Global Mobility – Digital Nomad

Mar 28, 2023 | Audiconsultores, Legal Flash

The Digital Nomad Visa is available for non-EU citizens (either employed or self-employed) who want to establish themselves in Spain and work remotely for foreign companies. The non-EU citizen who intends to carry out an employment or professional activity at a distance and who can prove any of the following circumstances: graduate or postgraduate from a university or business school of recognized prestige, has professional training and accredits more than 3 years of professional experience.

For the regulation of this visa, the Law differs depending on whether the applicant is an employee or a self-employed person, in this case, the applicant can only work for companies located outside Spain or self-employed workers, the professional can work for foreign companies and for companies located in Spain without exceeding 20% of the total turnover of their professional activity.

Applicant requirements:
– Be over 18 years of age and not to be irregularly present in Spanish territory
– Not to have a criminal record in Spain and in the countries where he/she has resided during the last two years.
– Not to appear as rejectable in the territorial space of countries with which Spain has signed an agreement in such a sense.
– To have a public insurance or a private health insurance arranged with an authorized Company in Spain
– Have sufficient economic means for themselves and their family members during their period of residence in Spain.

Company requirements:
– The existence of a real and continuous business activity for at least one year of the company or group of companies whom the applicant maintains an employment or the professional relationship.
– Documentation proving that the employment or professional relationship can be carried out remotely.
Depending on the employment or professional relationship:
– In the case of an employment relationship, the existence of this relationship between the worker and the company not located in Spain for at least the last three months prior to the submission of the application must be accredited, as well as documentation proving that the company allows the worker to perform the work activity remotely.
– In the case of the existence of a professional relationship, it must be proven that the employee has maintained a professional relationship with one or more companies not located in Spain for the previous three months, as well as documentation proving the terms and conditions under which he/she will carry out the professional activity at a distance.

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