Spanish immigration authorities announced new criteria to obtain permits regulated by the Entrepreneur’s Act.

Key Points:

  • The new requirements will be applied to permits regulated by the Entrepreneur’s Act 14/2013, in relation to the qualification accreditation either through academic credentials or comparable experience.
  • The new requirements classify the type and format of the required documentation, specifically:
  • Certain academic credentials must now be apostilled/legalized and duly translated depending on whether the profession is regulated or unregulated. Previously, the submission of degrees without apostille/legalization was allowed.
  • For certain comparable experience qualifications, applicants must now provide an employment history (such as earning records) and a certificate of professional qualification.
  • These documents should both be issued by the competent equivalent authority in an applicant’s country of origin as an official document that allows the worker’s professional competences to be demonstrated.

Additional Information: The Entrepreneur’s Act 14/2013, established Sept. 27, 2013, aims to facilitate the establishment and internationalization of entrepreneurial ventures and offers a longer residency period and a faster resolution process. Foreign nationals who wish to enter Spain to make a significant financial investment may apply for a residence visa for investors to facilitate the establishment of businesses, particularly those with innovative projects.  

BAL Analysis: The Large Companies Unit of Spain’s immigration authority has started to apply new criteria to permits regulated in the Entrepreneur’s Act. Employers should be aware of this change of practice and factor additional document acquisition time frames into employment strategies.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

Spanish immigration authorities announced a change in practice regarding proof of social security coverage for intra-company transferee permit applications.

Key Points:

  • Officials stated that intra-company transferee permit applications must now include a valid proof of social security coverage certificate.
  • Previously, authorities would accept a commitment letter from an applicant’s host employer stating that the assignee would be registered in the Spanish social system if an applicant was unable to obtain a valid certificate confirming social security coverage in their country of origin.
  • Both initial and renewal intra-company transferee applications must now include proof of social security coverage to apply.

BAL Analysis: Employers should be aware of this change of practice and factor government processing times for certificates of coverage into employment strategies.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

Spanish government officials have released reminders on reentry permits for the summer travel season.

Key Points:

  • Reentry permits are issued to foreign nationals who are in the process of renewing their residence permits and meet the applicable requirements.
  • Reentry is authorized through land or sea border posts until Sept. 30, 2024, provided that individuals possess a valid passport or travel document, a copy of their expired residence permit and a completed residence permit renewal application.
  • Air travelers are advised to obtain a reentry permit to avoid airlines refusing their transport into Spain if they do not possess a valid residence permit.

Background: The General Department on Immigration Affairs and Borders has provided these reminders due to an expected increase in reentry permit applications during the summer holiday season. The reentry permit is a valid document for crossing the border through Spanish border posts and is issued to authorize the departure and subsequent return of a foreign national who has a residence or stay permit that is currently in the process of being renewed.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The Council of Ministers approved an increase in the monthly minimum wage for this year to €1,134 (about US$1,214) in 14 payments.

Key Points:

  • The new minimum wage, which is expected to benefit an estimated 2.5 million workers, will be backdated to Jan. 1, 2024.
  • The raise marks a 5% increase from the 2023 minimum wage and a 54% increase from 2018.
  • The Council established new rules for transparent and predictable working conditions.

Background: The approval follows an agreement with the trade unions Comisiones Obreras and Union General de Trabajadores. In addition to the minimum-salary increases, the Council introduced new rules for employers to record conditions of work and employment. The new regulations prohibit on-call work and zero-hour contracts, meaning that workers won’t have to be permanently available to employers. In addition, the Council reduced personal income tax withholdings for those with low incomes.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

 

 

The Council of Ministers has approved an increase in the monthly minimum wage for this year to €1,134 (about US $1,214) in 14 payments.

Key Points:

  • The new minimum wage, which is expected to benefit an estimated 2.5 million workers, will be backdated to Jan. 1, 2024.
  • The raise marks a 5% increase from the 2023 minimum wage and a 54% increase from 2018.
  • The Council established new rules for transparent and predictable working conditions.

