Abogados Alicante

Spain Digital Nomad Visa:
Work remotely

Brief presentation of Digital Nomad Visa in Spain

The digital nomad visa is the most anticipated type of visa of the year, as it will allow citizens of other countries to work from home in Spain and reside legally while working for overseas companies.

The Spanish government finally announced on 3rd November 2022 that the draft of the Startup Law containing the requirements and regulations regarding the digital nomad visa has been approved and is expected to come into force on 1st January 2023.

What is the spanish digital nomad visa?

To apply for a traditional work visa you need a contract with a Spanish company or a letter of invitation, so for those who work remotely it becomes complicated to apply for this type of permit, which is why the digital nomad visa has been introduced.

This visa is designed for people who want to choose Spain as their place of residence while working remotely for a foreign company without headquarters in Spain, either as freelancers or as employees. In both cases it is necessary to have the approval of the remote work by the company contracting the services and, in addition, to demonstrate that the work to be carried out can be carried out in a non-presential manner.

Consequently, the visa for digital nomads will allow remote workers the possibility of staying in Spanish territory for a longer period of time.

Who can apply for a digital nomad visa for Spain?

All those Non-EU nationals (including British) who work for companies not located in Spanish territory, who can carry out their work remotely and who, in addition, have the agreement of the company or companies to which they provide services. 

In this sense, it is necessary to highlight that the two most important criteria that qualify applicants are:

  • That they work for a non-Spanish company.
  • That the percentage of income obtained from Spanish companies does not exceed 20% of the total in any case.
Obviously, the first criterion is aimed at people hired by a company, while the second focuses on freelancers who can sell their services to different companies, always complying with the limit of 20% of income from Spanish companies.

How long does the visa for digital nomads in Spain last?

As it has not yet been approved, the exact duration is not known, but it is expected to last for one year and to be renewed for another two years if the requirements are maintained. So we are looking into 5 years.

What are the requirements to apply for this type of visa?

We do not know for sure, but from the draft law, we could say that these will be some of the requirements.

  • Be a highly qualified professional (university degree or postgraduate degree), vocational training and business schools.
  • Have a minimum professional experience of 3 years.
  • Prove real and continuous activity for at least one year with the company by which you are employed or have a professional relationship with.
  • Demonstrate that remote working is permitted for the type of activity being carried out.
  • In the case of being employed by a company, proof must be provided of at least the last 3 months’ relationship with the employer, as well as documentation in which the company authorises the worker to work remotely.
  • In the case of a professional relationship, proof must be provided of the business activity with the company for at least the last 3 months, as well as the documentation in which the company authorises in its terms and conditions that the activity can be carried out remotely.

What taxes do digital nomads have to pay?

Digital nomads have to pay IRNR (non-resident income tax). Until now, this tax was only for those workers who did not stay in Spain for more than 183 days.

How can I apply for a digital nomad visa in Spain?

It is still not entirely clear, but it is most likely that the process will have to be initiated at the Spanish consulates of the country where you are residing at the time of application.

What are some of the benefits of the visa for digital nomads in Spain?

The first major advantage will be having to possibility of working remotely for overseas companies whilst living in Spain.

Living in Spain brings great advantages such as the weather, the excellent food, the culture, the great places to see, the spectacular beaches to relax, among many more, plus the fact that economically Spain is one of the best countries to live in.

Frequently Asked Questions

It is expected to be available in January 2023.

Some of the European countries that already have the digital nomad visa in place are Portugal, Croatia, Estonia and Hungary.

As with other types of visas, foreign nationals who obtain this type of visa can include their family members, but as with other types of visas, they will have to prove the family connection. 

The visa is available for all nationalities that do not belong to the European Union, the European Economic Area or Switzerland. 

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