Highly Qualified Workers’ Requisite Salary May be Higher Due to Policy Change
July 19, 2018
The situation
Spanish immigration authorities have been rejecting highly qualified workers’ immigration applications under the Entrepreneurs Act, which may result in the need for higher salaries for such applicants.
A closer look
Immigration authorities have argued that rejected applicants’ salaries are not sufficient, even where the salary is in line with collective bargaining agreements and is over the requisite EUR 30,000 for the category.
Impact
Due to the more rigorous standards, Fragomen recommends employers to ensure salaries at 1.5 times the average salary of a similar position in the company and/or the sector. This salary level applies to the EU Blue Card, a permit type similarly tailored to highly qualified applicants but regulated under the general immigration framework (not the Entrepreneurs Act).
Case-by-case analysis is required to determine an appropriate salary level for each application. Considerations will include the local position, the foreign worker’s experience and qualifications, the corporate sector and any applicable collective bargaining agreements. Fragomen will contact affected employers and foreign nationals to consult on an appropriate salary level.
Background
Applications under the Entrepreneurs Act are favorable for highly qualified foreign workers since this category offers a streamlined application process. Under the former policy, as long as the applicant was highly qualified, the position was suitable for a highly qualified worker, and the salary was in line with collective bargaining agreements and the sectoral average, authorities would usually grant the application.
Looking ahead
Fragomen is consulting with responsible authorities to obtain confirmation on the above threshold and will keep clients informed of developments.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
Explore more at Fragomen
Media mentions
O diretor Gustavo Kanashiro compartilha como os cidadãos luso-brasileiros poderiam potencialmente solicitar o visto E-2 dos EUA para investidores.
Fragomen news
The AILA NJ Chapter presents Director & Pro Bono Counsel Barbara Camacho with the Pro Bono Champion Award.
Podcast
Members of Fragomen's Education Practice discuss the UK's digitisation of the immigration system and its impact on the UK education sector.
Blog post
Senior Manager Alfred Chong and Senior Business Immigration Consultant Jonathan Ying discuss the steady rise of Japan's tourism sector, applications for permanent residency and the overall appeal of Japan as a place to live.
Awards
Fragomen and TBB received the “Partnership with an International Charity” award at the 9th Annual Better Society Awards.
Media mentions
Partner Louise Haycock shares how the UK’s salary threshold is impacting businesses.
Media mentions
Nomadic Director Kim Conway discusses technology’s impact on the business travel landscape at the 2024 GBTA Canada Conference.
Media mentions
In an interview, Partner David Grunblatt shares his thoughts on the challenges impacting the future of immigration law.
Video
Partner Charles Johanes discusses key tips on managing workforce ratios and other localisation requirements across the APAC region.
Blog post
Associate Anastasija Vasiljeva discusses the digitalisation of the UK immigration system, how these changes are designed to enhance efficiency and security and how student sponsors and visa nationals must stay informed and compliant.
Video
Senior Immigration Consultant Elisabeth Kamm discusses changes to the Schengen Area that travelers should be aware of and how they can ensure they are prepared to meet immigration requirements.
Blog post
Senior Manager Deirdre Murray discusses the possibility of the Irish Government granting the spouses and partners of Intra-Company Transfer employment permits an automatic right to work in Ireland.
Media mentions
O diretor Gustavo Kanashiro compartilha como os cidadãos luso-brasileiros poderiam potencialmente solicitar o visto E-2 dos EUA para investidores.
Fragomen news
The AILA NJ Chapter presents Director & Pro Bono Counsel Barbara Camacho with the Pro Bono Champion Award.
Podcast
Members of Fragomen's Education Practice discuss the UK's digitisation of the immigration system and its impact on the UK education sector.
Blog post
Senior Manager Alfred Chong and Senior Business Immigration Consultant Jonathan Ying discuss the steady rise of Japan's tourism sector, applications for permanent residency and the overall appeal of Japan as a place to live.
Awards
Fragomen and TBB received the “Partnership with an International Charity” award at the 9th Annual Better Society Awards.
Media mentions
Partner Louise Haycock shares how the UK’s salary threshold is impacting businesses.
Media mentions
Nomadic Director Kim Conway discusses technology’s impact on the business travel landscape at the 2024 GBTA Canada Conference.
Media mentions
In an interview, Partner David Grunblatt shares his thoughts on the challenges impacting the future of immigration law.
Video
Partner Charles Johanes discusses key tips on managing workforce ratios and other localisation requirements across the APAC region.
Blog post
Associate Anastasija Vasiljeva discusses the digitalisation of the UK immigration system, how these changes are designed to enhance efficiency and security and how student sponsors and visa nationals must stay informed and compliant.
Video
Senior Immigration Consultant Elisabeth Kamm discusses changes to the Schengen Area that travelers should be aware of and how they can ensure they are prepared to meet immigration requirements.
Blog post
Senior Manager Deirdre Murray discusses the possibility of the Irish Government granting the spouses and partners of Intra-Company Transfer employment permits an automatic right to work in Ireland.