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IMPACT – MEDIUM
What is the change? Spanish visa processing centers in Mumbai and New Delhi are expected to temporarily close within the next few days.
What does the change mean? Those needing to file time-sensitive applications at Spanish visa processing centers in Mumbai or New Delhi should do so as soon as possible.
Background: Spain outsources visa processing in India to VFS Global. The contract between the Spanish government and VFS Global in India is due for renewal and, unless an agreement is finalized, the processing centers in Mumbai and New Delhi are expected to temporarily close this month.
BAL Analysis: Those with time-sensitive applications should file them as soon as possible and, at a minimum, on or before the days listed above. BAL will continue to monitor the situation in India and report if additional information about the expected closures becomes available.
This alert has been provided by the BAL Global Practice group and our network provider located in India. For additional information, please contact your BAL attorney.
Copyright © 2016 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.
What is the change? Spain has announced that beginning Oct. 1, Saturdays will be considered nonworking days for purposes of immigration processing.
What does the change mean? Processing will take longer than it previously did, as Saturdays will no longer be considered business days when calculating processing times.
BAL Analysis: Businesses should take note of the change and adjust timelines if necessary. Employers may want to consider filing time-sensitive applications earlier than normal due to the change in how processing times will be calculated.
This alert has been provided by the BAL Global Practice group and our network provider located in Spain. For additional information, please contact your BAL attorney.
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When traveling to Spain, your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if you require work authorization. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.
As a business visitor to Spain, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:
If I qualify as a business visitor, do I need a visa for Spain?
Nationals of the European Union, United States, and many other select countries are eligible for a visa waiver and are not required to obtain a visa in order to enter and conduct business activities in Spain.
Spain is a member of the Schengen Area, a free-travel zone comprised of 29 European countries. If your nationality is not eligible for a visa waiver in the Schengen Area, you will be required to obtain a Schengen C Visa prior to travel. Visa-waivered nationals, as well as those who are required to obtain a visa, are authorized to travel to Spain and throughout the Schengen Area. Please note that travelers may not spend more than 90 days within any 180-day period inside the Schengen Area.
The activities below, whether paid or unpaid, generally constitute work under Spanish law. This list is not exhaustive, and many other professional activities are considered work in Spain, even if conducted for a short duration.
The requirements for work authorization depend on your qualifications, on the nature and duration of your work and on whether your employer has an entity in Spain. Work authorization is granted under either the Entrepreneurs Act or the General Immigration Framework. Permits issued under the Entrepreneurs Act are subject to a streamlined immigration process; those ineligible under the Entrepreneurs Act must apply through the General Immigration Framework. The most common forms of work authorization in Spain issued under these categories are:
Entrepreneurs Act:
General Immigration Framework:
Nationals from the European Union, the European Economic Area and Switzerland are not required to obtain work authorization in order to work in Spain. However, registrations or other formalities may be required prior to working or residing in Spain.
Additional work authorization exemptions are available in Spain for certain occupations and activities, as well as under Vander Elst (also called Van der Elst) rules. In this case, a legal assessment to determine the possibilities for a work authorization exemption should be obtained prior to traveling.
The Trade and Cooperation Agreement (TCA), which governs post-Brexit relations between the EU and the U.K., has altered immigration regulations in the affected countries. Please be sure to contact your immigration representative for full details regarding the TCA’s impact in Spain.
Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.
What is the change? Spain has expanded the definition of common law partners and family members of EU nationals for purposes of eligibility for dependent status.
What does the change mean? Those who will now be eligible for dependent status in Spain include common law partners of EU nationals where a long-standing relationship can be established, family members who are financially dependent on the EU national or live together in the country of origin, and family members who depend on the EU national for personal care due to a serious illness or disability. Dependent status is determined regardless of nationality.
Background: The new regulation amends Royal Decree 240/2007, which defined dependents as spouses, legally registered partners in an EU registry, children under 21, and financially dependent parents or ascendants.
The change broadens the definition of dependents to cover common law partners in steady, long-standing relationships (opposite-sex or same-sex). A long-standing relationship will be found to exist when partners have been living in “marital cohabitation” for at least one continuous year or have children together. The change also covers family members who live with or who are financially or medically dependent on the EU national at the time of application.
BAL Analysis: Non-EU family members and partners of the type described above will now be eligible for dependent status in Spain, which affords them greater rights to enter, leave and reside there. The change provides an incentive for some EU nationals with dependents covered by the new regulation to relocate to and reside in Spain.
What is the change? Spain has implemented a law that requires applicants for Spanish citizenship to pass language and civics tests.
What does the change mean? As of Oct. 15, applicants must achieve the A2 level in the Spanish language and pass a civics test about the Spanish constitution, culture and current affairs.
