Spain: Temporary residence and work in the framework of transnational services
10 min readTemporary residence and work in the framework of transnational services: It is a temporary residence and work authorization in the framework of transnational provision of services, which allows a foreign worker to move to a workplace in Spain and depend, by express labor relationship, of a company established in a non-member State to the European Union or the European Economic Area in the following cases:
When the temporary displacement occurs on behalf of and under the direction of the foreign company on which it depends, to another company established or that operates in Spain, for the execution of a contract for the provision of services concluded between the two companies.
When the worker is temporarily displaced to work centers in Spain of the same company or business group.
When it comes to the movement of highly qualified workers to supervise works or services that companies based in Spain are going to carry out abroad.
BASIC REGULATIONS
Organic Law 4/2000, of January 11, on the Rights and Freedoms of Foreigners in Spain and their Social Integration (article 43.2).
Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20 (articles 110 to 116).
Law 45/1999 of November 29, on the Displacement of Workers in the framework of a provision of transnational services.
REQUIREMENTS
Not to be a citizen of a State of the European Union, of the European Economic Area or of Switzerland, or relative of citizens of these countries to which the regime of citizen of the Union applies.
Not be found irregularly in Spanish territory.
Lack of criminal records in Spain and in their previous countries of residence for crimes existing in the Spanish law.
Not be prohibited from entering Spain and not appear as rejectable in the territorial space of countries with which Spain has signed an agreement in this regard.
Not being, where appropriate, within the commitment period of no return to Spain that the foreigner has assumed by voluntarily returning to their country of origin.
Be a legal resident in the country or countries where the company that moves is located.
That the national employment situation allows hiring. It allows it if:
The occupation that the worker will perform in the company is included in the catalog of occupations of difficult coverage that the Public State Employment Service publishes quarterly.
The competent Immigration Office considers that the job position could not be filled under the certificate issued by the Public Employment Service on the management of the job offer.
The authorization is addressed to nationals of States with which Spain has signed international agreements (Chile and Peru).
They can prove the concurrence of an assumption set forth in article 40 of Organic Law 4/2000.
Having developed the professional activity in the country where your company is located on a regular basis and for at least one year.
Having been at the service of the company that displaces you for at least nine months.
The company that displaces must guarantee to the worker displaced to Spain the applicable working conditions in accordance with the provisions of Law 45/1999.
The company to which it moves must be aware of the fulfillment of its tax obligations and against Social Security.
EXCLUSIONS
They are expressly excluded from this type of authorization:
The trips made on the occasion of the development of training activities, except for trips to companies of the same group.
The displacement of navigating personnel with respect to merchant marine companies.
REQUIRED DOCUMENTATION
Note: in general, copies of the documents must be provided and the originals must be displayed at the time the application is submitted.
Application form in official form (EX – 08) in duplicate, duly completed and signed by the company that displaces the worker. This form can be obtained at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/index.html
Documentation referred to the worker:
Full copy of valid passport or travel title.
Copy of the training and, where appropriate, the professional qualification legally required for the exercise of the profession.
Documentation referring to the company that displaces you:
Documentation that identifies the company that it displaces and its fiscal address.
Public document proving that the signer of the authorization request has the legal representation of the company that displaces the worker, as well as the signer’s identification document.
Work contract of the foreign worker with the company that displaces him.
Certificate of displacement of the competent Authority or Institution of the country of origin proving that the worker continues to be subject to their Social Security legislation. If there is no International Social Security Agreement or Instrument, a public document for the appointment of the legal representative of the company for the fulfillment of the Social Security obligations.
Documentation accrediting:
That the residence of the worker in the country where the company that displaces him is stable and regular.
That the professional activity of the foreign worker in the country where the company resides is habitual.
That guarantees its displaced workers the requirements and conditions set forth in Law 45/99, of November 29.
Documentation referring to the company receiving the benefit:
Document that identifies the company:
If it is an individual entrepreneur: copy of the NIF or NIE or consent to verify identity data through the Identity and Residence Data Verification System.
If it is a legal person (S.A., S.L., Cooperativa, etc.): copy of the NIF and copy of the deed of incorporation of the company, duly registered in the corresponding Registry.
Depending on the assumption of displacement:
Copy of the service provision contract, or
Deed or public document proving that the displacement occurs in the same company or group, or
Documentation accrediting that the displacement occurs for the supervision of works or services that will be carried out abroad.
Descriptive report of the characteristics and profile of the job, specifying professional category, expected travel time and period for which the authorization is requested.
Documentation accrediting not taking into account the national employment situation. (See fact sheet with assumptions and precise documentation).
Important note: when documents from other countries are provided, they must be translated into Spanish or co-official language of the territory where the application is submitted.
On the other hand, any foreign public document must be previously legalized by the Consular Office of Spain with jurisdiction in the country in which said document has been issued or, where appropriate, by the Ministry of Foreign Affairs and Cooperation except in the case in which said document has been apostilled by the competent Authority of the issuing country under the Hague Convention of October 5, 1961 and unless said document is exempt from legalization under the International Convention.
PROCESS
Subject legitimized to submit the application: the employer who intends to displace, personally or through whom the corporate legal representation is attributed. (See Fact Sheet on Legitimate Subjects).
