It is my pleasure to inform you that the Startups Law has finally been published in the BOE, introducing the new visa and residence permits for DIGITAL NOMADS for Spain which open up the possibility of coming to live in Spain while developing a work or professional activity outside Spanish territory.
The well-known Law of Entrepreneurs, which also regulates the Golden Visa, has been modified to incorporate a new permit, the so-called "International Teleworkers' Visa". This new visa is aimed at foreign citizens from outside the EU who want to establish themselves in Spain and work remotely for an employer or clients in another country. One great advantage of this new permit is that this type of visa can be applied for by both employees and self-employed workers.
The Visa can be applied for by non-EU citizens who wish to carry out an employment or professional activity remotely and who can accredit the following:
Having a Graduate or Postgraduate qualification,
Or having vocational training and schools of recognised prestige,
Or having more than 3 years of experience.
With regards to the work itself, the law makes a clear distinction between employed and self-employed workers:
Employee: In this case, the worker can only work for companies based outside Spain.
Self-employed: If you have your own business or are self-employed, you can telework in Spain for companies based outside our country and for companies located in Spain, but with a limitation. The percentage of work offered to companies based in Spain cannot be more than 20% of your total professional activity.
GENERAL REQUIREMENTS FOR THE DIGITAL NOMAD VISA
Not to be irregularly present in Spanish territory.
Be over 18 years of age.
You must not have a criminal record in Spain or in the countries where you have resided during the last two years for offences under Spanish law. In addition, a declaration must be submitted certifying that you have not had a criminal record for the last five years.
Not to be listed as ineligible in the territorial space of countries with which Spain has signed an agreement in this regard.
Have public insurance or private health insurance arranged with an insurance company authorised to operate in Spain.
Have sufficient financial resources for themselves and their family members during their period of residence in Spain.
Pay the fee for processing the authorisation or visa.
In addition to these general requirements that must be accredited for any of the permits regulated in the Entrepreneurs Law, the following requirements must also be met for this type of residence authorisation/Visa:
The existence of a real and continuous activity for at least one year of the company or group of companies with which the worker has an employment or professional relationship.
Documentation accrediting that the employment or professional relationship can be carried out remotely.
In the case of an employment relationship, proof must be provided of the existence of the same 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 accrediting that the company allows the worker to carry out the work activity remotely.
In the case of the existence of a professional relationship, proof must be provided that the worker has had a business relationship with one or more companies not located in Spain for at least the last three months, as well as documentation accrediting the terms and conditions under which the professional activity is going to be carried out remotely.
There are two options:
1) Digital Nomad Visa
Foreigners not resident in Spain, who intend to reside in Spanish territory in order to telework 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 are legally resident.
Once the documentation has been assessed and if all the requirements are met, a visa will be issued for a maximum duration of one year. The visa may be for a shorter period if requested by the employee or self-employed worker.
The Digital Nomad Visa allows the holder to reside and work remotely in Spain for the duration of its validity.
Within sixty calendar days prior to the expiry of the visa, international teleworkers who are interested in continuing to reside in Spain may apply for the Digital Nomad Residence Permit, provided that the conditions that generated the right are maintained.
2) Digital Nomad Residence Permit
Foreigners who are in Spain legally can apply for a Digital Nomad residence permit at the Large Companies and Strategic Groups Unit, which will last for 3 years unless the they have applied for a shorter period. Holders of this authorisation may request its renewal for periods of two years as long as the conditions that generated the right are maintained.