The “Startup Law” was published on 22 December 2022. Amongst other things, this law will authorize the entry of international workers with a new type of visa.
This new visa will allow foreign workers to live in Spain and continue working, whether it be as freelancers or as employees in companies located outside of Spain.
Who can benefit from this visa?
This new “digital nomad” visa can be applied for by people who are carrying out an employment or professional activity for companies located outside of Spain, exclusively by digital means: computer systems, telecommunications, and IT.
“As for freelance teleworkers, they will be able to work for a company located in Spain, provided that their percentage of work does not exceed 20% of their total activity.”
Highly-qualified professionals may apply for this visa or the telework authorisation. These are the requirements:
- to have a graduate or postgraduate qualification from a university, a business school, or a vocational training qualification, or
- to have, where appropriate, more than 3 years of professional experience.
All of the above is regulated in Article 74 bis of Law 28/2022 of 21 December on the promotion of the startup ecosystem.
- A national of a third country who is authorised to stay in Spain to carry out an employment or professional activity remotely for companies located outside the national territory – using computer, telematic and telecommunication means and systems only – is considered an international telework resident. In the case of an employment activity, the holder of an international telework authorisation can only work for companies located outside the national territory. In the case of a professional activity, the holder of the international telework authorisation shall be allowed to work for a company located in Spain, provided that the percentage of such work does not exceed 20% of their total professional activity.
- Applications for this visa or telework authorisation can be submitted by qualified professionals who can prove that they are graduates or postgraduates from reputable universities, vocational training and business schools of recognised standing, or that they have at least three years’ professional experience.
Requirements to apply for a teleworking or “digital nomad” visa:
The requirements to be able to apply for this teleworking visa are as follows:
- The existence of a real and continuous activity, for at least one year, of the company or group of companies with which the worker has an employment or professional relationship.
- Documentation accrediting that the employment or professional relationship can be carried out remotely.
- If there is an employment relationship between the worker and the company – not located in Spain – proof must be provided of such employment relationship, for at least the last three months, as well as documentation accrediting that this company allows the worker to carry out their activity remotely.
- In there is a professional relationship, proof must be provided that the worker has had a business relationship with one or more companies – not located in Spain – for at least the last three months, as well as documentation accrediting the terms and conditions of the professional activity carried out remotely.
What are the characteristics of this teleworking or “digital nomad” visa?
This visa is a temporary visa with a maximum validity of 1 year, unless a shorter period of time is specified.
This international teleworking visa is as a permit to live and work remotely as long as the visa is valid.
Once the year of validity has expired, teleworkers who are interested in living in Spain may apply for the residence permit for international remote workers, as long as the conditions that generated the right are maintained.
As for workers who are already legally in Spain, they may apply for this authorisation to telework for a company located outside Spain.
The authorisation will be valid for three years unless a shorter period is applied for.
Through this link you can check out the Spanish Official State Gazette (BOE) where the law is published: https://www.boe.es/boe/dias/2022/12/22/pdfs/BOE-A-2022-21739.pdf
If you have any questions, please do not hesitate to contact us using the form on our website.
