Vander Elst Visa: Deploy Professionals Across the EU Without Duplicating Permits

Do you want to move non-EU professionals freely within the European Union? The Vander Elst visa is the legal solution that allows you to do so with agility, security, and regulatory compliance.

Where is the Vander Elst visa regulated?

The first thing to keep in mind is that Spanish regulations do not specifically mention a visa called Vander Elst. Instead, in Spain it is referred to as a visa for transnational service provision, regulated by Law 45/1999 of 29 November.

Nevertheless, we will use the term Vander Elst visa in this article as it is a commonly accepted designation in European legal contexts, clearly identifying the regime applicable to the temporary posting of non-EU workers within the EU.

What is the Vander Elst visa and why is it so relevant?

In an increasingly international business environment, talent mobility is key. The Vander Elst visa allows non-European Economic Area workers who already hold a residence and work permit in another EU member state to be posted to provide temporary services in a different EU country without needing to apply for a new work permit.

This legal regime, in force since 1994 thanks to a ruling by the Court of Justice of the European Union (Case C-43/93), is based on the principle of the free provision of services within the EU. It is another step forward in removing barriers to professional mobility.

What makes the Vander Elst visa unique?

This permit stands out for its administrative simplicity. If the professional already holds a valid permit in one member state, they can be posted, for example to Spain, without needing to duplicate procedures.

However, while a new work permit is not required, a temporary residence permit must still be processed for the duration of the posting.

Who can apply for the Vander Elst visa?

Citizens who meet the following conditions are eligible to apply for the Vander Elst visa:

• Those legally residing in the EU member state where their employer is established.
• Those legally employed by the employer in the country of origin;

• Those posted to another EU country to provide services on behalf of their employer under a service agreement between two companies based in different member states.

It is important to note that the employment relationship with the original company must be maintained throughout the posting.

Is it mandatory to notify the posting?

Article 5 of Law 45/1999 requires the employer to notify the posting of workers to Spain before it begins, regardless of its duration. The notification must be submitted electronically to the competent Spanish labour authority in the area where the services will be provided.

The Vander Elst visa in the new Spanish Immigration Regulation

The new Immigration Regulation, in force since 20 May 2025, expressly incorporates the regime for transnational service provision. This regulatory update acknowledges the right of non-EU professionals with legal residence in another member state to work temporarily in Spain without needing a work permit.

This change improves processing times, provides legal certainty, and facilitates the attraction of international talent.

Which sectors benefit most from the Vander Elst regime?

The Vander Elst visa is particularly useful in sectors where agile talent mobility is essential:

• Technology and business consulting
• Industrial maintenance and technical installations
• Corporate training and coaching
• Financial or technical audits

✅​ The Vander Elst visa offers a practical, legal, and effective solution for companies to deploy non-EU professionals within the EU.

Are you planning to move talent to Spain or another EU country? This regime could be your best ally. Check out our immigration services and discover how we can help you boost your international project.