Guide to temporary entry into Spain under CETA

This guide is for a Canadian businessperson temporarily travelling to Spain to do business. It provides general information about temporary entry and stay requirements for businesspeople under the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) and under Spanish law. This guide aims to facilitate the entry of Canadian businesspeople into Spain for the purposes of exploring, entering and expanding operations in the Spanish market. You will find relevant links and summaries of main steps for work permit and visa applications, including costs and lengths, for the categories of businesspeople covered in CETA.

Text of the Comprehensive Economic and Trade Agreement – Chapter 10: Temporary entry and stay of natural persons for business purposes

CETA entered into force provisionally in 2017, which means that Spain is bound by the Temporary Entry Chapter. However, there are still significant differences between CETA requirements and the national Spanish laws regulating temporary entry. As such, some of the paths for entry identified in this guide do not fully overlap with the categories of businesspeople covered in CETA.  

For any questions regarding Spain's temporary entry commitments under CETA, please contact: enquiry-demande.TE@international.gc.ca

Under CETA, a short-term business visitor is a Canadian traveling to Spain and for one of the following activities:  

• meeting and consultations
• research and design
• marketing research
• training seminars
• trade fairs and exhibitions
• sales
• purchasing
• after-sales or after-lease services
• commercial transactions
• tourism personnel
• translation and interpretation

The detailed list of activities can be found under Annex 10-D of CETA.

A short-term business visitor cannot:

• sell a good or service to the general public;
• receive payment from a source located in Spain;
• provide any other services to a consumer in Spain that is not listed under the activities of a business visitor.

Canadian short-term business visitors can stay in Spain for up to 90 days in a 180-day period.

Under CETA, an eligible short-term business visitor does not need a work permit but may need a visa.

Under Spanish law, Canadian short-term business visitors do not need a Schengen C visa to enter Spain. You are entitled to stay within any country of the Schengen area for up to 90 days in a 180-day period.

Canadian companies can also send non-Canadian nationals locally hired in Canada for short-term business travel in Spain. In this case, a Schengen C visa may be required, if the short-term business visitor is not a national of Canada or another a visa exempt country. They must file their application for Schengen C visas with the relevant Spanish Consulate/Embassy. The processing time is approximately 2 weeks.

• Schengen area
• Schengen calculator
• Schengen C visa exempt countries

Under Spanish law, short-term business visitors cannot have a main residence or be under the direct control of an entity in Spain.

No application process is required for the previously listed work permit exempted activities.

The business visitors for investment purposes category is covered under CETA, but does not exist under Spanish law. If you have encountered problems entering Spain as a business visitor for investment purposes, please contact enquiry-demande.TE@international.gc.ca.

Under CETA, a Canadian business visitor for investment purposes is a Canadian manager or specialist responsible for setting up an enterprise in Spain.

A Canadian business visitor for investment purposes cannot:

• work directly with the general public in Spain;
• receive compensation from a source located within Spain.

A Canadian business visitor for investment purposes can enter and stay in Spain for up to 90 days within a 180-day period.

Under CETA, a Canadian business visitor for investment purposes does not need a work permit.

Under Spanish law, Canadian business visitors for investment purposes do not need a Schengen C visa to enter Spain. You are entitled to stay within any country of the Schengen area for up to 90 days in a 180-day period.

Canadian companies can also send non-Canadian nationals locally hired in Canada for investment purposes in Spain. In this case, a Schengen C visa may be required, if the short-term business visitor is not a national of Canada or another a visa exempt country. They must file their application for Schengen C visas with the relevant Spanish Consulate/Embassy. The processing time is approximately 2 weeks.

For more information, consult the EU Immigration Portal for Spain.

Under CETA, an investor is a Canadian supervisor or executive, responsible for establishing, developing, or operating an investment that they or their employing enterprise have committed, or are committing, a substantial amount of capital to.

Under CETA, Canadian investors can stay in Spain for up to 12 months.

Under CETA, you may need a work permit and may need a visa.

Under Spanish law, the main admission program for investors in Spain is the Entrepreneurs’ Act.

The process for obtaining this permit consists of the following steps:

Step 1: Submission of the visa application by the applicant at the Spanish consulate (Spanish only). A representative can apply for the investor’s residence visa providing they have been designated by the investor for the management of a project of general interest

Step 2: Resolution of the visa application

Step 3: Collection of the visa by the applicant or their representative at the Spanish consulate where the application was submitted

Step 4: Entry in Spain

Step 5: Submission of the investor permit application (through an online platform) by a person authorized by the investor/representative

Step 6: Resolution of the application

Step 7: Submission of the residence card application (Spanish only) and collection of the card by the investor/representative

The application cost for the work permit application is EUR 72.53. The application cost for the residence card application is EUR 15.92. The visa application varies on a case-by-case basis as it will depend on the consulate where the application is submitted and the applicable local currency.

