Digital Nomad Visa
In December 2022, the Spanish government published Law 28/2022, which regulates this new visa. Longed for by those foreigners who were looking for a way to live in Spain without giving up their work outside the Spanish territory or, for those who receive income from different sources and want to enjoy their stay in the country.
There are different profiles of foreigners who can benefit from this residence permit, but the most common are undoubtedly those professionals who work remotely from Spain for a company located outside the Spanish territory, also known as digital nomads. These include professionals who earn income from different sources and who, due to work or personal circumstances, travel continuously from one country to another (including freelancers with clients all over the world).
Requirements to apply for the Digital Nomad Visa
- It is not a complex visa, so the list of requirements is not too extensive and most applicants will be able to meet them without major problems. However, it is essential to know them in detail to find out if you, as an applicant, meet all of them.
- You must prove that you are an international teleworker posted in Spain.
- Prove that you have had a continuous employment relationship for the last three months with the company you are teleworking for.
- You must have a contract of at least 1 year´s duration with the company.
- Demonstrate that your position allows teleworking and that the company expressly authorises it.
- Income from Spain or the Spanish company you work for (if you wish) cannot be more than 20% of your total economic activity.
- This company or companies with which the teleworker establishes a business relationship, must have been operating in the market for at least 1 year.
- The academic and professional profile of the applicant must be suitable. There are two options here: to be a graduate of a prestigious university or business school; or to have previous professional experience of at least 3 years.
- Prove possession of sufficient funds. The amount is set at €25,000 (200% of the SMI) for the main applicant and €9,441 (75% of the SMI) for each family member. You can prove this through a Spanish or foreign bank account, or through a payship of a higher or equivalent salary.
In addition, these are the general requirements applicable to all other residence permits:
- Provide your criminal record certificate with a minimum validity of 90 days.
- Present a declaration of no criminal record in the last 5 years.
- Not be banned from entering Spain.
- To have private health insurance.
Where do I apply for the visa?
There are two options when applying for the visa, both according to the convenience of the applicant. Thus, you will be able to submit your application for residence as a digital nomad both inside and outside Spain.
In order to apply directly from Spain, you must submit the application to the UGE (unit for large companies) during the first 90 days of your stay while using your tourist visa. If you want to start the application in your country of origin, you will need to contact the Spanish consulate from there.
How long does the permit last ?
If you applied for the permit from Spain, you will obtain a residence card for 3 years (unless you apply for a shorter period of work), which can be renewed every 2 years. Giving you access to apply for long-term residence after 5 years, and for nationality after 10 years.
As long as you have correctly renewed your permit during the previous years.
In case of starting the process from the country of origin, you would first obtain a visa valid for 1 year, which could later be modified to the 3-year residence card.
How long do I have to wait for my visa to be granted?
This aspect entails one of the great advantages of the permit.
You will be able to know in only 20 working days the resolution of your application, as opposed to the 3 months of waiting that usually involves the processing of a permit under the general regime.
Furthermore, in case of “administrative silence”, it will be considered positive. This means that if you did not receive notification within 20 working days of submitting your application, it will have been considered approved and the permit will be yours.
What are the advantages?
This visa is one of the most advantageous for those who meet the requirements since you will be able to work in Spain, to move with your family and freely visit other EU countries.
Here are the main advantages:
- You can process your family members’ application together with your own, and they will be able to get the residency as well.
- The resolution process is very fast and in case of administrative silence, you will get your permit. This frees you from late resolutions and long and complicated processes.
- The time with this residence permit counts for the permanent residence and Spanish nationality.
- The permit grants freedom of movement within the European Union.
- In the event that you wish (in addition to keeping your main job) another work in Spain, you will be able to do so as long as the income of this Spanish company does not exceed 20% of your total income. In this respect, it should be noted that in order to have another job, it can only be carried out exclusively through computer, telematic and telecommunication means and systems.
Beside these advantages, you will be able to enjoy tax benefits by taking advantage of the new special regime applicable to workers, professionals, entrepreneurs and investors relocated to Spanish territory, also known as “Beckham’s Law”.
Plan your entry to Spain with the Digital Nomad Visa
Although applying for the visa may not be a very complicated task, reside personally and professionally in Spain implies a series of tax obligations in which a tax advisor will be able to assist to alleviate the burden and take advantage of the benefits this permit has.
At Legal Iuris we will help you to apply for your digital nomad visa by assisting you in all stages of the procedure. From the preparation of documentation, translations, payment of fees, to the arrangements of appointments at the Spanish consulate or in your country of origin.
You can contact our immigration lawyers and tax advisors by emailing firstname.lastname@example.org