Digital Nomads, Do you want to work from Spain anywhere in the world?

Without a doubt, by now, you have already heard about “Digital Nomads” and you fantasize about teleworking anywhere in the world from the varied and different places that the Spanish landscape offers. At García-Arquimbau Abogados we can help you obtain your International Teleworking Visa or Residence permit.

What is a Digital Nomad?

According to the definition given by Law 14/2013, of September 27, on support for entrepreneurs and their internationalization, this is a person, a national of a third State (non-member of the European Union), authorized to remain in Spain to carry out a work or professional activity remotely for companies located outside the national territory, through the exclusive use of computer, telematics and telecommunications means and systems.

What are the main requirements you must meet to apply for a digital nomad visa?

GENERAL REQUIREMENTS:

1. Not being a citizen of the European Union (or those foreigners who enjoy free movement rights equivalent to those of citizens of the Union based on agreements between the European Union and the Member States, on the one hand, and third countries, on the other hand ) since in these cases it will not be necessary to obtain this type of visa or residence, obtaining a European Union Citizen Registration Certificate is sufficient.
2. Not being irregularly in Spanish territory.
3. Being over 18 years old.
4. Have no criminal record in Spain and in the countries where you have resided during the last two years, for crimes provided for in the Spanish legal system. Additionally, a declaration stating that there is no criminal record for the last five years will be submitted. This constitutes a novelty introduced by Law 28/2022, of December 21, to promote the ecosystem of emerging companies, which is precisely what introduced the figure of Digital Nomads that we address in this publication.
5. Not appear as rejectable in the territorial space of countries with which Spain has signed an agreement in this regard.
6. Have public insurance or private health insurance arranged with an insurance entity authorized to operate in Spain.
7. Have sufficient financial resources for yourself and your family members during your period of residence in Spain.
8. Pay the fee for processing the authorization or visa.

SPECIFIC REQUIREMENTS FOR VISAS AND RESIDENCE PERMITS FOR DIGITAL NOMADS:

1. In the case of workers, digital nomads, employed by others, they can only work for companies located outside the national territory. On the other hand, self-employed digital nomad workers who carry out professional activity may work for a company located in Spain, as long as the percentage of said work does not exceed 20% of their total professional activity.
2. The main applicant must be a qualified professional who can prove to be a graduate or postgraduate from prestigious universities, vocational training, and business schools of recognized prestige or with a minimum of three years’ professional experience. This last paragraph allows the concept of a qualified professional to be broadly qualified and the requirement of a university degree to be evaded.

What aspects must be proven when applying?

1. The existence of a real and continuous activity for at least one year of the company or group of companies with which the worker maintains an employment or professional relationship.
2. Documentation proving that the employment or professional relationship can be carried out remotely.
3. In the case of an employment relationship, that is, for employed workers, the existence of the same between the worker and the company not located in Spain must be proven for at least the last three months before the presentation of the application, as well as documentation that proves that said company allows the worker to carry out work activity remotely.
4. In the event of the existence of a professional relationship, that is, for self-employed workers, it must be proven that the worker has a commercial relationship with one or more companies not located in Spain for at least the last three months, as well as documentation that certifies the terms and conditions under which you will carry out your professional activity remotely.

What family members can accompany the main applicant?

The spouse or person with a similar emotional relationship, the minor or adult children who, depending financially on the holder, have not constituted a family unit by themselves, and the dependent ascendants, who join him or accompany him.

Both the authorization and the visa for these family members may be requested jointly and simultaneously or successively.

What procedure must you follow to apply for this type of residence?

We must distinguish two cases:

1. Obtaining a visa for international teleworking, which must be requested by foreigners who are not in Spain, will have a maximum validity of one year during which they will be able to enter Spain and reside and work legally. In this case, digital nomads who intend to continue residing in Spain and who maintain the conditions that generated the right, may, within 60 days before the expiration of the visa, request residence authorization for an international remote worker.
2. If they are foreigners who are in Spain regularly or who have entered through the visa provided for in the previous section, they may directly request residence authorization to telework remotely for a company located abroad, which will be Valid throughout the national territory. This authorization will have a maximum validity of three years, after which renewal may be requested for periods of two years, provided that the conditions are maintained.

Are you thinking about teleworking from Spain?

Contact us! We will resolve your doubts, assist you, and manage your file from the beginning to obtain your Foreigner Identity Card.