Typically, decisions are made within 10 days from the receipt of an application, but this period may be extended if an interview or additional documents are required.

For more information about the visa application process and eligibility conditions, consult the Ministry of Foreign Affairs, European Union and Cooperation investor visa webpage.

Please note: the contractual services supplier category is covered in CETA but does not exist under Spanish law. There are no specific work permit or visa options for a Canadian contractual services supplier seeking temporary entry into Spain. If you have encountered problems entering Spain as a contractual services supplier, please contact enquiry-demande.TE@international.gc.ca

Under CETA, a contractual services supplier is a Canadian service supplier employed by an enterprise in Canada with a contract to provide a service to a consumer in Spain in an eligible service sector. A list of eligible services sectors under CETA is found under CETA Annex 10-E, number 9.

A Canadian contractual service supplier must also:

• have provided services as an employee of the contracted Canadian enterprise for at least 1 year before the date of their application for entry into Spain;
• have a university degree or an equivalent qualification;
• have at least 3 years of professional experience since the age of 18 in the sector of the contracted activity;
• have any professional qualifications required to practice the activity according to the laws or requirements in Spain.

A Canadian contractual service supplier cannot get paid for their services during their stay in Spain other than what is paid to them by their Canadian employers.

The Canadian enterprise that employs a Canadian contractual service supplier cannot have any establishment in Spain.

Fulfillment of the contract must require the temporary presence of the Canadian contractual service supplier in Spain.

Under CETA, a Canadian contractual services supplier can stay in Spain for up to 12 months, or for the duration of the contract, whichever is less.

Under CETA, a Canadian contractual services supplier may need a work permit and a visa.

Under Spanish law, there is no specific work permit options for a Canadian contractual service supplier. However, a Canadian aiming to deliver services in Spain could use the National Intra-Corporate Transferee residence permit and visa.

The process for this authorisation consists of the following steps:

Step 1: Submission of the application through an (Spanish only), by a person authorized or by the Spanish sponsoring company;

Step 2: Resolution of the application;

Step 3: Submission of the visa application by the worker or their representative at the Spanish consulate having jurisdiction in the applicants place of legal residence;

Step 4: Resolution of the visa application;

Step 5: Collection of the visa by the worker or their representative at the Spanish consulate where the application was submitted;

Step 6: Entry in Spain and commencement of the employment activity;

Step 7: Submission of the and collection of the card by the worker.

The permit application will cost EUR 72.53. The residence card application costs EUR 15.92. The visa application’s cost will vary on a case-by-case basis as it will depend on the consulate where the application is submitted and the applicable local currency.

Typically, the Intra-Corporate Transferee Residence (ICT) permit is processed within 20 days. If there is no formal answer after 20 days, the application is considered to be accepted.

Consult the EU Immigration Portal on Spain for more information about the application process and eligibility conditions.

Please note: the independent professional category is covered in CETA but does not exist under Spanish law. There are no specific work permit or visa options for a Canadian independent professional seeking temporary entry into Spain.

Under CETA, an independent professional is a self-employed Canadian service supplier with a contract to supply a service to a consumer in Spain in an eligible sector. A list of eligible services sectors under CETA is found under CETA Annex 10-E, number 9.

A Canadian independent professional must also have:

• at least 6 years of professional experience in the sector of the contracted activity at the date of application of entry;
• a university degree or equivalent qualification;
• any professional qualifications required to practice the activity, according to the laws or requirements in Spain.

Other requirements:

• a Canadian independent professional must not have established an enterprise in Spain;
• fulfillment of the contract must require the temporary presence of the independent professional in Spain.

Under CETA, a Canadian independent professional can stay in Spain for up to 12 months, or for the duration of the contract, whichever is less.

Canadian independent professionals can also use the National Intra-Corporate Transferee permit and visa regulation (see section on contractual service suppliers). Canadian independent professionals do not have to set up a business in Spain if there is a contract in place with a client based in Spain.

