- within Immigration topic(s)
- with readers working within the Accounting & Consultancy and Basic Industries industries
In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York) and Patty Shapiro (San Diego) discuss Spain's new Royal Decree 1155/2024, which clarifies when non-European Union (EU) nationals holding a valid work permit in another EU member state can perform short-term, project-based work in Spain without securing a separate Spanish permit. The speakers explain the criteria for posted workers, outline the visa and residence requirements for assignments lasting up to 180 days, and offer practical takeaways for global employers managing cross-border deployments.
Transcript
Announcer: Welcome to the Ogletree Deakins podcast, where we provide listeners with brief discussions about important workplace legal issues. Our podcasts are for informational purposes only and should not be construed as legal advice. You can subscribe through your favorite podcast service. Please consider rating this podcast so we can get your feedback and improve our programs. Please enjoy the podcast.
Shirin Aboujawde: Welcome to Cross-Border Catch-Up, the podcast for global employers who want to stay in the know about cutting-edge employment issues worldwide. I'm Shirin Aboujawde, and I'm here with my colleague, Patty Shapiro. We are cross-border attorneys here at Ogletree, and today we're focusing on Spain's updated immigration regulation, Royal Decree 1155/2024, which took effect in May of this year. This regulation addresses a longstanding question: can a non-EU national with a valid work permit in another EU country travel to and work in Spain without obtaining a separate Spanish work permit? Patty, let's start with the basics. What does this regulation actually do?
Patty Shapiro: So, in short, it clarifies that in some cases, a non-EU national who holds a valid work permit in another EU country can travel to and work in Spain without a Spanish work permit, so long as they meet certain conditions. The change is aimed at employees whose work in Spain is, by nature, temporary or project-based and not intended to establish Spain as their long-term work location. The regulation essentially codifies an existing practice for short-term cross-border assignments that were previously handled on a case-by-case basis.
Shirin Aboujawde: There's a specific condition around being a posted worker, right?
Patty Shapiro: That's right. The exemption from a Spanish work permit applies only if the individual qualifies as a posted worker under Spain's Law 45/1999, which implements the EU Posted Workers Directive. The new regulation explicitly ties this Spain work permit exemption to the transnational provision of services framework. So, it's not just about having an EU work permit. It's also about the purpose of the assignment in Spain.
Shirin Aboujawde: Okay. So, maybe you could just break down what it means to be a posted worker under Spanish law, because we hear about it all the time based on the EU directive. But what does it mean in Spain?
Patty Shapiro: Sure. A posted worker in this context is someone sent to Spain temporarily as part of a cross-border provision of services. There are two common scenarios under the law. The first is when a company posts an employee to perform services for a client in Spain based on a contract for services between the home company and a Spanish entity, a Spanish client. And second is when the employee is sent to work for another company within the same company group as defined by Spain law. But that generally means that there is a controlling or controlled relationship between the two entities. In both cases, the assignment must be temporary, and the individual must remain under the direction and control of the original employer.
Shirin Aboujawde: Okay. So, assuming the posted worker criteria is met, how does the regulation apply in practice, then?
Patty Shapiro: The exact requirements depend on how long the employee will be in Spain. But for 1 to 90 days, the individual just needs what's called a short-term stay visa. If the trip or assignment is between 91 and 180 days, then the individual needs both the short-term stay visa and what's called a temporary residence permit with an exception from a work permit. Anything longer than 180 days falls outside of the scope of this regulation. In those cases, Spain's standard immigration law regarding the work permit process would continue to apply.
Shirin Aboujawde: And where are these applications submitted?
Patty Shapiro: For most cases, the Spanish consular office in the EU country where the individual resides, meaning where their current EU work permit is issued, will handle the applications. The temporary residence permit can also be applied for in Spain at the immigration office. So, there's some flexibility depending on where the individual is and the nature of the assignment.
Shirin Aboujawde: Okay. So, to summarize, this isn't a broad exemption for anyone with an EU work permit, right?
Patty Shapiro: Correct. The regulation is very limited in scope. It applies only to posted workers in the context of a transnational provision of services and only for stays of up to 180 days. To qualify, the individual must, one, already have a valid work authorization in another EU country, and two, be traveling to Spain as part of a service relationship with a Spanish customer or to a related company within the same corporate group as defined under Spanish law.
Shirin Aboujawde: Thanks so much, Patty, for helping us unpack this. Spain's updated regulation doesn't really reinvent the wheel, does it? But it does bring some welcome clarity for employers navigating short-term cross-border assignments within the EU. Thank you for joining us for today's Cross-Border Catch-Up. Follow us to stay in the know about cutting-edge employment issues worldwide.
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