Become a Digital Nomad
Work remotely for your company and live in Spain. We provide comprehensive assistance during your stay: visa, taxes and real estate.
Do you want to stay in Spain as a Digital Nomad? Our tax and immigration lawyers offer comfortable relocation. We will guide you to the desired outcome, whether you are new to Spain or have lived here before.
How can a lawyer help with the Spanish nationality?
Depending on your work plans for Spain, you may apply for one type of residence permit or another. Therefore, it is beneficial to have a lawyer who is knowledgeable about the specific legal process you are going through. This can help make the overall experience more smooth and comfortable.
It’s helpful to have someone experienced to guide you since each type of permit has its complexities. In addition, they can help you figure out what the administration is looking for in each case.
Lexidy’s immigration lawyers can support you with the application process and visa interview. They have extensive experience guiding clients with supporting documentation, such as medical certificates and translated criminal record checks.
Once Spain introduces its new law for remote workers, it will be essential to work with a lawyer.
¨We will be with you each step of the journey.¨
How to obtain a Visa for Digital Nomads?
If you plan to work and reside in Spain, it is vital to consider your job circumstances. The Non Lucrative Residence Permit or the Business Activity Residence Permit are the two main types of residence permits in Spain. The new residence permit for remote workers is also an option to consider.
Process of becoming a Digital Nomad in Spain
- You need to apply for the Non Lucrative Residence Permit and the Business Activity Residence Permit at your local Spanish Consulate. You need to allow for the time it will take to gather all the required documents, with their legalisations and translations.
This gathering may take around four to six weeks. However, there’s also the time needed to have the company established for the Business Activity Residence Permit.
2. Once the application is presented at the Consulate, the Spanish administration will have 90 days to resolve the application. Then, if your application is approved, you will be able to enter Spain. You can apply for your Foreigner Identity Card, known as a TIE, by registering with the Town Hall.
The applicant has 90 days to apply for this residence card. Then, after residing for ten years in Spain with this permit, the holder can apply for Spanish citizenship.
*For the Business Activity Residence Permit, the holder must register with Spanish Social Security.
Types of Digital Nomad Visa in Spain
Apply for Business Activity Residence Permit if:
You want to set up a company in Spain and work as its administrator
If you want to establish a company in Spain, you can act as its administrator. You must first create and register your company with the appropriate registry before applying for a Business Activity Residence Permit. All required documentation must be submitted with your application.
The company will need a legal representative appointed in Spain to start any activity before obtaining the residence permit. This representative must be a Spanish citizen or a resident of Spain.
You will need to find a place to work in Spain. You can choose an office, a co-working space, or your home if you can work from there.
You wish to work as a freelancer
Freelancers in Spain have different limitations for working remotely. Even if the clients are international, they must register with Spanish Social Security if they plan to invoice clients.
Therefore these freelancers can’t apply for a Non Lucrative Residence Visa. Instead, they must apply for the Business Activity Residence Permit.
The application must be filed with the Spanish Consulate in your country of residence with all the necessary documentation.
Apply for Non-Lucrative Permit if:
A Director of a foreign company
The Non Lucrative Residence Permit is available to foreign company directors who wish to reside in Spain. You don’t need to register your foreign company with Spanish Social Security if it issues invoices in its registered name.
An Employee of a foreign company
Employees of a foreign company who work remotely in Spain don’t need to register with Spanish Social Security. Instead, they can apply for a Non Lucrative Residence Permit.
Some Spanish Consulates have begun requesting a signed letter of resignation from both the employer and the employee. This ensures that the Non Lucrative Residence Permit applicant will not work in Spain remotely.
Several of Spain’s consulates have their mitigating criteria when assessing visa applications, even though this is not required by law.
How to relocate to Spain?
Spain is a popular destination for people who want to start fresh in a new country. Starting a new project in Spain is attractive to many thanks to its unbeatable climate, unique culture and world-leading gastronomy.
It can be difficult for people from other countries to understand which type of residence permit they should apply for. You can apply for a residence visa to work remotely in Spain as a “Digital Nomad”.
Remote workers have a wide variety of immigration opportunities.
There are two types of residence permits available for ex-pats: the Business Activity Permit or a Non Lucrative Residence permit. The type of permit you can apply for depends on your country of origin and job details.
