Introduction
The Spanish authorities are changing the criteria regarding the documents employers use to prove the social security coverage for Intra-Company Transferee (ICT) permit applicants. This applies only for those foreign nationals coming from countries which hold a bilateral social security agreement with Spain. In recent years, a Letter of Commitment was accepted on an exceptional basis due to delays in obtaining the required Social Security Certificate of Coverage. Going forwards, for ICT applications, the Certificate of Coverage proving social security coverage in their country of origin must be included.
Impact:
Medium
What has changed?
Obtaining a Certificate of Coverage for social security from home country authorities can take a long time in some countries. The Spanish authorities were aware of these delays and so accepted that ICT applications could be submitted without the Certificate of Coverage and instead include a “Letter of Commitment” on the part of the receiving company. The letter promised to register the employee with the Spanish Social Security, if the Certificate of Coverage had not yet been issued by the time of their arrival in Spain. However, the change in practice means that the Certificate of Coverage must now be included with the application.
Who is affected?
The change to the Certificate of Coverage requirement will apply to all ICT permit applications for individuals coming from a country with a bilateral social security agreement with Spain.
What to expect/impact?
Due to the length of time it can take to obtain this document from certain governments, there may be significant delays to the application process and relocation timeframes. In some countries it can take 3 - 6 months to obtain the document. Employers should factor this into their planning for upcoming assignments with nationals requiring the Certificate of Coverage. Furthermore, inability to provide the Certificate of Coverage upon request may lead to the rejection of ICT permit applications.
What you need to do:
For further information on the ICT permit application process for Spain, please contact the Sterling Lexicon immigration team at immigration@sterlinglexicon.com.
Leanne Cottrell
As Head of Immigration with Sterling Lexicon, Leanne leads a team of specialists who are responsible for ensuring the entire immigration process is smooth and stress-free for clients, assignees and their accompanying family members. She brings over fifteen years of experience in strategic immigration management, planning and consultation to her role, and has cultivated invaluable knowledge and experience in processing countless global migration applications. As a trusted partner, she consults with clients on everything from policy considerations and cost or efficiency improvements, to the impact of opening offices in new locations. Leanne is a frequent presenter and author on global immigration topics and trends, and currently serves as a member of the Worldwide ERC (WERC) Immigration Advisory Council.
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