Spain: Implementation of Directive on intra-corporate transfers

Spain has become the first European Union member state to implement EU Directive 66/2014 on intra-corporate transfers (ICTs).

Multinational companies transferring non-EU directors, specialists or trainees to a unit of the company located in Spain may now apply for ICT visas. These will allow the non-EU intra-company transferees to stay in Spain for up to three years in the case of directors and specialists, and up to one year in the case of trainees — instead of just 90 days. Those issued an ICT visa in Spain will also be able to move to other EU countries with more ease during the validity of the visa.

An intra-company assignee will only be eligible for an ICT visa if they have worked for the sending company for at least three months before being transferred to Spain. They must also have a university degree or at least three years’ experience in a similar position.

In addition, holders of an ICT visa issued in another EU member state will be able to work in Spain for up to 90 days in each 180-day period without requiring further permission. If such ICT holders wish to work in Spain for a longer period they will have to apply for a Mobile ICT visa at the Dirección General de Inmigración.

All EU member states — with the exception of the United Kingdom and Ireland which are not part of the Schengen zone, and Denmark which has opted out — have until November 29th 2016 to implement the Directive on intra-corporate transfers. It is likely that France and the Czech Republic will be the next countries to do so.

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