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SPAIN – Stricter salary criteria for highly-qualified workers under the Entrepreneur’s Act

Effective immediately, the Spanish authorities appear to be requiring a higher minimum salary for residence authorisations for highly-qualified workers under the Entrepreneur’s Act (14/2013).

Immigration consultants in Spain have noticed that applications with salaries higher than EUR 30,000, which would previously have been accepted, are being rejected on the grounds that the salary does not correspond to a position requiring a higher qualification.

The Entrepreneur’s Act does not specify the required salary, and the only reference in Spanish legislation to the salary of highly-qualified workers is in respect to the EU Blue Card process. Therefore, it is recommended that highly-qualified workers under the Entrepreneur’s Act meet the Blue Card salary criteria of 1.5 times the average salary for the specific job category and company activity, besides meeting any minimum salary according to any applicable collective agreement.

Action Items

  • Employers hiring highly-qualified workers under the Entrepreneurs Act should consult an immigration specialist for case-specific advice on how to meet the unannounced new salary criteria.

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.