Spanish immigration authority publishes criteria for application of the Entrepreneurs’ Law for investors, intra-corporate transfers and highly qualified employees in Spain

Written on 26 Jun 2019

Six years ago, the so-called "Entrepreneurs' Law" (Law 14/2013, of 27 September, to support entrepreneurs and their internationalization), came into force. The Entrepreneurs' Law established a more business-friendly immigration regime for highly qualified professionals, investors and multinational groups willing to temporarily transfer their foreign employees to Spain.

Since then, there have been evolution in economic and social contexts, as well as in the dynamics of the market and the Administration. In view of this, the Spanish immigration authority has made public the current internal criteria for its implementation, with the aim of ensuring that the application of the Entrepreneurs’ Law is more equitable and adequate for the achievement of its goals.
Among such criteria, the immigration authority has provided further details on the elements considered in order to classify an individual as a highly qualified employee. These criteria include a minimum annual salary of €54,142 for managers, and €40,077 for the rest of highly qualified employees.
The immigration authority has also provided more detail regarding the circumstances covered by the work permit for intra-corporate transfers, as well as the mandatory minimum content of the assignment agreements.

Comment
Although such internal administrative practice is nothing new to those individuals and firms that regularly advise on immigration matters, the Spanish authority’s publication of such criteria has created a more transparent, clear, efficient and secure legal framework for everyone.
As a consequence of this, not only the Entrepreneurs’ Law but also the criteria for its implementation will have to be borne in mind when planning to invest in, recruit or transfer foreign employees to Spain.