Royal Decree In Spain Imposes Labour Market Test

May 6, 2011— Employers in Spain will soon see more stringent requirements for intracompany transferees, but also expanded eligibility for expedited immigration processing and a new immigration category for researchers and highly skilled workers, under a royal decree taking effect June 30, 2011. Under the decree, employers will be required to conduct a labor market test for foreign intracompany transferees, unless the transfer is between companies belonging to the same group and having common ownership, and the employer can certify and document that a foreign transferee has specific knowledge that is available only to senior employees and is essential to the offered position.

The decree will expand options for expedited immigration processing, by easing eligibility requirements for Spain’s Large Business Unit (Unidad de Grandes Empresas), which provides an exemption from labor market tests, expedited work permit of approximately one month, and visa processing in approximately ten days. In addition, a dependant residence permit application can be submitted simultaneously with that of the principal applicant, and dependant spouses can apply for a work permit without a labor market test.

Under the decree, an employer can qualify for the Large Business Unit in one of two ways. If an employer is seeking to hire highly skilled applicants – those who hold a university diploma and who will receive a minimum salary of €24,000 per year, plus €962 per month for each sponsored dependant – the employer must meet any one of the following criteria: 

 
  • It employs at least 500 workers who pay into the Spanish social security system (reduced from 1,000 workers).
  • Its annual business volume in Spain is at least € 200 million. 
  • It receives at least € 1 million in foreign investment (reduced from € 20 million). 
  • It operates in one of the following industrial sectors: technology, IT, renewable energy, environmental protection, water treatment, healthcare, biopharmaceutical, biotechnology, aeronautics and space. The Spanish Ministry of Labor will also consider other industries upon request. (This criterion is new.)

    • An employer may also qualify for the Large Business Unit if it is seeking to hire any one of the following: 

     
  • Technicians and highly skilled employees to work in the public sector. 
  • University professors for public and private universities. 
  • Research and development technicians at a Ph.D. level. 
  • Well-known international performing artists and technicians as part of a show.

    • The Ministry of Labor is also authorized to consider special applications for fast-track processing from employers that would not otherwise qualify.

    The decree will also implement the European Union Blue Card by creating a new employment category for researchers and highly skilled employees. Although the new category will require a labor market test, it will offer expedited adjudication and other processing advantages. Work permits under the program will be processed in roughly 45 days. Work visas, when necessary to enter Spain for employment, will be processed in roughly 15 days. Applicants holding a residence permit from another EU country will not have to obtain a work visa.

    About AIReS

    AIReS, which was named to the 2010 Inc. 5000 list of fastest-growing independently owned businesses in the U.S., is in its 30th year of providing best-in-class relocation management services. With seven ISO registered U.S. offices and other strategically located employees located around the globe, AIReS is a recognized industry leader in delivering high quality relocation and assignment management services to leading corporations. The company boasts some of the industry’s highest annual customer-satisfaction scores and a client-retention rate of over 98%. For more information, please visit the AIReS website at www.aires.com.

     

    Back to News Archives

    Username:
    Password: