How To Be A Digital-Nomad in Spain
As we’ve discussed in other news and videos, early in 2023, Spain published the well-known Startup Law, introducing a new telecommuting visa permit for Digital-Nomads in Spain. In this article we provide you with the key points of this new permit, allowing Non-EU workers to establish themselves in Spain to work remotely from Spain achieving residency in Spain.
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In this post we cover the following: (click any section to see its content)
How to become a Digital-Nomad in Spain:
- WHO CAN APPLY FOR THIS DIGITAL-NOMAD PERMIT IN SPAIN? »
- DO I NEED SPECIFIC QUALIFICATIONS? »
- CAN I APPLY FOR A DIGITAL-NOMAD PERMIT FROM SPAIN? »
- VISA FOR DIGITAL-NOMAD IN SPAIN »
- REQUIREMENTS FOR REMOTE-WORKING IN SPAIN »
- DURATION OF THE DIGITAL-NOMAD VISA IN SPAIN »
- CAN I WORK FOR SPANISH COMPANIES? »
- RENEWING THE AUTHORIZATION OF DIGITAL-NOMAD IN SPAIN »
- OBTAIN SPANISH NATIONALITY »
- TYPES OF RESIDENCY AVAILABLE IN SPAIN »
- FURTHER ADVICE »
WHO CAN APPLY FOR THIS DIGITAL-NOMAD PERMIT IN SPAIN:
The first question we would like to address is, who can apply for this teleworking permit in Spain.
Any non-EU citizen who can work remotely for non-Spanish companies, using exclusively computer, telematic, and communication systems, can apply.
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SPECIFIC QUALIFICATIONS:
Yes. The application form should demonstrate that you are a qualified professional. To do this, you can provide documentation proving that you have graduated or completed postgraduate studies from prestigious universities, received professional training from reputable institutions, or have at least 3 years of professional experience.
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APPLY FOR A DIGITAL-NOMAD PERMIT FROM SPAIN:
Yes you can submit the authorization request as an international worker to the Large Companies and Strategic Collectives Unit. However, keep in mind that you must always be within legal stay or residence in order to make the application from within Spain.
In short, if you are in Spain irregularly, you cannot apply for this permit from within Spain.
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VISA FOR DIGITAL-NOMAD IN SPAIN:
If you are currently in your home country or residing in another country outside of Spain, you can still apply for the Digital-Nomad Visa at the corresponding Spanish Consulate.
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REQUIREMENTS FOR REMOTE-WORKING IN SPAIN:
What requirements must I meet to obtain the Digital-Nomad permit in Spain?
- Not being illegal in Spanish territory.
- Being over 18 years old.
- Having no criminal record in Spain or in the countries where you have resided in the last two years for crimes under Spanish law. Additionally, you will submit a sworn statement of no criminal record for the last five years.
- Not being listed as not permitted to visit the territorial space of countries with which Spain has a relevant agreement.
- Having either public health insurance or private health insurance contracted with an authorized insurance company operating in Spain.
- Having sufficient financial resources for yourself and your family members during your period of residence in Spain which meet the minimum requirements for this visa.
In addition to these general requirements for any permit regulated in the Entrepreneur’s Law, to obtain this type of authorization/visa, you must also meet the following:
- The existence of real and continuous activity for at least 12-months by the company or group of companies with which the worker has a labour or professional relationship.
- Documentation proving that the labour or professional relationship can be carried out remotely.
- In the case of a labour relationship, proof of such relationship between the worker and the non-Spanish company for at least the last three months prior to the application, as well as documentation proving that the company allows the worker to work remotely.
In the case of a professional relationship, proof that the worker has a business relationship with one or more companies located outside Spain for at least the last three months, as well as documentation proving the terms and conditions under which the professional activity will be carried out remotely.
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DURATION OF THE DIGITAL-NOMAD VISA IN SPAIN:
This type of authorization generally lasts for three years and is valid throughout the national territory of Spain. After the expiry of this visa, it´s holder should either leave Spain or proceed to request some type of residency.
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WORK FOR SPANISH COMPANIES:
This depends.
As we mentioned previously, this visa and/or authorization can be obtained by:
- Employees hired by an entity or company.
- Professional or Self-Employed workers providing services to Non-Spanish third party companies.
- If you are an employee, you can only work for Non-Spanish companies.
- If you are a professional worker and highly-educated, Degree-Level or above, in this case, you can provide services to companies located both outside and inside Spain, as long as the percentage of work within Spain does not exceed 20% of the total professional activity.
RENEWING THE AUTHORIZATION OF DIGITAL-NOMAD IN SPAIN:
Like any other permit, it can be easily renewed as long as the conditions for granting this telecommuting authorization in Spain have been maintained.
The new permit, once renewed, will be valid for 2 years.
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OBTAIN SPANISH NATIONALITY:
Another aspect we would like to highlight about the Digital-Nomad permit in Spain is that it is a residence authorization for all intents and purposes and permits residency in Spain. Therefore, once you have been granted it, the time begins to count for you to apply for Spanish nationality through residency in Spain and become a Spanish citizen if this is what you require.
To be granted nationality through residency in Spain, it is necessary to have Continuous-Residency in Spain. (Continuous-Residency explained-here)
The general period is ten years. Five years will be sufficient for those who have obtained refugee status, and two years for nationals from Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal, or Sephardic individuals.
Additionally, one year of residence will be sufficient for:
- Those born in Spanish territory.
- Those who have not exercised the option in a timely manner.
- Those who have been legally subject to guardianship, curatorship with full representation powers, guardianship, or foster care by a Spanish citizen or institution for two consecutive years, even if they remain in this situation at the time of application.
- Those who, at the time of application, have been married to a Spanish man or woman for one year and are not legally or effectively separated.
- Widows or widowers of Spanish women or men if at the time of the spouse’s death there was no legal or de facto separation.
- Those born outside of Spain to a father or mother, grandfather or grandmother, who originally were Spanish.
TYPES OF RESIDENCY AVAILABLE IN SPAIN:
- Golden-Visa Spain (Spain citizenship by investment)
- Non-Lucrative visa Spain (Spain visa non lucrative)
- Self-Employed visa Spain (self employed expats in Spain)
- Digital-Nomad visa Spain (remote worker in Spain)
FURTHER ADVICE:
Before starting the Residence Authorization for a Digital-Nomad, seek professional advice. It’s important to have all the information related to this authorization, as well as its renewal, to avoid complications in Spain in the future.
Please see-here our video-blog with options and legal-advice to obtain residency in Spain.
BECOME A DIGITAL-NOMAD IN SPAIN:
Do you need legal assistance to obtain permossion to become a Digital-Nomad in Spain?
We are a Spanish Solicitor and assist our clients with all types of residency applications.
Permanent residency is obtained after 5 years of Spanish Residency through Self-Employed Residency, Digital-Nomad, Non-Lucrative Residency or Golden-Visa. This followed by 5 years as a permanent resident in Spain and means you can then obtain Spanish Citizenship with a Spanish Passport.
