• Insights

National Intra-Company Work Permit Applications for Intra-EU Secondments May Not be Available

July 23, 2019

insight-news-default

Country / Territory

  • SpainSpain

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • Immigration authorities in Spain are increasingly refusing to accept national Intra-Company Transfer permit applications for non-EU foreign nationals transferring from another EU Member State to Spain on assignment.
  • Instead, affected applicants are advised to submit a Van Der Elst visa application at their local Spanish consular post, though their immigration process may be delayed under this process.

The situation

Immigration authorities in Spain are increasingly enforcing controls on non-EU nationals employed in another EU Member State and temporarily posted to Spain under the national Intra-Company Transfer (ICT) permit, and are re-directing applicants to other options such the Van Der Elst visa process.

Impact for foreign nationals

  • Re-assess travel strategy. Affected applicants in Spain are advised to re-assess their immigration strategy before moving to Spain as it may require additional steps such as submitting a Posted Worker Notification and applying for a Van Der Elst visa (residence permit on the basis of a work permit exemption) at the Spanish consular post of their place of residence.
  • Drawbacks to Van Der Elst process. Note that there are certain drawbacks to the Van Der Else visa process as compared to the national ICT permit:
    • Foreign nationals cannot be accompanied by dependants.
    • Spanish consular posts may not be fully aware of the Van Der Elst requirements and may therefore refuse or delay applications.
    • Submission of the application is subject to appointment availability at the consular post, which may delay the process as compared to the national ICT process.
    • Processing times for Van Der Elst applications are generally shorter but are subject to appointment availability at the consular post as Van Der Elst applications cannot be submitted in Spain, unlike ICT permit applications.

 

Impact for employers

  • Employers must file a Posted Worker Notification prior to the submission of the Van Der Elst visa application, which requires additional information from both the home and host entity and a representative at the Spanish host entity, among other requirements.
  • Employers must provide fewer corporate documents for the Van Der Elst visa application as compared to the ICT permit.

 

Background

  • Spanish trends. Previously, Spanish authorities accepted national ICT permit applications for intra-EU secondees to Spain. However, Spanish authorities are now becoming increasingly strict. For example, earlier this year, Spanish consular posts started requiring non-EU nationals to apostille supporting documents even though this is not legally needed. In the climate of increasing scrutiny and stricter enforcement, local Spanish authorities have stopped accepting national ICT permit applications for intra-EU secondees for the first time.
  • Regional trends. Other countries in the region have also expanded protections for workers and imposed stricter requirements and scrutiny on posted workers. For example, new penalties and rules apply for employers sending posted workers to France, and Greece introduced a new notification requirement for posted workers earlier this year. Stricter employment rules for posted workers are also forthcoming in the Netherlands.
     

Looking ahead

Rules relating to posted workers are likely to become more restricted in Spain and other EU Member States, as Europe increasingly responds to ongoing government concerns and studies showing that companies hiring cheaper labor in Eastern Europe for work in Western Europe are leaving employees unprotected. Read about this issue and how the implementation of the revised EU Posted Workers Directive demontrates that previous rules did not take into consideration new labor trends such as the growing workforce of the European Union and the economic crisis affecting the single market.

Fragomen will continue to monitor and report on further rules regarding posted workers.

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].

Country / Territory

  • SpainSpain

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Fragomen news

Comment on DHS proposal to impose up to $100,000 in Optional Practical Training FeesLearn more

Media mentions

Human Resources Director: Fixed-Term Contract Limits Squeeze Visa Sponsorship, Research Warns

Co-authors Partner Charles Johanes, Senior Counsel Anna Boucher and Allens Partner Tarsha Gavin explore the intersection of Australia’s migration and employment laws and the implications for employers sponsoring temporary visa holders.

Learn more

Blog post

Trusted Digital Identity Is Critical Infrastructure for Global Mobility

In the first blog in a new series, Managing Director, Digital Identity Amit Sharma explores why trusted digital identity is becoming increasingly important to global mobility, how reusable digital credentials could work and why interoperability across systems and jurisdictions will be critical.

Learn more

Blog post

UK Global Talent Visa vs Innovator Founder Visa: A Guide for Tech Professionals, Researchers and Founders

Senior Associate Amelia Haynes compares the UK’s Global Talent and Innovator Founder visa routes, examining who each route may suit, the evidence required, professional flexibility and potential pathways to settlement.

Learn more

Blog post

Polish Citizenship by Descent: Finding Family Records and Navigating Polish Archives

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek explain how applicants pursuing Polish citizenship by descent can locate family records, navigate archives and obtain documentary evidence that can be used in citizenship proceedings.

Learn more
Generic Insights

Fragomen news

2026年10月 米国移民法ダイジェストLearn more

Awards

Fragomen Recognized in 2027 Best Law Firms® Rankings in the United States

Fragomen has been recognized in the 2027 edition of Best Law Firms®, earning a National Tier 1 ranking in Immigration Law and 16 regional rankings across the United States.

Learn more

Media mentions

Global Underwater Hub: The Specialist Skills Needed to Deliver Future Offshore Projects

Director Kelly Hardman explores how early UK immigration planning and investment in domestic skills can help offshore businesses access the specialist expertise needed to deliver future projects.

Learn more

Media mentions

SHRM: Why ‘Hush Trips’ Can Pose Big Risks for Employers and Workers

Senior Counsel Jo Antoons explains the immigration, social security, insurance, employment law and tax risks that undisclosed international remote work can create for employers.

