Highly Qualified Worker Visa Spain

The Spanish Highly Qualified Professional Visa or Highly Qualified Permit (HQP) allows qualified foreign nationals from outside the European Union to live and work in Spain. US nationals with job offers for technical or managerial roles in large companies or strategic small or medium businesses (SMBs) can apply for this visa.

The visa scheme is regulated by law 14/2013 regarding the support of highly qualified professionals and their internationalization. Since it is not regulated by general immigration law, all applications go through the UGE (Large Company and Strategic Sector Unit in Spain).

Anyone who fits the labor profiles for this work visa can apply. Some of the eligible labor profiles include:

• Managers and executives that oversee a large sector in a company.
• People with the training and skills for technical and specialized jobs.
• Non-EU citizens who have completed their higher education at a renowned university or business school.

This visa allows you to live and work in Spain for two years, with the option of renewal till you qualify for a permanent or long-term residency. Note that freelancers, entrepreneurs, or autónomos cannot apply for this visa.

It is also different from an EU Blue Card as it permits you to only work in Spain. An EU Blue Card permits you to work in other European countries. The application requirements for the visa, especially the salary requirements, are also different. EU Blue Card stipulates the employer pays 1 or 1.5 times the average gross annual salary of the EU country, while any salary of more than 50,000 euros per year qualifies for the HQP visa.

Page Contents

• Introduction to Highly Qualified Worker Visa in Spain
• Eligibility Criteria for the Highly Qualified Professional Visa Spain
• Documents Required for a Highly Qualified Work Permit in Spain
• How to Apply for a Highly Qualified Worker Visa Spain?
• Processing Times for Highly Qualified Professional Visa Spain
• Salary Requirements for a Highly Qualified Professional Visa
• Can I Renew my Highly Qualified Professional Work Permit
• What Happens If the Employer Associated with the HQP Permit is Changed
• How Can Total Law Help?
• Frequently Asked Questions

Not all companies are eligible to employ highly qualified professionals with this work permit. You will need to verify that your company meets the eligibility requirements.  Companies that qualify include:

• Large companies and strategic small and medium businesses
• Subsidiaries of a large group of companies
• Companies with an interest or investment in the Spanish economy

Note that your company size, location, or activities do not disqualify you from hiring graduates or postgraduates from universities or business schools with a highly qualified visa in Spain so long as you meet the eligibility requirements above.

Your potential employees will also have to meet certain criteria to get the HQP permit. Some of the qualifications include:

• Must be above 18 years old and is a non-European Union citizen. EU nationals do not need this permit.
• Must have a clean criminal record in Spain and any other previous country of residence.
• Must have full social security insurance from a private or public institution in Spain.
• Must not be living in Spain in an illegal or irregular situation.
• Must have completed a Master’s degree or Ph.D at a university or prestigious business school accepted by the UGE. The job must also be related to the studies.
• Must have a job offer that requires managerial skills or top-level skills.
• Must have a job offer that meets the salary requirements.

Once your company and potential employees can meet these requirements, you should not have any issues applying for the Spanish Highly Skilled visa.

You will need to have certain documents to apply for this work permit. The documents your business will have to put together to employ the foreign skilled workers include:

• Certification proving you are a large business, strategic SMB, or business with a project of general interest
• Copy of the work contract
• Job description
• Applicant’s professional resume and passport
• Applicant’s certification from the university or business school attended
• Proof of applicant’s work experience or skills
• Certifications of the relevant background checks of the applicant
• Applicant’s proof of sufficient funds

To apply for the Spanish Highly Qualified Worker visa, the employer must initiate the process. The application process starts with a formal letter of employment.

The employer then submits the visa application form along with the prospective employee’s job description and resume to the Large Business and Strategic Groups Unit (Unidad Grandes Empresas y Colectivos Estratégicos). This institution, which is a part of the General Direction of Migrations, will validate your position and approve the application.

The approval letter, which includes the Foreigner Identity Number (NIE), is sent to the prospective employee. Your prospective employee submits this letter to get their residence visa at the Spanish consulate in their country and apply for a TIE (Tarjeta de Identidad de Extranjero) once in Spain.

You can also apply for this permit for a prospective employee who is already in Spain as long as they are legally in Spain and have a valid visa or permit.

Your prospective employee should receive a decision within ten days from the time you applied. However, this could be longer if additional information is required from you or your US employee. You can always track the application once you have submitted all the required documents.

Once your employee gets notified of the approval, they must collect their visa within one month. The consulate officer will explain everything they need to know and the procedures to get their passport and documents back.

Depending on the job contract given to your prospective employee, you have to meet a specified salary range to get a Highly Skilled Professional visa. Your application can be rejected if the salary offered to the skilled professional does not match the required amount according to immigration law.

Job offers for managerial and executive positions must be up to €54,000 per year or more. For academic and scientific positions, the salary offer can be reduced to at least €40,000 per year. You should also note that the variable parts of the salary won’t be considered for the required amount.

Applicants under the age of 30 or working for SMEs in a strategic sector can apply for a 25% reduction coefficient of the required amount. You can also pay some of the salary in kind, but this part of the salary should account for at most 30% of the expected yearly salary amount.

The salary offered to your applicants must be clearly stated in your application. You can also check the industry average for the position before agreeing on a figure with your prospective employees. A fair salary will save you from the hassle of a rejected application.

Yes, you can renew your Highly Qualified Professional Work permit. Highly skilled workers who have worked in Spain for the duration of their contract can decide to renew their permit or explore other options.

If you decide to renew your permit, you are committing to continue working for the employer that granted you the initial permit.

Renewal of the permit can be done 60 days before its expiration or within 90 days of its expiration. However, it is better to do it prior as the UGE can sanction you for the card’s expiration. It is also essential that you have worked with the same company for which the authorization was initially given and in the same role.

The requirements for renewal of this permit are simple. Applicants must:

• Meet the same requirements that enabled the initial authorization. The UGE can use the SILCON platform to confirm that the applicants have continued to receive the minimum salary established at the authorization.
• Show proof that they are still in the same company under the same conditions, salary, and functions and that the company wishes to maintain the employment relationship.

If an HQP permit holder decides to leave your company or your company is part of a merger or acquisition, the UGE must be notified in accordance with the seventh additional provision of Law 14/2013 of September 27.

If your employee leaves your company, they will need to submit a new application to continue to possess an HQP permit. This new permit will be granted for two years, like any other new permit. The new permit will only be granted if the applicant meets all the requirements.

If your company undergoes a merger and your employee now works in a different company under the same corporate group, you will also need to submit a new application. However, the new permit will have the same validity period as the previous one. Upon expiry, the permit can be renewed.