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The highly qualified visa allows you to obtain residence authorization in Spain when performing a job that requires high demonstrable professional training. Either based on your studies or proven experience of more than three years in a similar position or of a similar category. In other words, you have to gather a series of knowledge and skills valued precisely because of their scarcity, which means that the national employment situation in Spain is not taken into account. In addition, you can acquire the so-called blue card for highly qualified personnel valid throughout the EU. In short, to apply for this residence you must have a profile that is difficult to find, but at the same time highly demanded. In many cases, this type of residence means the end of the job search permit .
In short, As its name indicates and is made clear in the Explanatory Memorandum and in the content of Law 14/2013, its objective is to cover the growing demand for technical and specialized workers, as the national supply is insufficient. Consequently, training and/or creditable experience in the sector are key factors. For practical purposes, a minimum university degree is required, level 6 of the European Qualifications Framework, hereinafter, master’s or doctorate, or reliably demonstrate 3 years of proven and verifiable experience in the area and professional group in which the contract is made.
As we can see, the requirements regarding the academic and/or professional level for highly qualified professionals are strict, without forgetting those of a common nature such as the lack of a criminal record, but at the same time, the Highly Qualified visa also has interesting advantages. For example, unlike other types of visas, it can be applied for in Spain as well as in the country of origin. In other words, whenever you are in a legal situation in Spain, you can request it, both as a tourist and as a resident. Despite the fact that the offices, located in the capital of Madrid, of the Large Companies Unit or CGU centralize the processing of the highly qualified residence permit, it is also possible to present it electronically with a digital certificate.
Its maximum extension is 2 years but in any case it is directly linked to the duration of the contract. Therefore, the role of the company is fundamental in the processing of this type of residence permit. A great advantage is the speed of its resolution, attending to the needs of the company to facilitate the rapid incorporation of workers and is that there is positive silence after twenty business days without express resolution. Another of its advantages is the ease it provides to long-term residence or for certain nationalities to the acquisition of Spanish nationality. Likewise, the fact that their salary is high allows the reunification of a highly qualified family member.
The salary of highly qualified workers is one of the key elements in this process. Since it must be consistent with their functions and responsibilities, high salaries are treated. Its determination depends on whether it fits into Group 1 or 2 of the SISPE Table. Specifically, its amount is €40,077 for technicians and €54,142 for managerial positions. Due to the high amounts, not many companies are able to assume these costs. For this reason, a reduction coefficient of 75% is established for such salaries in the event that the people hired are under 30 years of age. This amounts to €30,058 and €40,607 rounded up.
As the main drawback of the highly qualified professional procedure, we can conclude that it is its total link to the company. She is the one who holds the leading role not only for determining the duration of the contract but also because she is in charge of addressing the CGU. Consequently, the dismissal or termination of the employment relationship implies the termination of the reason for residence. This means that the former employee must look for a job with similar conditions or change the card, in the same way in case of resignation by her part, the fact must be communicated to the CGU.
In short, highly qualified professional procedures represent a particular situation within immigration legislation. The attraction of talent in all its forms is encouraged, as is intra- company mobility, helping to eliminate bureaucratic obstacles. With our B2B service both for large companies with a large volume of business and for incipient projects but of a technological nature or of general interest for the Spanish economy, according to criteria of job creation and innovation, we also serve companies that try to face the challenges that are proposed that involve the hiring of highly qualified personnel.
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