The Regulations of the current Law on Foreigners, approved by Royal Decree 557/2011, included in its art. 178.2.d) that employers established in Spain, who require the incorporation in Spanish territory of foreign non-Community workers, may avail themselves of the procedure for obtaining the authorization of entry, residence and work in Spain of highly qualified technical or scientific personnel, whose coming has the purpose of carrying out research work or incorporation into development activities in R&D centers of recognized prestige or in research and development units of business entities established in Spain.
For this purpose, among other documents, and pursuant to art. 180.2.d) 1st of the aforementioned Regulation, the employer had to have a favorable report from the competent state or regional body, on that the conditions are met regarding the consideration of R+D+I centers of recognized prestige or of research and development units of business entities established in Spain. In the event that the report in question was requested from the competent state body, the Sub-Directorate General for the Promotion of Innovation was the competent governing body of the Ministry of Science, Innovation and Universities for the processing and proposal of the reference report, finally issued by the General Secretariat for Innovation.
However, the aforementioned articles are repealed by the Single Derogatory Provision b) of Law 11/2023, of 8 May, on the transposition of European Union directives in different matters. Thus, the reference procedure disappears with the aforementioned modification.