Learn more

Media mentions

Times of India: Immigration After the Midterms: A New Congress, but Who Holds the Power?

Senior Counsel Mitch Wexler discusses the potential impact of the US midterm elections on immigration policy and the areas where bipartisan support could shape future developments.

Learn more

Blog post

UK Earned Settlement: When Immigration Status Becomes an Incentive for Growth and Compliance

In a new blog, UK Government Affairs Strategy Director Shuyeb Muquit examines what the framework could mean for employers, including potential impacts on sponsorship costs, retention planning, employee communications and support for internationally mobile workers and their families.

Learn more

Blog post

What the 2026 Midterm Election Results Mean for U.S. Business Immigration and Employers

In a new blog, Partner K. Edward Raleigh examines what the election results could mean for employers and where businesses should focus now, from immigration compliance and workforce planning to state response procedures and preparation for increased scrutiny.

Learn more

Fragomen news

Comment on DHS proposal to impose up to $100,000 in Optional Practical Training FeesLearn more

Media mentions

Human Resources Director: Fixed-Term Contract Limits Squeeze Visa Sponsorship, Research Warns

Co-authors Partner Charles Johanes, Senior Counsel Anna Boucher and Allens Partner Tarsha Gavin explore the intersection of Australia’s migration and employment laws and the implications for employers sponsoring temporary visa holders.

Learn more

Blog post

Trusted Digital Identity Is Critical Infrastructure for Global Mobility

In the first blog in a new series, Managing Director, Digital Identity Amit Sharma explores why trusted digital identity is becoming increasingly important to global mobility, how reusable digital credentials could work and why interoperability across systems and jurisdictions will be critical.

Learn more

Blog post

UK Global Talent Visa vs Innovator Founder Visa: A Guide for Tech Professionals, Researchers and Founders

Senior Associate Amelia Haynes compares the UK’s Global Talent and Innovator Founder visa routes, examining who each route may suit, the evidence required, professional flexibility and potential pathways to settlement.

Learn more

Blog post

Polish Citizenship by Descent: Finding Family Records and Navigating Polish Archives

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek explain how applicants pursuing Polish citizenship by descent can locate family records, navigate archives and obtain documentary evidence that can be used in citizenship proceedings.

Learn more
Generic Insights

Fragomen news

2026年10月 米国移民法ダイジェストLearn more

Awards

Fragomen Recognized in 2027 Best Law Firms® Rankings in the United States

Fragomen has been recognized in the 2027 edition of Best Law Firms®, earning a National Tier 1 ranking in Immigration Law and 16 regional rankings across the United States.

Learn more

Media mentions

Global Underwater Hub: The Specialist Skills Needed to Deliver Future Offshore Projects

Director Kelly Hardman explores how early UK immigration planning and investment in domestic skills can help offshore businesses access the specialist expertise needed to deliver future projects.

Learn more

Media mentions

SHRM: Why ‘Hush Trips’ Can Pose Big Risks for Employers and Workers

Senior Counsel Jo Antoons explains the immigration, social security, insurance, employment law and tax risks that undisclosed international remote work can create for employers.

Learn more

Media mentions

Times of India: Immigration After the Midterms: A New Congress, but Who Holds the Power?

Senior Counsel Mitch Wexler discusses the potential impact of the US midterm elections on immigration policy and the areas where bipartisan support could shape future developments.

Learn more

Blog post

UK Earned Settlement: When Immigration Status Becomes an Incentive for Growth and Compliance

In a new blog, UK Government Affairs Strategy Director Shuyeb Muquit examines what the framework could mean for employers, including potential impacts on sponsorship costs, retention planning, employee communications and support for internationally mobile workers and their families.

Learn more

Blog post

What the 2026 Midterm Election Results Mean for U.S. Business Immigration and Employers

In a new blog, Partner K. Edward Raleigh examines what the election results could mean for employers and where businesses should focus now, from immigration compliance and workforce planning to state response procedures and preparation for increased scrutiny.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
November 9, 2026 | United StatesUnited States: DOL Final Rule on Prevailing Wages Now Under OMB Review
November 9, 2026 | United StatesComment on DHS proposal to impose up to $100,000 in Optional Practical Training Fees
November 9, 2026 | FranceFrance: Wide-ranging Immigration Reforms, Adoption of Certain Revised EU Blue Card and Single Permit Directive Rules
November 9, 2026 | AustraliaHuman Resources Director: Fixed-Term Contract Limits Squeeze Visa Sponsorship, Research Warns
November 9, 2026 | OmanOman: New Residence Permit and Workforce Rules for Investors and Property Owners in Special Economic Zones and Free Zones
November 9, 2026 | United StatesUnited States: DOL Final Rule on Prevailing Wages Now Under OMB Review
November 9, 2026 | United StatesComment on DHS proposal to impose up to $100,000 in Optional Practical Training Fees
November 9, 2026 | FranceFrance: Wide-ranging Immigration Reforms, Adoption of Certain Revised EU Blue Card and Single Permit Directive Rules
November 9, 2026 | AustraliaHuman Resources Director: Fixed-Term Contract Limits Squeeze Visa Sponsorship, Research Warns
November 9, 2026 | OmanOman: New Residence Permit and Workforce Rules for Investors and Property Owners in Special Economic Zones and Free Zones
November 9, 2026 | United StatesUnited States: DOL Final Rule on Prevailing Wages Now Under OMB Review
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.