Residence permits under Spain’s Law 14/2013
Mónica Álvarez de Sotomayor
by Mónica Álvarez de Sotomayor
Law 14/2013, in support of entrepreneurs and their internationalisation, established a special legal framework to facilitate residence and activity for investors, entrepreneurs, highly qualified professionals, and other foreign profiles in Spain.
ObjectiveThe law seeks to attract talent and investment through a faster, more flexible residence system than the general regime in Organic Law 4/2000.
Types of permits:
Entrepreneurs
Highly qualified professionals
Researchers
Intra-company transfers
Audiovisual and cultural sector workers
International teleworkers (“digital nomads”)
Family members.
Who can apply for the permit for entrepreneurs?Non-EU citizens may apply if they start an innovative business of economic interest in Spain, and meet the legal, financial, and insurance requirements which must be maintained throughout the permit’s validity.
EntrepreneursNon-EU citizens who launch an innovative project of economic interest may apply provided they meet requirements on legality, financing, and insurance. Conditions must be maintained throughout the permit.
Highly qualified professionalsOpen to non-EU professionals with a university degree or equivalent experience, and a job offer in Spain for managerial, technical or research roles.
Intra-company transfersAuthorises companies to move non-EU staff from a foreign branch to Spain within the same group. Applies to managers, specialists or trainees.
Audiovisual and cultural permitsFor non-EU professionals engaged in artistic, technical, or production activities linked to film, culture, and creative industries.
International teleworkersThe digital nomad visa allows non-EU citizens to reside in Spain while working remotely for foreign companies.
ResearchersNon-EU researchers hired by public or private institutions collaborating with universities or tech centres may obtain permits for R&D and innovation activities.
Family membersAll categories enable family reunification at the same time as the main applicant.
Duration
Visas: requested abroad; valid for 1 year or the same duration as the permit. No Foreigner Identity Card – Tarjeta de Identidad de Extranjero (TIE) required.
Permits: requested in Spain; valid for 2 years, renewable for 5.
ProcessingHandled by the Large Companies and Strategic Groups Unit (UGE-CE). Decisions made within 20 working days, with positive administrative silence if no reply.
Work rightsAll permits include the right to work from day one, without further procedures.
Advantages
Faster processing;
Direct work authorisation;
Family reunification allowed;
Flexible system; and
Positive administrative silence.
Conclusion
Law 14/2013 is a key tool to attract foreign investment and talent. Its agile framework, covering entrepreneurs, professionals, researchers, teleworkers and cultural workers, positions Spain as a leading destination for business and professional development in the global market.
GGI member firmRuiz Ballesteros Lawyers and Tax AdvisorsMarbella, Málaga, SpainT: +34 952 77 98 74
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Ruiz Ballesteros Lawyers and Tax Advisors is a firm of lawyers, economists and tax advisors established over 15 years ago. Highly qualified professionals cover all areas of legal, tax, accounting and commercial requirements for clients. Continuous training, demonstrating excellence, taking care of every detail, and upholding high ethical standards are the guiding principles of the firm.
Mónica Álvarez de Sotomayor holds a bachelor’s degree in English Philology from the University of Córdoba. Since 2000 she has built her career as a paralegal in major law firms in Marbella, and spent 7 years working in New York. She has strong client-facing experience across the legal, real estate, and architecture sectors. Contact Monica.