Discover here a complete guide on how to apply for the new visa for digital nomads in spain, which allows Non-EU Citizens to work remotely for non-Spanish companies. The visa is available to both employees and self-employed individuals.
This new permit for remote workers in Spain is something innovative that opens the possibility of coming to reside in Spain and being able to carry out work or professional activities outside Spanish territory.
This is a new visa intended for non-EU foreign citizens who want to settle in Spain and telecommute from Spain. The good thing about this law is that both employees and self-employed workers can apply for this type of visa.
In this post we cover the following: (click any section to see its content)
How to obtain a digital nomad visa:
- VISA FOR REMOTE WORKERS IN SPAIN »
- REQUIREMENTS FOR THE INTERNATIONAL WORKER VISA »
- RESIDENCE AUTHORIZATION FOR INTERNATIONAL REMOTE WORK »
- SPANISH NATIONALITY »
- ALL TYPES OF RESIDENCY AVAILABLE IN SPAIN »
- SCHEDULE AN APPOINTMENT WITH A SOLICITOR »
VISA FOR REMOTE WORKERS IN SPAIN:
Who can apply for this visa? It can be requested by all non-EU citizens who want to carry out remote work and can demonstrate:
- To have a degree or postgraduate qualification
- Having a Professional Training from recognized schools
- Or proving that they have more than 3 years of experience
The law makes a clear distinction between employees and self-employed workers:
- Employee: In this case, the worker can only work for Non-Spanish companies based outside Spain.
- Self-employed Worker: If you have your own business or are self-employed, you can work-remotely from Spain for Non-Spanish companies and for companies in Spain but with a limitation. The percentage of work offered to companies located in Spain cannot exceed 20% of the total professional activity.
REQUIREMENTS FOR THE INTERNATIONAL WORKER VISA:
- To be legal in Spanish territory.
- Be over 18 years
- Have no criminal record both in Spain and in the countries where you have resided during the last two years, for offenses covered by Spanish law. Additionally, a responsible declaration of the absence of criminal records for the last five years will be submitted.
- Not be listed as illegal in the territorial space of countries with which Spain has signed an agreement to that effect.
- Have public insurance or private health insurance contracted with an authorized insurance entity to operate in Spain.
- Have sufficient economic resources for yourself and your family members during your residence in Spain.
In addition to these general requirements that must be proven for any of the permits regulated in the Entrepreneurship Law, for this type of authorization/Visa, the following requirements must also be met:
- The existence of a real and continuous activity for at least one year by the company or group of companies with which the worker has a labour or professional relationship.
- Documentary evidence that the work or professional relationship can be carried out remotely.
- In the case of a labour relationship, it must be proven that it exists between the worker and the company not located in Spain for at least the last three months prior to the submission of the application, as well as documentation proving that the company allows the worker to perform remote work.
- In the case of a professional relationship, it must be proven that the worker has a business relationship with one or more companies not located in 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.
FAMILY MEMBERS OF INTERNATIONAL REMOTE WORKERS:
As with other authorizations regulated within the Entrepreneurship Law, family members can also obtain both the visa and the authorization.
Which family members can be included?
- Person with a similar affective relationship
- Dependent minor children or adult children who, economically dependent on the holder, have not formed a family unit on their own
- Ascendants in charge
These relatives who gather or accompany foreigners who will telecommute in Spain can jointly and simultaneously or successively apply for the authorization and, if applicable, the visa.
VISA AS AN INTERNATIONAL REMOTE WORKER – DIGITAL NOMAD:
Non-resident foreigners intending to reside in Spanish territory to telecommute remotely for a company not located in Spain must apply for the corresponding visa at the Spanish Consulate in their country of origin or the country where they have legal residence.
Once the documentation is evaluated, and if all the requirements are met, a visa with a maximum duration of one year will be issued. The visa may be of shorter duration if requested by the self-employed worker.
The international remote work visa will constitute sufficient authorization to reside and work remotely in Spain during its validity.
Within sixty natural days before the expiration of the visa, international remote workers interested in continuing to reside in Spain can apply for the authorization for international remote work, as long as the conditions that generated the right remain.
RESIDENCE AUTHORIZATION FOR INTERNATIONAL REMOTE WORK:
If you are in Spain legally or have just arrived with a visa for international remote work, you can apply for a residence authorization at the Large Companies and Strategic Collectives Unit, which will have a duration of 3 years unless the foreign citizen has requested a shorter validity.
Holders of this authorization can request its renewal for periods of two years as long as the conditions that generated the right are maintained.
Like any other residence permit in Spain, this one counts toward applying for Spanish nationality by residence.
To apply for Spanish nationality, it is necessary to meet a legal residence period before the application. Depending on each case, it will be necessary to prove a longer or shorter time.
For the granting of nationality by residence, it is required that it has lasted ten years. Five years will be sufficient for those who have obtained refugee status, and two years for nationals from iberoamerican countries, Andorra, the Philippines, Equatorial Guinea, or Portugal or Sephardic individuals.
The residence time of one year 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 the guardianship, curatorship with full representation powers, or foster care of a Spanish citizen or institution for two consecutive years, even if they continue in this situation at the time of the application.
- Those who, at the time of the application, have been married to a Spaniard for one year and are not legally or factually separated.
- The widow or widower of a Spaniard if, at the death of the spouse, there is no legal or factual separation.
- Those born outside of Spain to a father or mother, grandfather, or grandmother who originally were Spanish.
ALL 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)
DO YOU REQUIRE RENEWAL OF YOUR RESIDENCE CARD 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.