Thanks to all the advantages it offers, this is undoubtedly one of the most interesting options for foreigners who want to start living in the country.
Being able to bring your family with you, an initial authorization of 3 years instead of 1, not taking into account the shortage occupation list… those are some of the main benefits this visa offers. And in this article, we will talk about the main keys to obtaining the highly qualified visa in Spain easily.
If you want to achieve a successful application without suffering from any legal issues… keep on reading!
Let’s start by talking about the basics. What is this permit all about and for whom was it created?
The work permit as a highly qualified worker is a residence authorization granted to those foreigners from outside the European Union who will start working in a technical position or one that requires certain work experience in Spain.
It was designed for executives or managers who manage people, or for professionals occupying positions that require very specific and advanced training/experience.
It presents many differences in relation to a regular work permit, as we will see throughout this article, most of them in the form of advantages. You can learn about other residencies that allow you to work in Spain.
Most of these differences are due to the fact that the highly skilled visa is regulated by Law 14/2013 on support for entrepreneurs and their internationalization, which seeks to attract talent and promote the country’s economy through extensive facilities for talented foreigners.
So let’s see what are all these advantages and main keys that will help you successfully apply for this special type of work permit.
National PAC vs. Blue Card-EU: which one corresponds to you?
Before starting the application, it is important to know that Law 14/2013 does not regulate a single route, but rather two different modalities for highly qualified professionals. Choosing the right one from the beginning saves you time and avoids requirements.
National authorization for highly qualified professionals (PAC)
It is the most common route. It allows you to reside and work only in Spanish territory, and it is what we have been describing throughout this article.
Blue Card-EU (Blue Card)
It is a harmonized modality at the European level. It requires a somewhat higher level of qualification and, in return, offers a differential advantage: greater ease of mobility within the European Union once obtained.
Do you have doubts about which modality corresponds to you? Our immigration lawyers can analyze your specific case.
Benefits of highly qualified visa
If as a foreigner you wish to apply for a work permit, at our offices we always recommend a highly qualified visa.
In comparison to a regular work permit it offers many advantages and benefits, some of which we explore next:
Apply directly from Spain
Here we can find one of the main advantages of this permit.
The foreigner interested in obtaining this visa can carry out the procedure both from his country of origin and directly from Spain.
That is, as long as the foreigner is in a legal situation within Spanish territory (either with a tourist visa, with a stay for study purposes, or with any residence permit) he or she can start the application and obtain this residence without going back to her country.
However, it is also possible to start the application from the country of origin. Both paths are equally valid.
If the foreigner is outside Spain, then he or she must first apply for a residence permit at the Spanish consulate in the region where he or she has legal residence. Once it is granted, she will receive the visa with which to enter Spain directly to register her fingerprints and get the residence card or TIE.
Do you have any questions? Ask our immigration lawyers anything:
Work permit attached to the specific company, who initiates the procedure
Although we have mentioned that the foreigner can start the application procedure in Spain or in her country of origin, it will be the company that hires her the one that actually initiates the procedure.
A duly accredited representative of the company can also carry out the process.
Thus, it will be the company that hires us who must prepare the initial documents and who will be in charge of submitting everything to the competent authority.
And this leads us to understand a crucial aspect.
As it is the company that initiates the application, the permit as highly qualified worker is linked or tied to the company you will be working for.
That is, the visa is granted to the company so that you can work there after analyzing the position and its characteristics specifically.
Therefore, if during the duration of your residence card you find a better job offer, you are fired or you directly want to stop working, bear in mind that you would lose your legal residency in Spain and won’t be able to renew it.
You will then have 30 days to notify the UGE about the situation, choosing two different options.
- The first is to find a new job offer so that they can assess whether it is truly highly qualified and you can make the change.
- The second would be changing to another type of residence permit.
Fast-track resolution
Like the rest of permits under the law of entrepreneurs, the UGE or “Unidad de Grandes Empresas” is the institution in charge of managing all the applications (instead of the immigration office located in your city).
Although located in Madrid, it manages all applications for any region within the Spanish territory.
This means that you will enjoy a fast-track resolution, as the UGE handles applications in just 20 labor days.
No need to consider the national situation of employment
The national situation of unemployment is undoubtedly one of the main obstacles preventing many foreigners from obtaining a regular work permit. It makes the ability to find a valid job offer almost impossible.
However, with a work visa as a highly qualified individual, the situation is totally different: there is no need to consider this shortage occupation list.
This certainly opens the door for many foreigners who now only need to focus on finding the right company and meeting her personal requirements, something that depends much more on her.
Thus, the company will not have to provide a negative employment certificate confirming and verifying that there is no Spanish national willing or able to do perform that exact job.
Another advantage that makes this permit an ideal option for many.
Longer initial validity
Once again, another of the main advantages of this permit thanks to being under Law 14/2013 is that the initial authorization allows the foreigner to reside and work in the country for 3 years instead of just 1 (unless the job contract is of a shorter duration, then making the period equal).
Thus, the foreigner may legally reside in the country for 3 years, may renew it for 2 more, and after the third renewal, apply for long-term residence.
Renewals can be requested up to 60 days before authorization expires, as long as the requirements are maintained.
Bring your relatives with you
Is it possible to bring your family members with you?