Background: The language and civics exams will be managed by the Instituto Cervantes, which oversees Spanish language courses in Spain. The government fee for nationality applications is 100 euros (about US$114), and the exam centers will also charge approximately 124 euros for the language exam and 85 euros for the civics exam.
Applicants will be able to submit their applicants electronically through a new online platform.
BAL Analysis: Foreign employees and their dependent family members who are applying for citizenship should be aware of the new requirements.
What is the change? Spain has introduced the EU ICT visa for intra-company transferees and their family members to move within the EU more easily.
What does the change mean? Foreign managers and trainees who are issued the EU ICT visa in Spain may move to another EU country with fewer formalities. Managers and trainees who hold ICT visas in an EU country and wish to move to Spain may benefit from fast-track processing through the Large Company Unit (UGE).
Background: Spain’s new visa provides a path to greater EU mobility for ICTs, as required by an EU Directive adopted last June.
The new visa is available to ICTs who are managers and specialists transferred to Spain for up to three years and foreign employees receiving training for up to one year. The company may transfer eligible applicants to Spain via the EU ICT track during the validity period of the existing ICT visa. Upon notification to the UGE, the UGE has 20 days to oppose this transfer.
The main benefits are fast-track processing through the UGE, though applicants must fulfill certain registration requirements before traveling to Spain to work. Those issued EU ICT visas in Spain may move to another EU country after notifying the destination state and fulfilling requirements of that country.
BAL Analysis: The visa makes Spain a favorable destination for ICTs who seek greater mobility in the rest of the EU. Other member countries (excluding Denmark, Ireland and the U.K.) are required to implement similar procedures to facilitate short-term and long-term mobility ICTs.
What is the change? Australia and Spain have entered a reciprocal Work and Holiday Visa arrangement.
What does the change mean? The agreement provides 500 Work and Holiday Visas for each country per year.
Background: Australia announced that an agreement with Spain was signed at Parliament House on 3 September. Australia already has Work and Holiday agreements with Argentina, Bangladesh, Chile, Indonesia, Malaysia, Papua New Guinea, Poland, Thailand, Turkey, the U.S. and Uruguay. Work and Holiday visas provide that young adults, generally aged 18 to 30, may travel and work on a short-term basis usually for up to one year.
BAL Analysis: Australia has been actively expanding its Work and Holiday visa program to more countries in the past year. The program fosters cultural exchange and benefits employers with global training programs.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com.
MARN: 9683856
IMPACT – Medium
What are the changes? A new Spanish law allows investors, entrepreneurs, researchers and graduates to receive work permits if the individuals meet certain requirements. The criteria for each of the new categories of workers are updated below.
Background: The changes are part of the Act for Entrepreneurs, approved by Spain’s Congress on Sept. 19, 2013, aimed at attracting foreign investment by creating new categories of workers eligible for expedited work permits.
The specific criteria are listed below for each type of applicant.
Investors Must have one of the following:
Researchers Includes those engaged in scientific or technological work, university lecturers for schools and other educational institutions located in Spain, and researchers from private and public organizations.
Entrepreneurs Must work in a sector that Spain has targeted for development.
Graduates Graduates or postgraduates of prominent universities or business schools may qualify. Please contact BAL for more details.
BAL analysis: The new law provides new avenues for business startups, real estate and business investors, researchers and graduates to do business in Spain and qualify for faster processing of work permits.
This alert has been provided by the BAL Global Practice group and our network provider located in Spain. For additional information, please contact GlobalVisaGroup@bal.com.
Select business travelers will benefit from a new law that goes into effect today. The Act for Entrepreneurs, aimed at stimulating the economy, creates a new immigration route for property investors and streamlines the immigration process for:
The new law broadens the definition of “large company,” which will make it easier for companies to sponsor expatriate employees. It also shortens the immigration process. Under the new law, successful applicants are exempt from the labor market test requirement.
More details about the new law and its implementation will be available soon. BAL will provide updates accordingly.
Effective immediately, there are new, lower minimum salary thresholds for EU Blue Card holders and foreign employees who use the fast-track process. The Instituto Nacional de Estadistica recently updated the minimum salaries for various fields in the Clasificación Nacional de Actividades Económicas (National Classification of Economic Activities, or CNAE). Due to the recent economic downturn, the thresholds for some foreign workers have been lowered accordingly. Although the formula for determining the minimum salary for EU Blue Card holders has not changed, the base salary for each field specified in the CNAE has decreased, so Blue Card salaries are effectively lowered.
The table below is a guide to the changes in minimum salary for EU Blue Card holders and foreign employees using the fast-track process. Gross salaries are expressed in euros.
A foreign employee is eligible for the fast-track process if he or she is:
View the updated CNAE salaries at the Instituto Nacional de Estadistica website.