Digital Nomad Visa
The digital nomad visa is a residence permit that allows non-EU citizens to legally live and work remotely in Spain for up to 5 years. This residency has a double application option.
- Directly apply for the 3-year card from Spain using a tourist visa,
- Obtain a 1-year visa from the Spanish consulate in their country of origin and later modify it to a 3-year card upon entering Spain.
Yes, the answer is affirmative. If you have the 3-year remote work visa (and renew it), it counts both for Spanish nationality and permanent residence, which you can obtain after 5 years of being a remote worker in Spain. This permit also allows you to include your spouse and children in the same application, enabling you to relocate with your family to Spain.
Moreover, you will benefit from an fast track process that takes only 20 days for a resolution. The applicable administrative silence is positive, meaning that if you do not receive any response within this period, your application is deemed to be finally approved. In addition, you can travel freely throughout the EU with this residence card.
As we have previously mentioned, this visa is primarily intended for non-EU citizens, as European citizens can work remotely for up to 6 months in the country.
If you want to apply for a remote work visa in Spain:
- The company/s for which you are currently working (or have a working relationship as a freelancer with), must be located outside of Spain.
- Incomes received by Spanish companies (or in Spain) can’t represent more than 20% of total.
- You must demonstrate that you have been working for your company or having a freelance relationship with your clients for at least 3 months prior to your application
- Contract with that same company for at least 1 year.
- You have two different options to demonstrate that you have sufficient experience and education to be able to complete the application. Either demonstrate 3 years of work-related experience prior to application, or be a graduate or post-graduate from a reputable university, vocational training, and business schools of recognized Prestige
- You can’t have criminal records, nor have entry to Spain prohibited. For that, you must submit your criminal records certificate with a minimum validity of 90 days, and they must be legalized and apostilled.
- Submit a declaration of no criminal record for the last 5 years
- You will have to fill out the application form.
- Pay the corresponding administrative fee 790 038
- Hire private health insurance, with full coverage throughout Spain
- Bank certificate proving the possession of at least €30,000 for the main applicant, (and €11441 for each additional family member,. If the funds are in a foreign bank, it will be necessary to provide a simple translation. Conversely, you can also use your salary or job contract to demonstrate the possession of these economic funds. And, finally, we find a difference depending on whether you work for a company as an employee or are a freelancer:
1.- If you have a contract with a foreign company (as an employee), it will be essential that this company has been operating for at least 1 year prior to your application. And, besides that, the company must state that your position allows remote work and that they specifically allow you to do so.
2.- If you are a freelancer, you must be working for at least one company (that must be outside Spain), and it will be through the terms and conditions of your contract that the possibility to work remotely is specified
Apart from all the residency benefits, one of the main appeals of this new permit comes from the tax side.
The extra argument created to make this permit even more advantageous is the special tax regime that will allow digital nomad visa holders to save taxes.
Basically, you will be taxed through an improved Non-Resident Income Tax Regime.
In case you haven’t been in Spain for the past 5 years (instead of 10, as the general rule states); you will be allowed to pay a flat tax rate of just 24% on your income, instead of a progressive rate that can reach up to 48%.
In order to be considered as a non-resident for tax purposes, you will have to initiate a separate and different application process than the one you complete for the residency process, and you will do so with the Spanish Tax Agency during the 6 months after you obtain your residency authorization.
Copy of valid passport or travel document (all pages)
- Proof of payment of the fee (form 790 038), along with the payment receipt if it is not reflected on the form.
- Signed application form by the remotworker (MIT Form)
- Proof of a minimum of three months of employment or professional relationship with the foreign company or companies as of the date of application.
- Evidence of real and continuous activity for at least one year by the foreign company or group of companies with which the worker maintains a professional relationship.
- Letter from the foreign company authorizing remote work from Spain, accrediting the job profile, salary, terms, and other conditions under which the remote professional activity will be carried out.
- Copy of the relevant degree or, if applicable, minimum experience that substitutes for the position to be performed.
- Social Security coverage certificate (if a convention exists with the country of origin) or registration with the Spanish Social Security system accrediting at least the foreign company’s registration request before the start of work.
