According to EU-regulations concerning the free movement of services, companies based in a member state of the EU may send employees into other EU-member states in order to render services without having to acquire a working permit. Please note that transfers between branches of a company are not covered by this exception, in this case we should apply for an intracompany transfer permit (national or ICT).
To qualify under Vander Elst in Spain, the employee must have a previous employment contract with the company in the sending state in the European Union and must have a valid permit to work and stay in that country. The employee must also be covered under the Social security of the member state where he or she is employed. The work assignment in Spain should be temporary, and the Spanish provisions regarding posted workers should be met by the sending company.
If the posting in Spain will last more than 90 days, the third-country employee should request a residence visa at the nearest Spanish Consulate. The requirements can vary and the consular officers cannot be aware of this type of procedure.
Please contact us for further information on the Van Der Elst Visa application or the ICT work permit for Spain.