Highly Skilled Professional Work Permit

By Lucia Lagunas Reyes | Published on 6 November 2023

Spain, with its rich and vibrant cultural heritage, coupled with a continuously expanding economy, has perennially lured aspiring migrants seeking international career prospects. Fortunately, Spain’s authorities provide two distinct visa pathways for those who aspire to pursue international careers within the country. These pathways include the Highly Qualified Professionals Visa and the Intra-Company Transfer Visa.

In this comprehensive guide, we will delve deeper into these visa options, providing you with essential insights into the required documentation and demystifying the legal aspects of these visas.

Visa for Highly Qualified Workers

Eligibility for the Highly Qualified Workers permit

The Highly Qualified Professionals Visa is a path for individuals who aspire to work in Spain as Highly qualified skilled Professionals, senior management personnel, or graduates from prestigious universities and business campuses. This visa set is only eligible for individuals with the above career qualifications.

This type of visa is generally designed to attract personnel with exceptional talent to Spain, thereby bolstering the nation’s economic development and growth and promoting International relations. Generally, the visa serves as a means to attract top-tier professionals who can contribute their expertise to the country’s continued advancement, making Spain an even more desirable destination for highly skilled personnel seeking to work at Spanish firms in various career opportunities.

Family Members Eligibility

The family members of the primary visa holder may also enjoy the privileges this visa. These members include:

• Spouse or unmarried partner – can apply for the visa, providing the required documents necessary for the application.
• Children are adults who are financially dependent on the worker and have not established their family unit.
• The relatives in the ascending line under the worker’s care – the older family members such as the worker’s elderly parents and grandparents who depend financially on the primary applicant.

Required Documents for the Highly Qualified Workers permit

Generally, a worker applying for the visa should meet various qualifications and provide some required documents, these include the following;

• National visa application form – the first process of applying for a High Qualified Workers Visa is completing and signing the national visa application form. Each applicant or their representative, must provide detailed information in the section.
• Photography – the authorities require an applicant to produce a recent colored passport-size photograph, which should be taken against a light background, with the applicant facing forward and no dark or reflective concealing garments.
• Valid passport – applicants must provide the original and the photocopy of the passport’s pages containing biometrics. Additionally, the passports must have a validity of not less than one year and should have at least two blank pages. Passports issued ten years ago will not be accepted.
• Residence permit – applicants must submit both the original and a copy of this residence permit. This document demonstrates that the applicant met all the necessary conditions to live and work in Spain. Additionally, the permit also indicates the duration that the applicant should stay and live in the country.
• Criminal Record Check Certificate – applicants of legal age must submit their criminal record check certificate issued by their countries. Moreover, applicants must provide a sworn statement affirming that they have not been convicted of any criminal offenses within the past five years. This declaration must not be older than six months. This requirement ensures that the visa applicant has maintained a clean legal record over a specified period, which is crucial in upholding the integrity of the visa application process.
• Proof of residence in the consular district – to prove where you live, you need to show that you legally reside within the area where the consulate is located. Additionally, if you’re not a permanent resident there, you can show you’re attending classes within the district. This ensures that the application aligns with your current location or educational commitments.
• Proof of representative’s identity and capacity – if the applicant’s visa application is submitted through a representative, a copy of the representative identity document or a copy of the representative passport and document affirming the representation must be provided. Additionally, the foreign document must be legalized, and if necessary, the document should be accompanied by an official translation into Spanish.
• Payment of the visa – when applying for the visa, an applicant must pay a certain amount of money; this fee is paid when submitting the visa application. This consular fee must be paid in local currency and later changed to the Spanish currencies. Additionally, to know the fees you must pay, go through the consular fee document, which contains the prices in force.

Required Documents for Family Members

For each family member to accompany the work to spin, the following documents must be submitted:

• All the documents specified for the worker, along with those specified in section 7, where applicable.
• Documents proving the family relationship with the work – this may include birth or marriage certificates issued by the civil registry or certificates of registration as an unmarried. it mandatory that all foreign documents must be legalized or apostilled and, if necessary, attached to a copy translated into Spanish.
• Adult children dependent on the worker- documents proving their financial dependence and civil status must be provided. Foreign documents must be legalized and accompanied by a copy translated into Spanish.
• In the case of relatives in the ascending line, all the document that proves the worker’s relationship to them and they prove that relatives depend on them must be provided. Additionally, all the documents must legalized and translated into Spanish.

High-Skilled Professional Work Permit Application Procedure.

The visa application process is thoughtfully structured to ensure a fair and efficient assessment of each applicant’s eligibility. Generally, an applicant must complete various forms, submit required documents, and attend interviews if necessary. Here are the steps followed when applying for the visa:

Visa Application and Submission Process

Generally, all visa applications are submitted in person; this is a mandatory procedure, and applicants should always observe it. Alternatively, the submission of the applications can be made by parents in case the applicants are minors or by engaging a duly accredited representative.

