Digital Nomad
Spanish law provides for the figure commonly known as digital nomads under the legal designation of international remote workers. This status is primarily regulated under the Entrepreneurs Support and Internationalisation Act.
1. Characteristics of International Remote Work in Spain
This authorisation is designed for foreign nationals (non-EU nationals) who wish to reside in Spain while carrying out employment or professional activity remotely for companies based outside Spain, using exclusively computer, telematic and telecommunications means and systems.
Its characteristics vary depending on the professional's employment relationship:
- Employed workers: They may only work for companies located outside Spanish territory.
- Self-employed workers (freelance professionals): They may provide services to companies located in Spain, provided that the percentage of these domestic services does not exceed 20% of their total professional activity.
2. Access Routes: Visa and Residence Authorisation
There are two options for settling in Spain depending on where the applicant is located at the time of the procedure:
- International remote work visa: If the foreign national is outside Spain, they must apply for this visa, which is valid for 1 year (or equivalent to the work period if shorter) and enables them to reside and work for its entire validity.
- Remote work residence authorisation: If the person is already legally in Spain or has a remote worker visa about to expire, they must apply for this authorisation online before the Unit for Large Companies and Strategic Groups (UGE and CE). The initial authorisation is valid for 3 years and renewable for 2-year periods. The decision period is very fast, set at 20 working days, and if no response is received, it is deemed granted by positive administrative silence.
3. Requirements for Obtaining the Authorisation
Requirements applicable to the worker:
- Be over 18 years of age and not be in Spain irregularly.
- Have no criminal record in Spain or in countries of residence during the last 2 years (also submitting a sworn statement covering the last 5 years).
- Professional qualifications: Must be a university graduate or postgraduate, hold a vocational training qualification or a degree from a recognised business school. Alternatively, a minimum of 3 years of professional experience may be proven.
- Financial means: Sufficient resources must be proven through contract, payslips, etc. The minimum amount is 200% of the Minimum Interprofessional Wage (SMI) for the holder. If travelling with family, an additional 75% of the SMI is required for the second member and 25% more for each additional member.
- Health insurance: Must have public or private health insurance covering the same services as Spanish Social Security, unless, under an international agreement, the worker is covered by the National Health System.
Requirements applicable to the company:
- The foreign company with which the contract is held must have at least 1 year of real and continuous business activity.
- It must be documented that the work can be performed entirely remotely.
- The employment or professional relationship between the applicant and the company must have proven seniority of more than 3 months at the time of application.
- Ensure compliance with obligations towards Spanish Social Security (registration of the company or self-employed worker), unless a bilateral international agreement extends coverage from the country of origin.
Finally, it should be noted that family members (spouse, de facto partner, children or dependent ascendants) may accompany the remote worker by applying for residence jointly or subsequently. The authorisation granted to them has the same duration as that of the holder and gives them the right to work in Spain if they are of working age.