The Highly Qualified Professional Permit in Spain, also known as the Highly Skilled Worker Permit, is designed for professionals or executives who will be taking up a specific role within a company.
This form of authorization is governed by Law 14/2013, of September 27, on support for entrepreneurs and their internationalization, commonly known as the “Entrepreneurship Law“.
Highly Qualified Professional Permit Application and Flexibility
One of the benefits of this authorization is the flexibility it offers regarding the applicant’s location. Whether the foreign citizen is in their home country or already in Spain, they can apply for the residence permit.
If the worker is outside of Spain, the application can be submitted at any time once all the necessary documents are gathered. Conversely, if the worker is already in Spain, it’s important to ensure they have legal status in the country, such as being within their permitted tourist stay, to correctly submit the application.
The authorized entity responsible for submitting the application is the hiring company or organization.
The Current State of National Employment or Situación Nacional de Empleo
Another significant advantage of this type of permit, regulated by the Entrepreneurship Law, is that the National Employment Situation is not taken into account.
Normally, when a company wants to hire a foreigner who is outside of Spain, it is necessary to respect the national employment situation. This means that the company itself must publish the job offer and the position it needs to fill, to check if there are individuals, both Spanish and legally resident foreigners, who can occupy this specific position.
Currently, overcoming this national employment situation in Spain and obtaining a negative certificate from the Public Employment Service indicating that there is no one in Spain who can fill this position is very challenging.
With this type of authorization, it is not necessary to overcome this national employment situation, which is a significant advantage.
UGE: Handling Nationwide Authorization Applications from Madrid
The authorization application must be submitted to the Unit for Large Enterprises and Strategic Collectives (UGE). This entity is located in Madrid but processes and manages applications from all of Spain.
Submitting Your Highly Qualified Professional Application
You have several options for submitting the application in this case:
- Online application: In this case, the company or organization that wants to hire the Highly Qualified Professional must have digital identification.
- Application through any Public Registry of the Subdelegation or Delegation of the Government.
- In person at the headquarters of the Unit for Large Enterprises and Strategic Collectives.
Among all these submission methods, the best is to apply online. Additionally, the UGE (Unit for Large Enterprises and Strategic Collectives) has its own application platform.
The Validity Period of the Highly Qualified Professional Permit
Another characteristic of this type of authorization is that it has a general validity of three years. We can easily renew it, provided that we have maintained our employment relationship.
Key Criteria for the Highly Qualified Professional Job Position
In order to obtain a Residence Authorization as a Highly Qualified Professional, it is essential to clearly demonstrate and define the specific job position that needs to be filled. Not just any position will suffice.
The evaluation of the position is done on an individual basis, taking into account factors such as education, professional competence, work experience, the job profile, and more.
Salary Guidelines for Highly Qualified Professionals”
Another characteristic of managing this permit is the salary set for the worker.
Taking into account the occupations in the National Occupation Code, the salary specified in the employment contract or job offer will be assessed as the annual average salary by occupation groups, using data from the National Institute of Statistics.
For directors and managers, a minimum salary of 54,142 euros is required, and for other technical and scientific professionals, it will be 40,077 euros.
| Occupation Type | Minimum Salary (Euros) |
|---|---|
| Directors and Managers | 54,142 |
| Other Technical and Scientific Roles | 40,077 |
Educational Requirements for Highly Qualified Professionals
A common misconception among those pursuing this process is that it needs a university degree for the worker. While it’s evident that this permit requires substantiated education and experience for the prospective employee you intend to hire, possessing a university degree is not obligatory.
To initiate this authorization process, you have two available pathways, contingent on the individual circumstances:
- Provide a university degree or higher education qualification.
- Provide documentation that proves the worker’s experience, which should be a minimum of three years.
Changing Employers with a Highly Qualified Professional Authorization
Is it permissible to switch employers when holding a Highly Qualified Professional Residence Authorization? Yes, it is possible to change employers once you possess this authorization. However, in the event of such a transition, it is crucial to inform the Unit for Large Enterprises and Strategic Collectives (UGE). This notification ensures that all the necessary criteria for maintaining the Residence Authorization as a Highly Qualified Professional are met once more.