As well we share an understanding of how to avoid double taxation. Our lawyers secure effortless migration while helping to save your money and time. Your opportunity to enjoy Spain’s “Estilo de Vida” is just an application away.
The Spanish Government is currently drafting a law to support start-ups. This will include a new residence permit for professionals whose lifestyles are aimed at remote work. This is the so-called International Telework Visa and is designed for Digital Nomads.
The International Telework Visa will be the faster and more affordable route for moving to Spain. It avoids the costs associated with the Golden Visa program and buying a property in Spain.
The future International Teleworking Visa:
The International Telework Visa will allow foreigners to enter Spain and work for themselves or employers based in another country. It will be valid for one year. However, foreigners who are already in Spain will be able to apply for a maximum of two years.
The application’s requirements have yet to be decided, but the law is expected to be introduced in 2022.
Find your Immigration Lawyer
Frequently Asked Questions
This person can stay in Spain and work remotely for a company based outside of Spain. However, they must work exclusively with a computer or digital means, and the work can be full time.
The person must only work for companies located outside of Spanish territory.
Furthermore, skilled professionals with university or business school degrees can apply for the visa. So too can those with specific vocational training and, where applicable, at least three years of professional experience.
There are three different profiles of ex-pats who could benefit from the new residence permit:
- Foreigners with remote jobs for a company outside of Spain. Typically, they are part of a remote team working from home or anywhere.
- People who have different online income sources and travel from one country to another.
- The Spanish government is introducing a new visa for foreign workers in the entertainment sector.
The international telework visa allows you to work for a company in Spain. However, the work cannot make up more than 20% of your total professional activity.
The government is still drafting the law.
The bill will be debated in Congress, and a vote will occur. However, it will not become active until the law is approved.
The residence and work permit process is independent of the Tax regulations and its authorities. If you stay in Spain for at least 183 days in a year, you will become a tax resident.
However, many countries have signed a Double Taxation Agreement with Spain to avoid charging additional taxes.
We will need to understand how the tax authorities will treat this income and the general requirements for worldwide income in Spain.
Our Tax colleagues can provide more accurate information, percentages and amounts regarding your tax status. They can also prepare an estimate to help you clarify your obligations once you reside in Spain.
If you want to work as a company administrator and legal representative in Spain, you need a work permit. This is required to hire employees, file tax returns and sign legal documents on the company’s behalf.
You don’t need a work permit as an investor who owns shares in a Spanish company and receives dividends.
We review existing business plans and can also connect you with a business plan expert within our partnership network. We collaborate with many partners, and our trusted business plan experts can create a business plan from scratch.
The company’s legal representatives must have a valid residence and work permit.
These administrators must have extensive powers over the company’s operation and activity. In addition, the company’s corporate governance must be clarified in the bylaws when the company is being created in Spain.
Our Corporate Department can assess your case and confirm if your company structure and internal representatives are feasible. They can also help:
- register the company’s name
- prepare the bylaws
- register the company in Spain
- open its corresponding bank account
- register with Social Security
- handle regular submissions of corporate compliance documents
There’s no requirement, but creating an entirely new business is a long process. The decision should be based on the plan and structure that interests you the most.
Typically, you can show savings in a bank account or proof of regular passive income. The latter can be a state pension, investment dividends or rental income from properties.
The income from this source must be steady for the duration of the permit. This is for one year initially, and then two years for renewal.
Both regular passive income and savings can cover the minimum amount required.
If your company does not have a regular income, you can invest in company shares and help out. However, it cannot be active work.
We recommend applying for the Non Lucrative permit if you plan to receive income this year. Typically the authorities require six months of bank statements for work-related income or salaries. The Non Lucrative permit does not grant the holder a work permit.
The holder must have health insurance from a company authorized to operate in Spain.
Our immigration lawyers can verify whether the insurance provider meets the Ministry’s requirements. Most international insurance providers do not meet these requirements.
The policy must have the same cover as the Social Security does without co-payments to avoid medical tourism.
For Non Lucrative visas, applicants must visit the Consulate twice.
They must provide originals and copies of the required documents at the first appointment. Once the permit is granted, the applicant must return to have the visa document added to the passport.
The Consulate shouldn’t keep your original passport, and, generally, the same applies to any original document you may need urgently. However, you should keep the original and leave the copy at the Consulate once they have ensured they are identical.
Some Consulates have altered the process by allowing submissions via post or email. In these cases, they may require original passports or notarized copies to be sent.
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