Correctly submitting these applications is of utmost importance; it marks the crucial beginning of the entire process. This step is the stage for a thorough and meticulous assessment of eligibility, making it essential to adhere to the correct procedures right from the start.

Submitting Visa Application at the Spain Visa Application Center

The Spain Visa Application Center is the designated facility where all visa applications are submitted. Generally, the facility serves as the initial point of contact for applicants. When the applicants submit their visa applications, they go through the first stages of processing.

The first processing stages at the facility are divided into three. Firstly, the submitted documents are verified. This process is purposely to ensure all the required documents have been submitted. The facility proceeds to the next step, where it checks if the application forms are correctly filled out, and lastly, the facility confirms if the visa fee has been paid as stated in the consular fee section.

Proof of the Receipt

After applicants take the vital step of submitting their visa applications, they receive a document of immense importance: the Proof of Receipt. This simple yet essential document serves as a guide throughout the assessment process. It empowers applicants to stay informed about the status of their visa application, providing a sense of security and transparency.

Additionally, this document acts as an assurance to applicants, ensuring the applicants are aware of the situation. It bridges the communication between the consular office and applicants, fostering trust and accountability. The Proof of Receipt embodies the commitment to keeping the applicant involved and well-informed throughout his visa process. Typically, Proof of Receipt is a procedure that contributes a lot to a smoother and more transparent application process.

Rectification, Ensuring Completeness and Accuracy of the Application

When navigating the visa application process, it is vital for both the consular office and the applicant to maintain a commitment to accuracy and completeness. Generally, after a preliminary review, the consular office may request additional documents or information to rectify any gaps or inaccurate information submitted. The step is typically pivotal in ensuring that the visa application adheres to all requirements.

Moreover, personal interviews may be requested, offering a more in-depth opportunity for the office to assess the applicant’s eligibility. These interviews establish a clear and accurate understanding of the applicant’s qualifications, further promoting fairness and rigor in the evaluation process.

The goal is to create a comprehensive application that aligns seamlessly with the regulations, which enhances the applicant’s odds of a successful outcome. In general, the rectification procedure represents a vital aspect of the visa journey, bringing applicants closer to their international career aspirations.

The Decision Period

Usually, the visa application process hinges on a well-defined decision period. This legal time frame is mostly ten days, commencing from the day of submission of the visa application. During these ten days, the consular office rigorously reviews the applicant’s submission to reach a well-informed decision.

The time it takes to decide on your visa application can vary. Typically, the duration can be changed due to certain factors. In cases where personal interviews or additional documentation are considered necessary to ensure a comprehensive evaluation, the decision duration process may take longer than expected. Moreover, this approach guarantees that every application receives the attention it warrants.

Collection of the Visa

After receiving a favorable decision on your visa application, the applicant or the authorized representative must collect the visa in person. The Consular Office will provide clear instructions on the retrieval of your documents, which include your passport and other original documents. This procedure ensures that you get your visa, original documents and other relate documents.

It is, therefore, essential to follow the guidelines and instructions given by the consular office. This ensures a smooth visa collection process.

Visa Refusal

In the event of visa refusal, applicants receive a written notification that serves as a guiding light through what might initially seem like a setback. Typically, the comprehensive feedback not only informs the applicants of the decision but also provides a detailed breakdown of the reasons for refusal. After going through and understanding these specific issues, applicants can rectify them if they decide to reapply.

Appeal of Visa Refusal

If the applicant’s visa application is rejected, they can request a reconsideration within one month of receiving the refusal notification. During this process, you may provide additional documentation or clarification to address any issue that contributed to the refusal.

Typically, if the reconsideration doesn’t lead to a favorable outcome, an applicant can apply for judicial review within two months through the court of Madrid. This involves a legal examination of the decisions and whether they are lawfully made. If the court finds the decision was incorrect or unlawful, it may overturn the refusal.

Visa Validity and Documentation Requirements

The Highly Qualified Professionals visa is valid for one year or the same duration granted as a residence permit. During this period, a foreigner identity card is not required but can be applied if desired. Additionally, all documents especially those in foreign languages should meet specific language requirements. Which include sworn translations by registered sworn translator–interpreters and validation of signatory signatures by legal authorities rather than notaries or solicitors.

Conclusion

Obtaining a highly qualified professional permit or Intra-company transfer visa in Spain is a well-structured process that leads to exciting career opportunities in a culturally rich country. By following this guide, you can embark on a successful journey to work and live in Spain, whether it has Highly Skilled or Intra-Company transfers.