Digital Nomad Visa
Introduction
On December 22, 2022, the government gave final approval to the definitive text, already published in the BOE (Boletín Oficial del Estado, Spain's Official State Gazette), with the aim of overhauling Spanish legislation on entrepreneurship.
The most important point is that, to attract foreign talent, especially digital nomads and remote workers, a new digital nomad visa has been created.
The digital nomad visa is a residence permit that can be extended up to 5 years and allows foreign nationals from outside the European Union to live and work remotely in Spain (carrying out activities as digital nomads).
Features
This authorization and visa is available to people who work or carry out a professional activity remotely for companies located outside Spain, using exclusively computer, telematic and telecommunication means and systems.
In addition, self-employed remote workers may also work for Spanish companies, provided that this work does not exceed 20% of their total professional activity.
Highly qualified professionals can apply for this visa or remote work authorization if they can prove that:
They hold a university or postgraduate degree, or a vocational training or business school qualification, or, alternatively, have at least 3 years of professional experience.
Requirements
Applicants should review the following requirements in detail to determine whether they qualify:
First, prove that you are an international remote worker relocating to Spain.
Prove that income from Spain does not exceed 20% of your total income.
Prove a continuous employment relationship of at least 3 months with the company you work for remotely, and that your position allows remote work with the company's consent.
The company or companies with which the remote worker has the relationship must have been operating in the market for at least 1 year.
Have a contract with the company for at least 1 year.
The applicant's academic and professional profile must be sufficient. There are two options: either have graduated from a reputable university or business school, or prove at least 3 years of work experience.
Prove sufficient financial means, that is, 25,000 euros in a bank account (it can be a foreign bank account), or proof of an equal or higher salary.
There are also other general requirements common to other residence permits:
Provide a criminal record certificate valid for no less than 90 days.
Have no criminal record in the last 5 years.
Not be banned from entering Spain.
Have private health insurance.
Pay the corresponding fee.
These are the documents needed to start the application. Bear in mind, however, that every case must be analyzed individually.
Copy of your passport.
Receipt for payment of the corresponding fee.
Criminal record certificates from the countries where you have lived in the last two years.
A statement that you have had no criminal record in the last five years.
Three passport-size photos with a white background.
Bank statements proving your income.
Proof of your work with the foreign company or clients, no more than three months old.
Certificate from the foreign company authorizing remote work from Spain, stating the position, salary, terms and conditions of the professional activity.
Copy of the professional qualification related to the position held or, alternatively, proof of experience in similar positions (official documents must be legalized).
Registration with Spanish Social Security, or health insurance coverage valid in Spain.
We must stress that, as is already the general rule for residence and/or visa procedures, all official documents must be legalized, apostilled and translated to be valid.
Applicable legislation
Law 28/2022 of December 21 on the promotion of the startup ecosystem (Ley 28/2022, de 21 de diciembre, de fomento del ecosistema de las empresas emergentes), also known as the "Startups Law".
Application process
There are two ways to apply:
Apply for the digital nomad visa in your country of origin. You will get a one-year visa to enter Spain (which can later be changed to a residence permit).
Apply directly from Spain after entering as a tourist, and obtain a three-year permit (renewable for two years, until you obtain permanent residence).
The application can then be submitted through the online portal (sede electrónica) of the Ministry of Inclusion, Social Security and Migration, filling in the forms and providing all the required documents. A decision on the application is issued within a maximum of 20 days.
Frequently asked questions:
a) If I apply for the digital nomad visa, how long is it valid?
Answer: the validity depends on where you apply for the visa. If you apply from your own country, through the Spanish embassy or consulate, you can obtain a visa of up to 1 year. Once you are in Spain and your first year is over, if you want to renew it you can do so from within Spain without returning to your country. If you apply for the visa in Spain, it is valid for 3 years and can be renewed for 2 years.
b) Can my family apply for the same visa as me?
Answer: yes, your family can come with you to Spain and apply for the visa as your dependents. You will need to prove your family relationship and that you have sufficient financial means to support them (at least 7000 euros for each additional family member).
c) Do the years of residence as a digital nomad count toward a later application for Spanish nationality?
Answer: yes. However, be careful not to leave Spain for long periods, as this could harm your application for Spanish nationality. Depending on your nationality, you can apply for a Spanish passport after 2 or 10 years of residence.
d) What if I already have a work permit in Spain?
Answer: if you have lived in Spain for at least one year, you can change your residence permit to a self-employment work permit and become self-employed (autónomo) by providing proof of financial means, the application form (EX-01), an approved business plan and a report certifying that your business plan is viable.
