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Spain: Relaxed Entry and Stay Requirements for Foreign Nationals in Audiovisual Sector

November 15, 2021

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  • SpainSpain

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At a Glance

  • A new regulation establishes three new entry pathways for foreign nationals in the audiovisual sector (including performers, television content production, and software developers, among others). These pathways allow a longer stay period in Spain under a work permit exemption.
  • Previously, foreign nationals in the audiovisual sector entering under the work permit exemption were subject to strict regulations and were limited to working for five consecutive days or 20 non-consecutive days within a six-month period. Otherwise, they were required to apply for a work permit which is a much lengthier and costly process.

The situation

The Council of Ministers in Spain approved a regulation which has gone into effect that establishes new entry pathways for foreign nationals in the audiovisual sector, and allows longer stays under a work permit exemption.

Background

  • Work permit exemption. Eligible foreign nationals in the audiovisual sector can now enter Spain under the work permit exemption for stays up to 90 days without facing strict stay limits to which they were previously subject.
  • Limitations of previous rule. Foreign nationals in the audiovisual field entering Spain under the work permit exemption were previously subject to strict regulations which only allowed them to perform for five consecutive days or 20 non-consecutive days within a six-month period, significantly limiting performance time. The process was highly bureaucratic with differing requirements depending on the audiovisual field, creating legal uncertainty for companies and professionals seeking work in Spain.
  • Audiovisual sector importance. The audiovisual sector is of high economic interest to the Spanish government. As a result, the government is relaxing regulations to encourage foreign nationals in the field to enter the country.

A closer look

  • Eligible professionals. The following professionals are eligible for the new entry and stay procedures: professionals in traditional audiovisual content (including fiction and television content production, among others); professionals in the multimedia and interactive digital environment (including software development, video games, transmedia content and immersive experiences, among others); and professionals carrying out artistic activities that are disseminated through mass media.
  • New entry paths. The new regulation allows three entry paths for eligible professionals:
    • Stays of up to 90 days in a 180-day period. This pathway allows entry without a visa for eligible visa-exempt foreign nationals.
    • Stays between 90 and 180 days. This pathway requires foreign nationals to obtain an entry visa. However, if the professional entered under the first pathway and intends to stay for only 90 days, they can request a stay authorization document while in Spain that would extend their stay for up to 180 days without exiting Spain to obtain an entry visa.
    • Stays over 180 days. This pathway will require professionals to obtain an entry visa and a residence visa as a single permit.
  • Dependents. Under any of the above pathways, spouses or de facto partners, minor children, dependent children of legal age, and parents who are economically or physically dependent on the principal can enter as a dependent under the status of the main applicant, as opposed to the previous rule which required a separate entry application.

Impact

Eligible foreign nationals in the audiovisual sector entering under a work permit exemption can work in Spain for longer periods of time without facing strict stay limits. They also benefit from entry for their dependents under their status.
 

Looking ahead

The new regulations may be subject to different interpretations by Spanish consulates. As a result, foreign nationals and employers should check with their immigration provider to ensure they follow the correct entry processes.

No further relaxed rules are foreseen.

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].

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  • SpainSpain

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