Digital Nomad Visa for Spain

What is the Digital Nomad Visa for Spain?

It arose in Spain with the Entrepreneurs Law and later with the Startups Law, which seek to regulate the work of foreigners in this country and thus support the growth of emerging companies in the country, favoring their capacity for internationalization, in addition to promoting public and private investment in emerging companies, micro, small and medium-sized enterprises. The Startup Law was approved in January 2023.

It is a relatively new visa that consists of a visa that grants foreigners (people without Spanish nationality) a temporary permit to reside in Spain and work remotely in companies that are not domiciled there.

Requirements:

• Application form duly filled out (it can be accessed through the following link https://extranjeros.inclusion.gob.es/UnidadGrandesEmpresas/ficheros/solicitudes/MI_T.pdf).
• Apostilled criminal record certificate.
• Responsible declaration of criminal record.
• Apostilled marriage certificate (in case the foreigner wishes to reside in Spain with his/her spouse).
• Apostilled birth certificate (in case the foreigner wishes to reside in Spain with his/her children).
• At least 3 months of employment accreditation (as a self-employed professional or as a dependent worker).
• Letter from the company in which the foreigner works authorizing him/her to work remotely from Spain and certifying that the work he/she performs can be carried out remotely.
• Bank certificate proving that the foreigner has at least 25,000 euros (in case the application is also for his/her family nucleus, he/she must prove that he/she has 9,441 euros for each family member).
• Certificate of existence of the company for at least 1 year.
• Contract with the company for a minimum of 1 year.

Formalities

This visa must be requested virtually on the website of the consulate of the foreigner’s country of residence and must await approval.

When the foreigner enters Spain, he/she must apply for the residence permit virtually through the website of Unidad de Grandes Empresas de Madrid (UGE-CE), which can be accessed through the following link: https://extranjeros.inclusion.gob.es/UnidadGrandesEmpresas/es/solicitudes/index.htm.

Subsequently, the UGE-CE grants the residence permit which is extended for 2 more years, i.e. 3 years in total and can be renewed with a total extension of maximum 3 years (including the 3 years initially authorized).

Costs and duration of the procedure

To acquire this visa, the foreigner must pay a fee of approximately 80 euros ($406,482 Colombian pesos). The process can take approximately 20 days.

Benefits:

• The years that the foreigner resides in Spain with this visa are taken into account when applying for Spanish nationality and/or permanent residence in Spain.
• The spouse and children can be included in the same application, thus allowing the foreigner acquiring the visa to move and live in Spain with his or her nuclear family.
• It applies not only to Spain but to the entire European Union, allowing the person and his/her family to move freely within the European Union.
• Foreigners are subject to a special tax regime for a maximum of 5 years in which they only have to pay 24% of their income as taxes. After 5 years, the general tax regime is applied.

Restrictions:

Foreigners working remotely in Spain may not receive income there of more than 20% of their total income. Likewise, the company must be domiciled outside Spanish territory.

It is intended for remote workers, i.e., those who carry out their work or professional activity exclusively through the use of telecommunication means, this visa is intended for them to stay in Spain while they continue working for a foreign company or while they continue exercising their profession abroad.

Thus, both employees of a foreign company and self-employed workers may apply for this visa, provided that their business in Spain represents less than 20% of their professional activity.

Do I have to apply for a residency or work permit?

No. The digital nomad visa will be sufficient to reside and work from Spain.

How long is the visa valid?

It will be granted for up to 1 year, depending on the duration of the labor or professional contract.

Can I extend my stay in Spain?

Within 60 days prior to the expiration of the visa, a residence authorization for an international telecommuter may be requested, as long as the conditions are maintained.

Can I access this visa if I am a minor?

No. This visa is only for adults.

Can I apply for this visa from Spain?

It is possible, as long as you are in the country on a regular basis.

Can my family members accompany me?

You may be accompanied by the members of your family relationship, meaning your spouse or permanent partner, minor children and dependent adult children who have not formed a family, and dependent ascendants.

What rights will my family members have?

They will have resident status, but will not be able to work.

References:

• Visa for Digital Nomads in Spain. (2023, January 13). Balcells Group. Retrieved February 1, 2023, from https://balcellsgroup.com/es/visado-nomadas-digitales/?gclid=CjwKCAiAuOieBhAIEiwAgjCvciTWeflC3kgAcZtHMf1NUtM88ZgvHJu22F-qcxPNYP3fpqOnz4P7WBoCx3kQAvD_BwE
• en – BOE-A-2022-21793 Law 28/2022, of December 21, on the promotion of the start-up ecosystem. (s.f.) https://www.boe.es/diario_boe/txt.php?id=BOE-A-2022-21739#:~:text=This%20law%20has%20as%20object,State%20and%20the%20Communities%20Aut%20C3%B3nomas.
• Louis, M. (2023, January 30). Digital Nomad Visa Spain (January 2023) Complete Guide. Planet Nomad. https://www.planet-nomad.com/es/visado-nomada-digital-espana/
• Get to know Spain. (n.d.). https://www.exteriores.gob.es/es/ServiciosAlCiudadano/Paginas/Conoce-Espana.aspx
• França, R. (2023, January 30). Visas for Digital Nomads ⚠️ 40 Countries Open in 2023. Planet Nomad. https://www.planet-nomad.com/es/visas-para-nomadas-digitales/