Place of presentation: Immigration Office of the province where the services will be provided. The address information, telephone numbers and customer service hours can be consulted at http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html.
It may also be submitted to the Spanish Diplomatic Mission or Consular Office corresponding to the place of residence of the employer who intends to displace.
The residence and work rates: will be accrued at the time of admission to the application process, and must be paid within ten business days, they are:
Model 790 code 052, section 2.1 initial authorization of temporary residence, to be paid by the foreign worker
Model 790, Code 062 to be paid by the employer (provided that the duration of the authorization is equal to or greater than six months):
Compensation of less than 2 times the SMI, “initial work authorizations in the framework of transnational service provision” 5.1
Compensation equal to or greater than 2 times the SMI, “initial work authorizations in the framework of transnational service provision” 5.2
The payment form can be downloaded from the Internet portal of the Secretary of State for Public Administration
Deadline for resolution of the application: 3 months from the day following the date on which it had entered the registry of the competent body for processing. After this period has elapsed without the Administration having practiced the notification, it may be understood that the request has been dismissed due to administrative silence. (When it has not been possible to notify the resolution, it will be announced in the Single Edictal Board (TEU) https://www.boe.es/tablon_edictal_unico. If you had opted for electronic or regulatory notification, you were obliged to use that means, the resolution will be will notify by publication in the electronic headquarters. If the resolution is not accessed within 10 business days of its publication, it will be notified).
In the case of concession, the worker has one month from the notification to the employer, to personally apply for the visa in the diplomatic mission or consular office in whose demarcation he resides. The visa application must accompany:
Ordinary passport or travel title recognized as valid in Spain with a minimum validity of four months.
Criminal record certificate issued by the authorities of the country of origin or of the country or countries where you have resided during the last five years.
Medical certificate.
Proof of having paid the visa fee,
The diplomatic mission will decide on the request within one month.
Notified, if applicable, the granting of the visa, the worker must collect it personally within one month from the date of notification.
The worker must enter Spain during the three months of validity of the visa.
In the period of three months from the entry, in the event that the Social Security regulations of Spain, its affiliation and registration in the corresponding Social Security regime should apply.
The authorization becomes effective when social security is registered or, in the event that the worker is subject to the Social Security legislation of their country of origin, when legally entering Spain.
Within one month after the authorization becomes effective, if the authorization granted is equal to or greater than six months, the worker must personally request the Foreigner Identity Card at the Aliens Office or Police Station of the province where authorization has been processed. To see where to go, the schedule and if you have to make an appointment you can consult http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html.
The applicant will show his passport or travel document at the time of the fingerprint process to prove his identity and will provide:
Foreigner identity card application, in official form (EX 17) available at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/index.html
Proof of payment of the card fee.
Proof of membership and / or registration of Social Security.
Three recent color photographs, in white background, passport size.
The residence and work authorization within the framework of transnational services benefits will be limited to a specific occupation and territorial scope, and its duration will coincide with the worker’s travel time with the limit of one year.
An extension may be requested for the planned period of continuity of the activity that motivated the temporary displacement, with the maximum limit of one year or the one established in International Agreements signed by Spain, and provided that the conditions required for granting the authorization are accredited initial.
EXTENSION
Subject legitimated to submit the application: the employer who has displaced the worker, personally or through representation.
Place of presentation: in any public registry and addressed to the Foreign Office of the province where the services will be provided. The address information, telephone numbers and customer service hours can be found at http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html
Deadline for submission: applications must be submitted during the 60 calendar days prior to the expiration date of the validity of the authorization.
The request for extension must be submitted in official form (EX – 08) and accompany, the copy of the passport, documentation proving the need to extend the authorization, as well as the certificate of displacement that proves that the worker remains subject to its legislation in Social Security, or in case of non-existence, public document of appointment of representative for the fulfillment of Social Security obligations.
The residence and work rates: will be accrued at the time of admission to the application process, and must be paid within the following ten business days, they are:
Model 790, Code 052 section 2.2 “renewal of temporary residence authorization”, to be paid by the foreign worker
Model 790, Code 062: to be paid by the employer:
Compensation of less than 2 times the SMI, heading “extension of work authorization in the framework of transnational service benefits” 6.1 .:
Compensation equal to or greater than 2 times the SMI, heading “extension of work authorization in the framework of transnational service benefits” 6.2
The payment form can be downloaded from the Internet portal of the Secretary of State for Public Administration
Deadline for resolution of the application: 3 months from the day following the date on which it had entered the registry of the competent body for processing. After this period has elapsed without the Administration having made the notification, it may be understood that the request has been granted due to administrative silence. (When it has not been possible to notify the resolution, it will be announced in the Single Edictal Board (TEU) https://www.boe.es/tablon_edictal_unico. If the interested party had opted for electronic or regulatory notification, they were obliged to use that means, the resolution will be notified by publication in the electronic headquarters. If the resolution is not accessed within 10 business days of its publication, it will be notified).
*The content of this page is merely indicative. Only the provisions of the regulations in force at the time the application is submitted is applicable.
Last update: 01/2016
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