The answer is yes, and in a much more agile and flexible way than what you find with other types of visas.
In that sense, you have two options regarding the time they can come with you.
- You can formalize an initial joint application, by which you include them in your application for the work permit, arriving in Spain together.
- However, they can also come to the Spanish territory later one, after you have been in Spain for 3 or 4 months, for example.
Which relatives can you bring with you?
- Your spouse or civil partner (or stable partner as long as you have lived together for at least 1 year)
- Children
- Ascendants that you are in charge of
Remember that if you have any doubt about this residence permit, our team of lawyers is at your complete disposal to provide legal assistance and guide you step by step:
Highly qualified visa requirements
Fully understanding the requirements for each residency category is crucial to ensure a successful application.
And in that sense, the highly skilled professional visa is no exception.
Here, there are 3 main blocks to consider:
- Your background or professional profile as an applicant (experience and training)
- The tasks within your job position
- Your salary
Let’s explore each in more depth, and also analyze the rest of general requirements.
Worker profile and background
The academic profile of the foreign applicant is also of utmost importance.
The general requirement is that the highly-skilled worker must have a university degree, a master’s degree, or a Ph.D. to obtain this residence authorization.
And that’s because it is designed for professionals with a technical or advanced profile.
However, it is still possible to apply for this work permit if none of the aforementioned degree levels have been completed or obtained.
How? By accrediting a minimum of 3 years of work experience within the industry, carrying out tasks that are similar to those you will perform when starting with the new company.
However, the more years of demonstrable experience the better.
Job position requirements
The exact job position is one of the most important aspects and requirements for this application.
One of the main documents to be considered is a detailed explanation of the characteristics of the position within the company that the foreigner will cover, what tasks will she perform, who will be her superiors, what responsibilities will she possess, etc.
This is the way in which the UGE determines whether the position is sufficiently qualified or not.
Required salary
But it does not stay there. There is another requirement in relation to the job that the applicant must meet in a mathematical way: the salary.
There are specific criteria about the minimum wage that the highly qualified worker must earn, with certain exceptions, but it has been unified into a salary 1.4 times higher than the average gross annual salary.
This is equivalent to approximately 42,000€.
Extra general requirements
Finally, there are other requirements you must also make sure to meet:
- You must be clear of criminal records, something you are going to demonstrate through a criminal records certificate from the country or countries you have lived during the past 5 years
- The hiring company must be free from debts, both from the Tax Agency and from the Spanish Social Security
- You can’t be in an irregular situation in Spain at the moment of the application
- Paying the corresponding fee will also be required
What documentation do you need for the PAC?
The law does not establish a closed list of documents, but administrative practice requires, as a guideline, the following:
Documentation that the company must provide
- Copy of the company’s NIF and accreditation of the legal representation of the person signing the application.
- Copy of the employment contract or firm offer of employment, signed and dated prior to the application.
- Detailed description of the position: functions, responsibilities, hierarchical position and reason why it is considered highly qualified.
Documentation that the company must provide
- Valid full passport.
- Updated curriculum vitae.
- University, master’s or doctoral degree (or, failing that, documentation that proves equivalent professional experience).
- Criminal record certificate from the countries of residence in recent years, if the worker is already in Spain.
- Proof of payment of the corresponding fee.
- Sworn translation of any document that is not issued in Spanish.
How to apply for highly qualified worker visa
The first thing you must consider, as already mentioned above, is that for this work permit it will not be the Immigration Office but the UGE that handles your application.
In that sense, you can do it completely online through the UGE’s website, and directly from Spain as a tourist. This is the most recommended option.
Once the UGE-CE resolves your request favorably, the process varies depending on where you are:
- If you were outside Spain, you must collect the visa at the corresponding Spanish consulate, enter the country within the validity period of the visa and register your fingerprints to obtain the Foreigner Identity Card (TIE).
- If you were already in Spain, you can apply directly for the TIE after approval, without having to apply for an additional visa.
Remember that, in addition to the TIE, you must formalize your registration with Social Security before starting to work.
Frequent errors that can get your application rejected
Most of the problems with this permit do not come from not meeting the requirements, but from how the file is presented. These are the most common:
- Position description too generic. If the document does not clearly detail why the position requires high qualifications, the UGE-CE may not consider it sufficient.
- Miscalculated salary. Contracts with 12 or 14 payments, variable remuneration or part of the salary in kind generate confusion about whether the minimum required threshold is really reached.
- Lack of coherence between the CV and the position. The worker’s experience or qualifications must clearly fit with the functions they are going to perform.
- Documents without sworn translation when the original is not in Spanish.
- Not communicating a change of company or working conditions in time, which may jeopardize the validity of the permit.
Frequently asked questions
Is the "visa" and "permission" of a highly qualified professional the same?
Yeah. “Visa” and “visa” are colloquial terms that are used interchangeably to refer to this same residence and work authorization, which is officially called a permit or authorization for a highly qualified professional (or staff).
How long does it take for the request to be resolved?
Can I lose my permit if I change companies?
Yeah. Being linked to the position and the company that requested authorization, if that employment relationship ends, you have a period of time to notify the UGE and opt for a new equivalent offer or to modify your authorization to another type of residence permit.
Do I need a visa if I am already in Spain with another permit?
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