Background: The approval follows an agreement with the trade unions Comisiones Obreras (CCOO) and Union General de Trabajadores (UGT). In addition to the minimum-salary increases, the Council introduced new rules for employers to record conditions of work and employment. The new regulations prohibit on-call work and zero-hour contracts, meaning that workers won’t have to be permanently available to employers. In addition, the Council and reduced personal income tax withholdings for those with low incomes.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

 

IMPACT — MEDIUM

Spain’s Supreme Court has nullified a regulation that allows authorities to terminate foreign nationals’ temporary residence if they are outside of Spain for more than six months in a period of one year.

Key Points:

  • In its ruling, the Court found the regulatory provision null and void because it restricted the fundamental right of free movement for foreign nationals with temporary residence in Spain. The Court said such a restriction can only be made by legislation, not a regulatory decree.
  • The ruling applies to temporary residence permits issued under the Organic Act 4/2000, a law that expanded the rights of immigrants in Spain; it did not directly address permits issued under the Entrepreneurs’ Act.

Additional Information: While the Court’s ruling seems to expand the rights of temporary residents, it remains to be seen how it will be implemented in practice. The Court also left open the possibility for the Spanish parliament to pass legislation on the question. BAL will continue following this matter and will provide updates as information becomes available.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT — MEDIUM

The Spanish government has published guidance for remote workers and entrepreneurs applying for visas under the startup law.

Remote Workers:

  • Individuals applying for a visa to work remotely in Spain must provide proof that they graduated from a renowned university or that they have three years of relevant work experience.
  • Spanish authorities retain the right to request for additional verification of education or relevant experience during the application process.
  • Those who are working in government-regulated positions, such as lawyers, architects and some engineers, must have their degrees evaluated and verified to receive a remote work visa.

Entrepreneurs:

  • Individuals applying for an entrepreneurial visa must submit a report, including business partners, services provided, processing of the company and proprietary technology used, to the National Agency of Innovation (ENISA), providing evidence that their business activities in Spain are entrepreneurial.
  • ENISA will provide a decision on the report within 10 business days.

Additional Information: More information regarding the application process for remote workers and entrepreneurs is available here.

BAL Analysis: Spanish authorities provided guidance for remote workers and entrepreneurs who are applying for visas to mitigate complications and delays in the application process. Individuals applying for a remote worker visa in Spain should review the visa guidance and requirements carefully before submitting their application.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT — MEDIUM

Spain recently approved the creation of a digital nomad visa as part of its new Startup Law.

Key Points:

  • The visa will allow third-country nationals to stay in Spain to work remotely for companies located outside the country.
  • The visa will require foreign nationals to have:
    • A foreign employer or client that has existed as a business entity for at least one year.
    • Worked with their employer or client for at least three months.
    • Documentation proving their work can be performed remotely.
    • Sufficient financial resources, amount to be specified.
  • The visa is renewable and can be extended for two years at a time until reaching a five-year limit, after which the employee will be eligible to apply for permanent residence.

Additional Information: Spanish authorities are still finalizing details for the digital nomad visa, which is expected to bring more foreign national “digital nomads” to the country to stimulate the economy. The visa is part of a new Startup Law, which aims to encourage investment in and support the growth of startup companies. BAL will provide more information as it is made available.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT — MEDIUM

The Spanish government has lifted all COVID-related entry requirements for those traveling to the country.

Key Points:

  • As of Oct. 21, individuals traveling to Spain are no longer subject to COVID-related entry restrictions.
  • Spanish authorities no longer require travelers to have proof of COVID-19 vaccination or recovery certificates when entering the country or test for COVID-19 before or after arrival.

Additional Information: More information regarding Spain’s entry requirements is available here.

The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT – MEDIUM

The Spanish government has lifted COVID-related entry requirements for certain foreign nationals.

Key Points:

  • As of June 2, individuals who are traveling from EU and Schengen Area countries to Spain are exempt from COVID-related entry requirements.
  • Foreign nationals from EU and Schengen Area countries will no longer be required to show proof of vaccination against COVID-19, previous recovery from COVID-19 or a negative COVID-19 test to enter the country.
  • Those who are over the age of 12 and traveling from outside the EU and Schengen Area must still have proof of vaccination against or recovery from COVID-19 or a negative test PCR test result taken within 72 hours before departure to enter the country.

Additional Information: More information regarding the Spain’s COVID-19 entry requirements is available here.

BAL Analysis: COVID-19 entry requirements no longer apply to those traveling to Spain from EU and Schengen Area countries. The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.