Highly Qualified Workers’ Requisite Salary May be Higher Due to Policy Change

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].