Spain has always been a very attractive country for foreigners who wish to leave behind their lives in their country of residence and start a new project in Spain, a country with an unbeatable climate and a very special and different culture and gastronomy.
However, there is a flaw regarding the different types of residence that a foreigner can apply for, and that is that until now Spain regulates a set of residence permits that in a way, have become obsolete for certain needs of some foreigners who wish to move to live in Spain. By this I mean the specific residence permits for so-called “digital nomads” or for those citizens who can work remotely.
Well, the Spanish Government is currently drafting a law to support start-ups, which includes the drafting of a new residence permit to regulate the residence of this profile of itinerant professionals and many others who choose a more stable teleworking location.
The international telework visa allows digital nomads to enter and reside in Spain for a maximum of one year while working for themselves or for employers anywhere in the world. While the residence authorisation for international telework allows foreigners who are already in Spain on a regular basis or whose telework visa has expired to apply for an authorisation for a maximum period of 2 years.
At the moment, we do not know exactly what specific requirements applicants for telework visas and residence permits will have to fulfil, but as soon as the law is passed, the Ministry of Inclusion, Social Security and Migration will prepare technical instructions with the specific requirements.
However, it will be understood that a national of a third country who is authorised to stay in Spain to carry out an employment or professional activity at a distance for companies located outside the national territory by means of the exclusive use of a computer, telematic and telecommunication means and systems will be considered to be in a situation of residence for teleworking of an international nature.
In the case of exercising an employment activity, the holder of the authorisation for international teleworking may only work for companies located outside the national territory. In the case of professional activity, the holder of the international telework authorisation may work for a company located in Spain provided that the percentage of such work does not exceed 20 % of his total professional activity.
Highly qualified professionals who can prove that they are graduates or postgraduates from universities, vocational training and business schools or who have, where applicable, at least 3 years of professional experience, may apply for a visa or authorisation to telework.
In addition, the following must be accredited:
- The existence of a real and continuous activity for at least one year of the company or group of companies with which the employee has an employment or professional relationship.
- Documentation accrediting that the employment or professional relationship can be carried out remotely.
- In the case of the existence of an employment relationship, proof must be provided of the employment relationship between the employee and the company not located in Spain with which he/she has maintained this relationship for at least the last three months, as well as documentation accrediting that this company allows the employee to carry out the work activity remotely.
- In the case of the existence of 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 under which he/she is going to carry out the professional activity at a distance.
As you can see, we believe that this type of visa will benefit many foreigners who wish to come to live in Spain and continue working abroad.
We will keep you updated and as soon as the law is passed we will give you all the details about what is needed to apply for this permit and who will qualify for it.
Of course, if you are currently interested in moving to Spain, do not hesitate to contact us and we will let you know what options we currently have for you.
Lawyer – Immigration department
Mònica is from Barcelona and she studied Criminology at the University of Barcelona and Law at the Pompeu Fabra University. Since she finished her studies, she has been working with English speaking lawyers in Barcelona, and she has been a member of the Barcelona Bar Association (ICAB), since June 2018. At Lexidy, she is part of the Immigration Department.
Languages: Catalan, Spanish, English.