CAP LAW 14/2013
HIGHLY QUALIFIED PROFESSIONALS
Companies that intend to hire foreign executives.
PROFESSIONALS: The application for residence visas for the EXECUTIVE STAFF and the HIGHLY QUALIFIED PROFESSIONALS, will be processed under this new procedure as long as the company or group of companies seeking to hire them meets any of the following characteristics: The average workforce during the three months immediately prior to the submission of the application must be greater than 250 workers in Spain, registered in the corresponding Social Security regime. The volume of the annual net business figure exceeds, in Spain, 50 million euros; or volume of own funds or net worth greater, in Spain, than 43 million euros.
That the annual average gross investment, coming from abroad, is not less than 1 million euros in the three years immediately prior to the presentation of the application. Companies with a value of investment stock or position according to the latest data from the Registry of Foreign Investments of the Ministry of Economy and Competitiveness greater than 3 million euros. Belonging, in the case of medium and small companies established in Spain, to a sector considered strategic.
On the other hand, regarding those BUSINESS PROJECTS that suppose, alternatively and provided that the alleged condition based on this case is considered and accredited as being of general interest, when a significant increase in the creation of direct jobs by the company requesting the contract is considered. Job maintenance. A significant increase in the creation of jobs in the activity sector or geographical area in which the work activity is to be carried out. An extraordinary investment with a relevant socioeconomic impact in the geographical area in which the work activity will be carried out. The concurrence of reasons of interest for the trade and investment policy of Spain. A relevant contribution to scientific and/or technological innovation. Graduates, postgraduates from prestigious universities and business schools.
As a main characteristic of the type of authorizations or visas included in this new Law, it is important to highlight that those that include a work activity will not be conditioned by the NATIONAL EMPLOYMENT SITUATION.
*IMPORTANT NOTE:
During the processing of the procedure, the Spanish consular missions or offices may require any other document they deem appropriate, in order to justify the resolution that puts an end to it.
Foreigners must maintain the conditions that gave them access to them during the validity of the visas or authorizations.
The competent bodies of the General State Administration may carry out the checks they deem appropriate to verify compliance with current legislation.