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SPAIN – Higher Risk of Denial of Residence Authorisation Application

The Spanish authorities are currently adopting much more restrictive criteria to decide applications for residence permits for Highly Qualified Employees under the “Entrepreneurs’ Act” (Ley 14/2013).

Strict Qualifying Criteria

There is at present a higher risk of denial of such applications if the following qualifying criteria are not fully met:

  • The job position offered must require high qualifications – the position listed in the employment contract must correspond with a position listed in Spain's "Catalogo Nacional de Ocupaciones" (CNO) group 1 or 2;
  • The gross annual salary must be at least €30,000;
  • The employee must be highly qualified in an occupation relevant to the job position – a graduate or postgraduate or, exceptionally, someone with a similar background acquired through experience.

Action Items

  • Employers hiring highly skilled foreign nationals in Spain under the Entrepreneurs’ Act should ensure the employee and the job position fully meet the criteria for “highly qualified” residence authorisation.

This news alert was prepared using information provided by Sagardoy Abogados.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2021 Peregrine Immigration Management Ltd.