- Current criminal records certificate from the country or countries where the applicant has resided during the past two years. Additionally, a responsible statement of the non-existence of criminal records for the last 5 years will be presented. (This will not be necessary when the applicant already holds a residence or stay authorization in Spain for more than 6 months and has already provided such information to obtain the authorization.)
- Public or private health insurance coverage. Travel insurance is not accepted. (Not required in the case of registration with the Social Security system.)
Frequently Asked Questions
What is an international teleworker?
A worker authorized to stay in Spain to carry out a remote work or professional activity for companies based outside the national territory, exclusively through the use of computer, telematic, and telecommunications systems and means.
Who can obtain authorization as an international teleworker?
A national of a third country who is of legal age. (This does not apply to European Union citizens or those to whom European Union law applies.)
Can a self-employed person be considered an international teleworker?
Yes, as long as they provide proof of a professional relationship with the foreign company through a commercial contract for a minimum of three months and that company authorizes the move to Spain.
Is registration with Social Security mandatory in Spain?
Yes, as the work is carried out from Spain, registration is mandatory, and two cases may arise:
Employee: The company must register with Social Security to be able to affiliate the teleworker here in the General Regime. Self-employed worker: The worker must register as a self-employed worker (RETA) in the social security system. The requirement for registration with Social Security can only be replaced by the importation of the right from the country of origin, provided that an international agreement on social security has been signed between Spain and that country, and the social security administration of the country of origin issues a document based on that agreement for teleworkers, providing them temporary coverage in Spain.
It is important to note that only some countries with agreements issue a certificate of coverage for teleworkers.
If the company has a branch in Spain, can they affiliate them with social security through that company or import the social security right from countries with an agreement based on that move?
In that case, they would not be considered teleworkers but workers transferred between companies or ICT (Intra Company Transfer), subject to that figure and its specific requirements.
What other requirements are necessary?
Not being irregularly in Spain.
Having no criminal record in Spain or in the country/countries where they have resided for the previous five years before the application (Certificates from the country where they have resided during the previous two years before the application and a sworn declaration of no criminal record in the countries of residence of the last five years must be provided). Having sufficient public insurance (through registration with Social Security) or equivalent private health insurance contracted with an authorized insurance company to operate in Spain. Travel insurance, those limited to reimbursement of medical expenses, or those with waiting periods or co-payments are not valid. Having sufficient financial resources for themselves and their family members during their period of residence in Spain.
Can they perform other work in Spain?
Always from the premise that their work can only be performed exclusively through computer, telematic, and telecommunications systems and means, two scenarios are possible:
Labor relationship: They can only work for the company based outside the national territory for which they provide the remote work service in Spain. Professional relationship: They can work for a company located in Spain as long as they maintain a professional relationship with the company with which they request authorization, and the percentage of this work with Spanish companies is a professional relationship (never labor) and does not exceed 20% of their total professional activity.
What absences outside the national territory can an international teleworker accumulate?
They can be absent for a maximum of six months per calendar year to maintain the requirements for obtaining authorization.
Can family members obtain an authorization/visa?
Yes, the spouse or person with analogous affective relationship, minor children or those who, economically dependent on the holder, have not constituted a family unit themselves, and ascendants in their charge, who reunite or accompany the foreigners can jointly and simultaneously or successively apply for the authorization and, if applicable, the visa.
Can family members work in Spain?
Yes, the fourth additional provision of Law 14/2013 establishes that residence authorizations authorize residing and working (both self-employed and employed).
Do minimum economic resources (means of subsistence) need to be proven?
Yes, applicants for international teleworking residence visas or authorizations must demonstrate that they have economic resources for themselves and their family members according to the following amounts:
Holders of visas and residence authorizations: an amount equivalent to 200% of the minimum interprofessional wage (SMI) monthly. Family units that include two people including the holder and the regrouped person: at least 75% of the SMI. An additional 25% of the SMI per member mentioned, beyond the two people, will be required. These amounts can be proven with the contract, payslips, a certificate from the displacing company, etc.