CONVINUS Global Mobility
CONVINUS Global Mobility Insights - Winter 2024 / 2025To illustrate the changes, here's a comparative overview of the Vander Elst WorkPermit Exemption requirements under the 2008 Instruction and the new SpanishRegulation:ConclusionInstead of relying on general principles and jurisprudence, the Van der Elstqualifying criteria and procedure should have been clearly established throughsecondary EU legislation years ago.Failing to do this, EU/Schengen Member states continue to impose additionalrequirements, thereby, restricting the Freedom to Provide Services within the EU.38
CONVINUS Global Mobility Insights - Winter 2024 / 2025Indeed, as it stands, the legal framework of the standard work permit exemptionsin Spain does not comply with Vander Elst Case Law. While the new SpanishImmigration Regulation (Royal Decree 1155/2024) slightly reduces processing timesand application in-country is now possible for over three months, it remainsinsufficient. We would still need to engage with Consulates and local immigrationoffices to get the necessary residence authorisation granted.Further clarification is needed particularly regarding assignments lasting up to 90days within any 180-day period. Without such clarification, the new legislationimplies that all third-country nationals, including those legally employed andresiding in the EU/EEA/Switzerland, must obtain a prior Schengen visa for theVander Elst work permit exemption to be recognised.We hope these new provisions can be clarified by the General ImmigrationDepartment before the entry into force in May 2025. In the meantime, we stronglyrecommend any EU/EEA/Swiss service providers who wish to continue benefitingfrom the Vander Elst work permit exemption for their employees, stay informedand keep in touch should they need to provide services in Spain in the comingmonths.Contact:Salas Immigration Consulting LtdMs Raquel Gómez SalasUnited Kingdom+44 7909 047839rgs@salasimmigration.co.uksalasimmigration.co.uk39
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