The process for this authorisation consists of the following steps:

Step 1: Submission of the application through an online platform (Spanish only), by a person authorized or by the Spanish sponsoring company;

Step 2: Resolution of the application;

Step 3: Submission of the visa application by the worker or their representative at the Spanish consulate having jurisdiction in the applicants place of legal residence;

Step 4: Resolution of the visa application;

Step 5: Collection of the visa by the worker or their representative at the Spanish consulate where the application was submitted;

Step 6: Entry in Spain and commencement of the employment activity;

Step 7: Submission of the residence card application (Spanish only) and collection of the card by the worker.

The permit application will cost EUR 72.53. The residence card application costs EUR 15.92. The visa application’s cost will vary on a case-by-case basis as it will depend on the consulate where the application is submitted and the applicable local currency.

Typically, the ICT Residence permit is processed within 20 days. If there is no formal answer after 20 days, the application is considered to be accepted.

Consult the EU Immigration Portal on Spain for more information about the application process and eligibility conditions.

Under CETA, Canadian intra-corporate transferees are senior personnel, specialists, or graduate trainees at a Canadian enterprise who are being temporarily transferred to a subsidiary, branch, or head company of the Canadian enterprise in Spain.

Senior personnel are Canadian businesspeople in a senior position within an enterprise who:

• primarily direct the management of the enterprise or a department or sub-division of the enterprise;
• make a wide range of decisions, including recruitment, promotions, and dismissals;
• receive only general supervision or direction principally from higher-level executives, the board of directors, or stockholders of the business or their equivalent or supervise and control the work of other supervisory, professional, or managerial employees and exercise discretionary authority over day-to-day operations.

Specialists are Canadian businesspeople who have:

• uncommon knowledge of the enterprise's products or services and its application in international markets, or
• an advanced level of expertise or knowledge of the enterprise's processes and procedures such as its production, research equipment, techniques, or management

In assessing such expertise or knowledge, Spain's officials will consider abilities that are unusual and different from those generally found in a particular industry and that cannot be easily transferred to another businessperson in the short-term. These abilities are obtained through specific academic qualifications or extensive experience with the enterprise.

Graduate trainees are Canadian businesspeople who:

• have a university degree;
• are being temporarily transferred to an enterprise in Spain for career development purposes, or to obtain training in business techniques or methods.

Canadian companies can transfer highly skilled managers, specialists and graduate trainees to an entity in Spain belonging to the same group by obtaining an EU Intra-Corporate Transferees residence permit for their employees. This permit also grants the employees the right to work at a client site as well.

Under CETA, Canadian senior personnel and specialists can stay in Spain for whichever is shorter, 3 years or the length of the contract, with a possible extension of up to 18 months at the discretion of Spain’s officials.

Canadian graduate trainees can stay in Spain for whichever is shorter, 1 year or the length of the contract.

Under CETA, you may need a work permit and a visa. Under Spanish law, the main route for intra-corporate transferees to Spain is the Intra-Corporate Transferee Residence Permit. This scheme is available to Canadians placed on a local Spanish employment contract or on a long-term assignment to Spain.

Step 1: Submission of the application through an online platform (Spanish only), by a person authorized or by the Spanish sponsoring company

Step 2: Resolution of the application

Step 3: Submission of the visa application by the worker or their representative at the Spanish consulate having jurisdiction in the applicants place of legal residence

Step 4: Resolution of the visa application

Step 5: Collection of the visa by the worker or their representative at the Spanish consulate where the application was submitted

Step 6: Entry in Spain and commencement of the employment activity

Step 7: Submission of the residence card application (Spanish only) and collection of the card by the worker

The permit application costs EUR 72.53. The residence card application costs EUR 15.92. The visa application will vary on a case-by-case basis as it will depend on the consulate where the application is submitted and the applicable local currency.

Typically, the ICT Residence permit is processed within 20 days. If there is no formal answer after 20 days, the application is accepted.

Consult the EU Immigration Portal on Spain for more information about the application process and eligibility conditions.

Entry into Spain for Canadian business people not belonging to any of the categories covered under the CETA is subject to Spain's acts and regulations governing entry and stay.

To explore other paths for entry into Spain, please consult Spain’s official migration portal (Spanish only).

 Disclaimer: The information contained herein is current as of July 2023 (national immigration legislations may change, sometimes at short notice). It is offered for informational purposes only and does not constitute general legal advice. The information: (i) must be regarded as a practical guide for general information and not a process guide for determining the specific immigration requirements of the countries covered, (ii) should not be a substitute for a more in-depth analysis of applicable facts and circumstances (including, without limitation, criminal or health-related circumstances) conducted by competent professionals, (iii) indicated processing times and fees herein are approximate, are subject to the specific case circumstances, and  change. The information herein does not guarantee the outcome or approval of any particular immigration application.