The Dirección General de Gestión Migratoria (General Directorate for Migration Management (DGGM)) has issued Instruction 2/2025, clarifying one of the most relevant and frequently asked aspects regarding residence permits under Law 14/2013 on support for entrepreneurs and their internationalization: their duration.
⏺️ Who is affected by this new guidances?
This guidance applies to non-EU nationals applying for a residence permit in Spain under the following specific categories regulated by Law 14/2013:
- Entrepreneurs
- Highly qualified professionals (HQP)
- Researchers
- Intra-corporate transferees (ICT)
- International remote workers (digital nomad visa)
These permits fall outside the general immigration framework (LOEx and RLOEx) and are instead governed by a special regime, meaning the general restrictions on duration do not apply to them.
⏺️ What does the new guidance say about permit duration?
The guidelines establishes that residence permits cannot be granted for less than 90 calendar days, provided that Law 14/2013 allows for it and in line with the following specific rules by category:
- Entrepreneurs: fixed validity of three years (Art. 69.1)
- Highly qualified professionals: duration of the employment contract + 3 additional months if the contract is under 3 years, with a maximum of 3 years (Art. 71.3)
- Researchers: duration of the hosting agreement or employment contract, with a maximum of 3 years (Art. 72.3)
- ICT: duration linked to the transfer. Up to 3 years for executives or specialists and 1 year for trainees (Art. 73.3 and Directive 2014/66/EU)
- Digital nomads: duration requested, up to a maximum of 3 years (Art. 74 quinquies.3)
The DGGM also reiterates that relevant EU directives applicable to HQPs, researchers and ICT workers do not impose fixed limits, but instead tie the permit length to the duration of the activity.
⏺️ Why is this criterion important?
This update is particularly relevant for applicants, companies and sponsoring institutions, as it:
- Reinforces legal certainty around the permitted duration of residence permits under Law 14/2013
- Allows for flexibility to match the permit period with the actual length of the activity, always within the legal limits
- Confirms that these procedures are not subject to the restrictions of the general immigration regime
⏺️ Our experience and how we can help you
At ARC Legal, we advise international professionals, startups and digital nomads on obtaining residence permits under Spain’s Law 14/2013. Whether you are planning your move to Spain or already living here and need to renew your authorization, we can help you define the best strategy and guide you through the entire process.
If you have questions about your case or need tailored legal advice, don’t hesitate to reach out to us — we’ll be happy to help.
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Prefer to read this article in Spanish 🇪🇸? Puedes encontrarlo aquí: Criterio 2/2025 sobre duración autorizaciones Ley de Emprendedores
The content of this article is for informational purposes only and does not constitute legal advice. Immigration law is subject to continuous interpretative and administrative changes. At ARC Legal we strive to provide up-to-date and verified information based on official sources, but we always recommend consulting with a qualified professional before starting any application or making legal decisions. If you need personalised advice, feel free to contact our firm.