By Liudmila Gnybida
The residence permit for Digital Nomads is one of the permits that is having the most success in Spain in recent times, as it allows you to live in Spain while continuing to work remotely for a foreign company or for your clients located anywhere in the world.
Many foreign people of working age are looking for the advantages of living in Spain (climate, gastronomy, health, education, lifestyle) without giving up their professional position in their country. The only essential requirement to be able to apply for this visa or authorization is that the work must be able to be performed remotely (teleworking).
This permit is regulated in Chapter V bis of Law 28/2022 on Start Ups (article 74 and following). Below, we explain how it works:
What is it?
It is a residence permit, of up to 5 years, perfect for those non-EU foreigners who want to live in Spain and work remotely for companies located outside the national territory and, in the case of being a self-employed worker, provide services to clients located all over the world.
What benefits does it provide?
It allows you to live in Spain working for foreign companies and free movement within the Schengen area.
Who can apply?
The following may apply for this visa or authorisation:
- Employees of a foreign company located outside the national territory, which allows them to work remotely from Spain.
- Self-employed workers with clients spread across the world. In these cases, is it allowed to work for Spanish companies? The holder of the authorisation for international teleworking will be allowed to work for a company located in Spain, as long as the percentage of said work is not greater than 20% of their total professional activity.
In addition, in both cases, their immediate family members may also apply.
What are the requirements?
In order to apply for this permit, there are requirements of both a personal and work or professional nature. All applicants must prove:
Personal requirements
- Be over 18 years old.
- Prove experience and training. A minimum of 3 years of verifiable professional experience is required, as well as a university or postgraduate degree, vocational training or training in business schools, all in prestigious entities.
- No criminal record
Employment or professional requirements
Workers and self-employed workers must prove that the employment or professional relationship can be carried out remotely and that they earn a minimum of €2,646 per month (200% of the SMI).
In addition, employees must prove:
- Being hired by a company not located in Spain at least 3 months before submitting the application.
- Prove the existence of a real and continuous activity of the contracting company, for at least one year before applying.
And self-employed workers:
- That they have a commercial contract with foreign companies, for at least the last three months, and that said contract states that the professional activity will be carried out remotely.
What documentation is necessary?
General documentation
- Valid passport (original and copy of all pages).
- MI-T national visa application form.
- Color photograph.
- Certificate of criminal record issued by each country where the applicant has resided for more than six months in the last two years.
- Declaration of no criminal record in the last five years.
- Fee Form 790
- Medical insurance contracted with a company accredited in Spain.
Specify documentation
- Certificate from the Company indicating the length of the contract and authorization to work remotely.
- Certificate from the Commercial Registry of the company's country of origin that accredits its activity and that its incorporation was prior to 1 year.For self-employed workers:
- Certificate from client companies indicating the duration of their contract with the worker and that the services will be provided remotely.
- Certificate from Social Security or equivalent entity in the country of origin that accredits that the worker is affiliated.
- Responsible Declaration of already self-employed workers stating that they comply with social security obligations.
Family documentation
Each member of a family unit will have to present personal documentation.
In addition, notarial powers of attorney will be required for each family member. If they are minors, the power of attorney will be signed by the parent indicated in the application.
How to apply?
From the country of origin
If the worker is in the foreign country, he/she may apply for a visa to work remotely at the Spanish Embassy or consulate located in the country of origin or residence. The visa will be valid for 1 year, unless the employment contract has a shorter duration, in which case, the visa will have the same duration.
The processing of the application and the issuance of the visa take about 30 days.
60 days before the expiration of the visa, those interested in continuing in Spain must apply for a residence permit for an international remote worker, provided that the conditions are maintained.
From Spain,
If the applicant is legally in Spain, he/she may apply for a residence permit for an international remote worker at the Ministry of Integration, Social Security and Migration in Spain. The residence permit has a maximum validity of 3 years, unless the contract has a shorter duration.
The resolution period is 20 business days.
Once granted, an appointment must be made at the police station to register fingerprints and obtain the physical residence card.
Holders of this authorization may request its renewal for periods of two years as long as the conditions that generated the right to obtain it are maintained.
Tax Advantages
The foreign worker will become a tax resident in Spain if:
- He/She spends more than 183 days in the national territory.
- His/Her center of economic interest is in Spain, that is, his commercial or work operations.
- He/She has his/her spouse or children living in the country.
Self-employed and workers can benefit from the Beckham Law. The special regime for expatriates offers very attractive tax advantages for those who move to Spanish territory, allowing them to pay taxes only on income obtained in Spain with a reduced rate of 24% up to €600,000. From €600,001 onwards, expatriates will pay taxes at 47%.
To qualify for this special expatriate regime, the interested party must not have been a resident in Spain during the five tax periods prior to the one in which he or she moves to Spanish territory.
The content of the regime and the requirements can be found in https://www.linkedin.com/posts/gracia-calbet_residencia-y-fiscalidad-para-n%C3%B3madas-digitales-activity-7309194194684669954-uArP?utm_source=share&utm_medium=member_desktop&rcm=ACoAAAGQrV0BLK66_1r5KPNY25pq2_ZDmX_nZVI
Our Global Mobility department is ready to advise you at every step of the process, ensuring that your application meets the legal requirements.
For more information on how to access the Digital Nomad Residency visa/authorization or explore other ways to obtain residency, contact us.
