Since 2023, Spain has offered a specific authorisation for foreign nationals who wish to live in the country while working remotely for companies or clients based outside Spain. Known as the digital nomad visa in Spain or international teleworker visa, it opens an attractive legal pathway for professionals from around the world who want to settle in Spain without giving up their existing professional activity.
Who is the digital nomad visa for?
The visa is designed for people who work remotely using digital, telematic or telecommunications means. The rules draw a distinction between two situations.
- Employed workers, those with an employment contract, may only work for companies based outside Spain. Providing employment services to Spanish employers is not permitted under this visa category.
- Self-employed workers and freelancers have greater flexibility: they may also work for Spanish clients, provided that work does not exceed 20% of their total professional activity.
Main requirements.
Obtaining this visa requires meeting a number of conditions, which can be grouped into three areas:
- As regards professional qualifications, the applicant must demonstrate either a university or vocational training degree from a recognised institution, or a minimum of three years of professional experience in a role equivalent to the one they will perform as a remote worker. Those wishing to practise a regulated profession must also provide evidence that their qualification has been officially recognised in Spain.
- As regards the employment or contractual relationship, the company or client for whom the applicant works must have been in active operation for at least one year, and the working or professional relationship with the applicant must have been in place for at least three months at the time of the application. The employer must expressly authorise remote working from Spain.
- As regards financial means, the applicant must demonstrate monthly income of at least 200% of the Spanish minimum wage. For family members accompanying the main applicant, additional amounts are required: 75% of the minimum wage for the first dependent and 25% for each additional member.
Family members who can be included.
The visa allows the inclusion of a spouse or registered partner, financially dependent children, whether minor or adult, who have not formed their own family unit, and ascendants who are financially dependent on the main applicant. Family members may apply at the same time as the principal applicant or at a later stage.
Required documentation.
The documentation required falls into two categories:
General documentation, required of both the applicant and any accompanying family members, which includes the application form, a passport-sized photograph, a valid passport, a criminal record certificate, proof of residence within the consular district, and health insurance covering the equivalent of Spain’s public health system;
And documentation specific to the remote worker, comprising the employer’s certificate, evidence of professional qualifications or experience, Social Security documentation and proof of financial means. The NIE, foreign identity number, may be provided if already held, or applied for at the same time as the visa.
Application procedure and appeals.
The application must be submitted in person by the applicant, or by one of their parents if the applicant is a minor, at the Spanish consulate with jurisdiction over their place of residence. It is also possible to act through a duly authorised representative by means of a notarised power of attorney.
The statutory period for resolving the application is ten days from the date of submission, although this period may be extended if the consulate requests additional documentation or calls the applicant to a personal interview. Once a favourable decision has been notified, the visa must be collected within a maximum period of one month.
In the event of a refusal, the applicant has one month to lodge an administrative appeal before the consulate itself, or two months to bring judicial review proceedings before the Superior Court of Justice of Madrid.
Duration, renewal and long-term residence.
The duration depends on where the application is made. Where the application is submitted from abroad through a consulate, the initial visa is valid for one year. At the end of that period, the holder must apply for a residence authorisation in Spain, which is granted for three years. Where the application is submitted directly from within Spain, for example, while on a tourist stay, the residence authorisation is granted for three years from the outset.
In both cases, the authorisation is renewable for periods of two years. After five years of continuous residence in Spain, the holder may apply for long-term residence. Throughout the validity of the visa or authorisation, the document itself serves as proof of the right to reside in Spain, without the need to obtain a Foreign Identity Card, although one may be applied for voluntarily.
An important tax consideration: the Beckham Law.
Residing in Spain will, in most cases, result in becoming a Spanish tax resident, with the corresponding tax obligations. However, holders of this visa may opt for the special expatriate tax regime, commonly known as the Beckham Law, which allows taxation at a flat rate of 24% on income earned in Spain for up to six years, rather than under the progressive rates applicable to ordinary residents. Considering this option from the outset can result in very significant tax savings.
Practical tip:
Before applying for the digital nomad visa in Spain, it is advisable to assess both the immigration and tax aspects together: visa requirements, remote work authorisation, financial means, health insurance and the possible application of the Beckham Law.
Preparing the application safely.
Preparing a digital nomad visa application involves gathering documentation from multiple countries, coordinating with the employer and making tax decisions that are best taken before arriving in Spain. Our team can guide you through the entire process, from an initial assessment to the submission of your application.
ÁLVARO MORALES SOUSA
PARTNER – LAWYER
CUSTOM REPRESENTATIVE
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