Regarding foreign talent, the new law incorporates a set of immigration measures to facilitate entry and residence not only for highly qualified professionals but also for entrepreneurship and investment.

Law 14/2013, of September 27, 2013, to support entrepreneurs and their internationalization, is modified as follows:

1. The visa referred to the teleworkers of international character is incorporated.

2. Regarding the general requirements for the stay or residence, it is indicated that a certificate of criminal record in Spain and in the countries where he/she has resided during the last two years, for crimes provided for in the Spanish legal system, must be provided. Additionally, a responsible declaration of the non-existence of criminal records for the last five years must be submitted.

3.The chapter relating to entrepreneurs and business activity is modified, and it is indicated that foreigners who request to enter Spain or who, being holders of a residence or stay authorization or visa, intend to initiate, develop or direct an economic activity as an entrepreneur, may be provided with a residence authorization for business activity, which will be valid throughout the national territory and will be valid for three years. Once this period has expired, they may request the renewal of the residence authorization for two years, and may obtain permanent residence after five years. The application will be made by the interested party or through its legal representative and electronically to the Unit of Large Companies and Strategic Groups. In the event that the foreigner is outside Spain, the application for authorization and visa will be made simultaneously through a single request that will initiate the processing of authorization and visa consecutively.

4. The initial authorization of residence for investors is modified, which will have a duration of three years.

5. Likewise, the residence authorization for highly qualified professionals will be for three years or equal to the duration of the contract, in case it is shorter. Once this period has expired, the renewal of the residence authorization may be requested for two years, and permanent residence may be obtained after five years. Likewise, the period of validity of the national residence authorization for intra-company transfer will be three years or equal to the duration of the transfer.

6. In addition, the period of validity of the residence authorization for research shall be three years or equal to the duration of the hosting agreement or contract, if shorter. Once this period has expired, he/she may request the renewal of the residence authorization for two years, being able to obtain permanent residence after five years.

7. A new section is introduced, regarding the authorization procedure, where it is indicated that the passport will be a sufficient supporting document to register with the Social Security during the first six months of residence or stay in the categories regulated by this section and in those cases in which the foreigner is not in possession of a foreigner identification number (NIE), without prejudice to the subsequent application for the NIE.
8. The section relating to the visa for studies, job search and internships is modified and it is worded as follows: “Once the studies have been completed in an institution of higher education, foreigners who have reached at least Level 6 according to the European Qualifications Framework, corresponding to the degree accreditation may remain in Spain for a maximum non-extendable period of twenty-four months in order to look for a suitable job in relation to the level of the studies completed or to undertake a business project.

9. The period of validity of the residence authorization for internships is also modified, which will be of twelve months or equal to the duration of the internship agreement, if shorter. This authorization may be renewed only once, and the total period of the initial authorization and its extension may not exceed two years. In the case of an internship contract, the duration will be the duration foreseen in the contract and governed by the labor legislation applicable at any given time.

If you need more information about the novelties of the immigration law 28/2022, do not hesitate to contact us. Our experts will advise you and inform you about the novelties.