Spain: Certain Work Permits Can Now Be Issued for Less Than 90 Days

The situation

Spanish authority guidelines have recently been updated to allow a range of work permits to be granted for periods shorter than 90 days.

A closer look

• Affected permits. These rules apply to Highly Qualified Professional permits, EU Blue Card permits, Researcher permits, Intra-company Transfer permits, and Digital Nomad permits. These permits are all part of the streamlined Entrepreneurs Law immigration pathway.
• General Regime Permits. Permits under the alternate General Regime immigration pathway – for instance, General Framework work permits as well as Non-Lucrative visas and Family Reunion permits– are not affected and will continue to require a minimum duration of at least 90 days.
• Other requirements remain. Notwithstanding the change in minimum days, all other requirements for obtaining the affected permits remain the same.

Impact

This rule change effectively allows certain foreign nationals to engage in short-term work assignments in Spain; whereas previously, the affected permits could not be issued for any period shorter than 90 days.

Background

• Dual-track immigration framework. Spain offers two primary immigration pathways, the ‘General Regime’ and the ‘Entrepreneurs Law’. The General Regime is the standard route, and is typically slower and more administratively complex. The Entrepreneurs Law (which includes the permits affected by these latest rule changes) is designed to provide quicker processing for professionals, entrepreneurs, and investors.
• Increased flexibility and accuracy. These latest rule changes to permits under the Entrepreneurs Law seek to provide more flexibility to employers engaging foreign talent, including ensuring that residence authorizations reflect the time actually needed to carry out the intended professional or economic activity.

Looking ahead

No further modifications to minimum permit lengths are currently envisaged, including for General Regime permits. This latest development represents a significant step forward in shaping Spain’s dual-track immigration framework, with the General Regime functioning as the standard route, and the Entrepreneurs Law serving as a fast-track mechanism for international talent and investment including, now, for short-term work authorizations.

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].