Get ICT VISA through setting up your rep office in Spain

Get ICT VISA through setting up your rep office in Spain

Spain is an attractive destination for businesses seeking to expand into Europe. With its strategic location, thriving economy, and supportive business environment, it’s no wonder that global companies choose Spain as their gateway to European markets. Among the available pathways, setting up a representative office in Spain is one of the most effective ways to establish a presence and manage international operations. Moreover, this step can pave the way for obtaining an ICT (Intra-Company Transfer) VISA , enabling key employees to relocate and contribute to the business’s growth.

In this comprehensive guide, we’ll walk you through the process of establishing a representative office in Spain, explore its benefits and requirements, and explain how to secure an ICT Visa.

Setting Up a Representative Office in Spain

A representative office serves as a branch of your company in Spain, primarily handling non-commercial activities like market research, liaising with clients, and overseeing regional operations. Unlike a subsidiary, it doesn’t generate revenue directly but plays a pivotal role in facilitating expansion.

What are the steps to set up a representative office in Spain?

The steps to set up a rep office in Spain are mentioned below:

  1. Conduct Market Research: Before diving in, assess the Spanish market to identify opportunities, competitors, and customer demographics. This helps determine whether a representative office is the right step for your business.
  2. Legal Representation: Appoint a legal representative who will act on behalf of your company in Spain. This individual will handle formalities, including filing documents and obtaining necessary permits.
  3. Register with Spanish Authorities: Obtain a Tax Identification Number (NIF) for your company. Register with the Spanish Commercial Registry (Registro Mercantil).
  4. Set Up a Local Office: Secure a physical address for your office. It serves as your official location for correspondence and ensures compliance with Spanish regulations.
  5. Hire a Local Accountant or Consultant: Partnering with a local expert simplifies compliance with tax and employment laws. They can also assist in drafting employment contracts if needed.
  6. Notify the Social Security Administration: If you plan to hire staff, you’ll need to register with Spain’s Social Security system to manage employee benefits.

What are the benefits of opening a representative office in Spain

There are several benefits of opening a representative office in Spain are:

  1. Strategic Access to European Markets: Spain is part of the European Union, providing seamless access to a vast market of over 450 million consumers.
  2. Enhanced Brand Presence: Having a physical office boosts your credibility and visibility in the local market.
  3. Cost-Effective Expansion: A representative office is less expensive to establish and maintain than a full-fledged subsidiary.
  4. Simplified Administrative Procedures; Since a representative office doesn’t engage in direct commercial activities, the regulatory and tax obligations are often lighter.
  5. Eligibility for ICT Visa: Setting up a representative office makes your company eligible to apply for an ICT Visa, facilitating employee relocation.

What are the requirements to establish a Rep Office in Spain?

To establish a representative office, you must fulfill certain legal and regulatory requirements:

  1. Corporate Documents: You need a notarized and translated copy of your company’s registration certificate, articles of association or incorporation documents and board resolution for approving the establishment of the representative office.
  2. Proof of Office Address: A lease agreement or proof of ownership for your Spanish office space.
  3. Tax Identification Number (NIF): Obtain this through the Spanish Tax Agency.
  4. Bank Account: Open a corporate bank account in Spain to handle operational expenses.
  5. Legal Representative's ID: Provide identification and proof of residence for your appointed legal representative.

How to apply for an ICT VISA after setting up a rep office in Spain?

Once your representative office is operational, you can begin the process of applying for an ICT VISA. This visa is designed for intra-company transfers, allowing key personnel to relocate from your parent company to your Spanish branch.

What are the eligibility criteria for an ICT VISA?

  1. Existing Employment Relationship The employee must have worked for your company for at least three months prior to the transfer.
  2. Professional Role The role must be managerial, specialist, or involve essential skills.
  3. Employment Contract Provide proof of a valid contract with the parent company.
  4. Representative Office Operational Your Spanish office must be registered and fully functional.

What are the steps to apply for ICT VISA in Spain?

  1. Gather Documentation:

- Valid passport of the employee.

- Employment contract from the parent company.

- Proof of the employee’s qualifications or expertise.

- Registration certificate of the representative office in Spain.

- A business plan or description of the employee's role in Spain.

  • Submit the Application File the ICT Visa application through Spain’s consulate or embassy in the employee’s home country. The process can also be initiated via Spain’s Ministry of Labor and Social Economy.
  • Await Approval Processing times typically range from 2 to 8 weeks. Ensure all documents are complete to avoid delays.
  • Relocate to Spain Once the visa is approved, the employee can move to Spain and begin work.
  • Apply for a Residence Card Within 30 days of arriving in Spain, the employee must apply for a Foreigner Identity Card (TIE) at the local immigration office.

Conclusion

Setting up a representative office in Spain not only opens doors to the European market but also positions your company for global growth. Beyond these operational advantages, it facilitates employee mobility through the ICT VISA, enabling your team to be where they are most needed.

Whether you’re expanding your business or looking to relocate key personnel, the process requires careful planning and adherence to Spanish regulations. At OnDemand International , we specialize in helping businesses navigate these complexities, from setting up a representative office to securing ICT VISAs. Let us guide you through this transformative journey and unlock the full potential of your business in Spain.

Take the first step today—contact us to learn how we can help !

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