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preneurs to set up a business in Spain, provided that
Spanish authorities first issue a report approving the
activity based on its potential economic benefit for
the country. Under certain circumstances, the visa
may lead to a resident permit in Spain when the business activity has effectively begun.
The bill facilitates the transfer of highly-skilled
personnel among companies belonging to the same
group of companies (to be defined) more easily than
the existing, more rigid immigration regulations do.
Currently, there is a fast-track procedure for the
managerial or high-skilled personnel of companies
to obtain work permits, depending on the number
of employees in Spain, the amount of investment in
Spain, or net turnover. But the bill is more flexible
with respect to the conditions companies must meet
to access the fast-track procedure to obtain work per-
mits. For example, the bill establishes fast-track work
permit processing for companies or groups of companies with at least 250 employees. (Currently, companies with more than 500 employees have access to
The bill advances the government's goal of attracting foreign talent to Spain and stimulating necessary
foreign investment there. We will have to stand by
and await the final law to determine if the proposed
measures come to fruition.
Pamela Mafuz has more than 20 years of experience
in corporate immigration law matters and Spanish nationality law. She is special counsel at Baker & McKenzie's Madrid office and leads the Global Immigration
and Mobility (GIM) Group, which she implemented
when she joined the firm in January 2000. Becki L.
Young co-manages the GIM Group in Baker & McKenzie's Washington, D.C. office. The authors' views do
not necessarily represent the views of AILA nor do they
constitute legal advice or representation.
S EPTEMBER/ O CTOBER 2013