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Wealth tax
Digital Nomad Visa
Residence for digital nomads: visa and authorisation
Spanish legislation defines a digital nomad or international teleworker as a person who carries out an employment or professional activity at a distance exclusively through telematic means for companies located outside Spanish territory in order to obtain a Digital Nomad Visa.
If this is your case and you have the necessary qualifications or professional experience, you can choose to apply for a Digital Nomad Visa, if you are still in your country of origin, or a residence permit, if you are already living legally in Spain.
The visa or authorisation is valid for working and residing throughout the national territory, including family members if they are of the age stipulated in the labour regulations.
VERY IMPORTANT
In the event that you carry out an employment activity, you may only work for companies located outside Spanish territory. In the event that you carry out a professional activity (self-employed or freelance), you can work for a company located in Spain and have your Digital Nomad Visa as long as the percentage of this work does not exceed 20% of your total professional activity.
Who is it aimed at?
It is aimed at people with non-EU citizenship who want to reside in Spain to carry out a work or professional activity using only computer, telematic and telecommunication means and systems.
What is your current situation?
Depending on where you are at the time of application (outside Spain or legally in Spain), the Digital Nomad Visa permit you must apply for in order to be able to telework from Spain varies:
- If you are outside Spain, you must apply for the international telework visa.
- If you are legally in Spain, you must apply for the residence permit for international teleworkers.
What requirements must be met?
Both the Digital Nomad Visa and the authorisation are applied for directly by the digital nomad, i.e. the teleworker or professional who wants to telework in Spain. However, certain requirements must be met for the person and also for the company for which the person works or provides services.
Requirements for the teleworker
- Not be irregularly present in Spanish territory.
- Be over 18 years of age.
- Not have a criminal record in Spain or in the countries where he/she has resided during the last five years prior to the application.
- Not have been banned from entering Spain or be refused entry in the territorial space of countries with which Spain has signed an agreement in this regard.
- Hold a graduate or postgraduate degree from universities, vocational training and business schools of recognised prestige. If you do not have this qualification, you must have at least three years’ professional experience.
- Have a previous and continuous employment or professional relationship of at least three months with one or more of the companies in the group for which you are teleworking.
- Have a public or private health insurance policy with an insurance company authorised to operate in Spain (this is not necessary if there is no bilateral agreement with the country of origin and, therefore, you must register with the Spanish Social Security).
- Pay the fee for processing the visa or for authorisation.
- Have economic resources for themselves and their family members in accordance with the following amounts:
- Holders of visas and residence authorisations: amount representing 200% of the Spanish minimum interprofessional wage per month (currently, for the year 2023, the minimum interprofessional wage stands at 1,080 euros per month).
- Family units that include, counting the person entitled and the person reunited, at least 75% of the minimum interprofessional wage. If applicable, 25% of the minimum interprofessional wage will be required for each additional member in addition to the two aforementioned persons.
Company requirements
- Proof of real and continuous activity for at least one year of the foreign company or group of companies with which the worker has an employment or professional relationship.
- Authorisation from the company regarding the possibility of working remotely from Spain, accrediting to this effect the job profile, terms and other conditions under which the professional activity will be carried out remotely.
- Documentation of Social Security coverage, including health coverage (if applicable), for the worker, by means of a certificate of coverage (if there is an agreement with the Social Security between Spain and the sending country) or accreditation of the company’s registration with the Spanish Social Security and the commitment to register the worker.
How long is it valid?
The visa is valid for a period of 1 year, during which the teleworker may work from europe until the end of its validity period.
Within sixty (60) calendar days before the expiry of the visa, if the teleworker is interested in continuing to reside in Spain, he/she can apply for the residence authorisation for international teleworkers, without the need to apply for a new visa and without requiring a previous minimum period of stay.
“The authorisation is valid for a period of 3 years, unless requested for a shorter period”
The authorisation is renewable for 2-year periods as long as the conditions that generated the right are maintained.
Can I bring my family with me?
Yes.
Your family members may accompany you when you travel and, at any time, they may apply, jointly or retrospectively, for authorisation or a visa. This condition applies to:
- Spouse or unmarried partner
- Sons and daughters of the holder, or of the spouse or partner, minors or adults who, being economically dependent on the holder or on the spouse or partner, have not constituted a family unit on their own.
- First-degree dependent ascendants of the holder or of his/her spouse or partner.
DOCUMENTATION REQUIRED FOR THE VISA AND AUTHORISATION:
- Criminal record certificate from the country or countries where you have lived during the last 2 years, for offences provided for in the Spanish legal system. In addition, a declaration of non-existence of criminal record for the last five years must be presented (the above will not be applicable when you hold a residence permit, or stay in Spain for more than 6 months, and you have already provided it to obtain said permit).
- Public or private health insurance arranged with an entity operating in Spain (this will not be necessary if there is no bilateral agreement with the country of origin and, therefore, it is necessary to prove registration with the Spanish Social Security). Travel insurance is not accepted (the above is not necessary in the case of registration with the Spanish Social Security).
- Graduate or postgraduate degree from universities, vocational training and business schools of recognised prestige. If no such degree is available, a letter of experience signed by the current or previous employer(s) proving at least 3 years of professional experience in functions similar to those of the position to be filled. In the case of regulated professions, proof of recognition of the qualification must be provided.
- Last three pay slips with the company with which the teleworker has an employment relationship; in the case of being a professional and not a salaried worker, a similar document or certification from the company proving that the professional relationship is longer than 3 months.
- Certification from the foreign company (e.g. by means of documentation issued by the corresponding Commercial Register) that the company or group of companies has been in real and continuous activity for at least one year.
- In the case of an employment relationship, letter from the foreign company, authorising the development of remote work from Spain and accrediting the job profile, salary to be received, terms and other conditions under which the professional activity will be carried out remotely.
- In the case of a professional relationship, similar documentation that accredits the terms and conditions under which the professional activity is to be carried out remotely (for example, through a letter signed by a client, among other documents); in the case of an employment relationship, the employment contract or firm offer of employment must be provided; in the case of a professional activity, the commercial contract that corresponds to the activity that motivates the authorisation (notwithstanding the above, other similar documents may be used, depending on the case).
- If there is an agreement with the Social Security between Spain and the issuing country, a certificate of Social Security coverage, as well as a responsible declaration stating the commitment to comply, prior to the commencement of the employment or professional activity, with the social security obligations.
- If there is no agreement with the Social Security between Spain and the issuing country or if it is not feasible to issue such an agreement, the registration of the foreign company with the Spanish Social Security must be accredited and a document of commitment to register the worker must be attached, in addition to the aforementioned declaration of responsibility.
SPECIFIC REQUIREMENTS FOR THE VISA:
In general, you must provide the original and a copy of each of the documents.
The following documentation is merely indicative, as minimum requirements, as the required documentation may vary depending on your country of residence. Each diplomatic mission or consular post may require any additional documentation it deems necessary for the visa decision. However, the basic general and specific documentation you will need to provide is as follows:
- National (long-stay) visa application form.
- Identity card or passport.
- Proof of payment of the fee.
SPECIFIC DOCUMENTATION FOR THE AUTHORISATION:
- Signed application form for authorisation.
- Copy of the complete passport or valid travel document (all pages).
- Proof of payment of the fee.