THE RESIDENCE AUTHORIZATION FOR RESEARCHERS IS A PERMIT THAT CAN BE APPLIED FOR BY PRIVATE OR PUBLIC COMPANIES WISHING TO HIRE FOREIGNERS FROM OUTSIDE THE EUROPEAN UNION TO CARRY OUT TRAINING OR R&D&I ACTIVITIES IN SPAIN.
At the time of application, the foreigner may be abroad or in Spain legally. If the foreigner is abroad, once the company has obtained the residence authorization, he/she must apply for the corresponding visa at the Spanish Consulate.
Therefore, a foreign researcher whose only or main purpose in Spain is to carry out research projects, within the framework of a hosting agreement signed with a research organization, will be considered to have temporary residence and work for research purposes.
A research organization shall be understood to be any natural or legal person, public or private, with a main or secondary establishment in Spain, which carries out research and technological development activities and has been authorized to sign hosting agreements.
This type of temporary residence and work authorization enables foreigners residing outside Spain who have obtained the corresponding research visa to carry out a research project within the framework of a hosting agreement signed with a research organization that has been authorized for this purpose.
It will not be necessary to obtain a research visa in cases of exercise of the right to mobility by a foreign researcher after having commenced research in another Member State of the European Union. Therefore, any foreign researcher who has been admitted as such in a Member State of the European Union may continue, in Spain, the development of the initial research project there, for a period of up to three months.
What are the advantages of the residence permit for researchers?
The advantages of the residence permit for researchers are as follows:
- Single authorisation to reside and work valid for the whole national territory, including family members if they meet the age foreseen in the labour regulations.
- The National Employment Situation does not apply.
- Freedom of movement within the Schengen states.
- Fast processing: visas resolved and notified in 10 working days and residence authorisations resolved in 20 days, possibility of carrying out the procedures through a representative.
- Joint processing for family members.
- The application for the residence permit will extend the validity of the foreigner’s residence or stay in Spain until the procedure is resolved.
- Procedure for residence authorisation centralised in the Large Companies and Strategic Groups Unit.
What are the requirements for the residence permit for researchers?
The requirements for obtaining the residence autorization for researchers are as follows:
- Not to be in Spanish territory illegally.
- Be over 18 years of age.
- Not have a criminal record in Spain or in the countries where they have resided during the last five years, for offences under Spanish law.
- Not to be refused entry in the territorial space of countries with which Spain has signed an agreement to this effect.
- Have public insurance or private health insurance arranged with an insurance company authorised to operate in Spain.
- Have sufficient financial resources for themselves and their family members during their period of residence in Spain.
- Pay the fee for processing the authorisation or visa.
- Private or public companies wishing to hire foreigners from outside the EU to carry out training or R&D&I activities in Spain may apply for a residence permit for researchers in the following cases:
- Research personnel referred to in Article 13 and the first additional provision of Law 14/2011, of 1 June, on Science, Technology and Innovation.
- Scientific and technical personnel carrying out scientific research, development and technological innovation work in business entities or R&D&I centres established in Spain.
- Researchers hosted within the framework of an agreement by public or private research bodies, under the conditions established by regulations.
- Lecturers hired by universities, higher education and research bodies or centres, or business schools established in Spain, in accordance with the criteria established by regulations.
Can the authorization be renewed?
Yes, for annual periods if the requirements for the initial concession are accredited, except for the visa requirement. The application period shall be 60 calendar days prior to expiry (and may also be accepted in the 90 days following expiry, without prejudice to the imposition of the corresponding fine).
Who must apply?
The university, business entity, R&D&I centre or research organisation or a duly accredited representative of such entities, such as Feliu N&I.
If you would like more information on how to obtain a residence permit for researchers, our advisors specialised in internationalisation will be happy to analyse your situation in a personalised way so that you can finally travel without restrictions.
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Expatriation and Impatriation Area
Author: Sheila Artigas, lawyer at Expatfeliu