At the end of December 2022, on the eve of the Christmas holidays in Spain, a new law on the promotion and support of start-ups came into force. In the media, it immediately began to be called the «Startup Act» – Ley Startups. The law determines which companies fall under the «startup» category, sets mandatory requisites and requirements for the establishment of such companies, their subsequent taxation, attracting investments, government assistance, etc. But the new law also affects the rights of foreigners.
The main innovation in the field of migration law due to the adoption of the Startup Low is a new type of visa provided for foreign workers who plan to live in Spain, but at the same time, work for hire or for themselves for employers/customers located outside Spain. In other words, it’s about a remote worker visa, which is subject to the well-known Law on Entrepreneurs, which regulates the issuance of Golden Visas and the Residency Permit for Investors.
Spain, making life easier for remote workers, aims to facilitate and simplify the relocation of start-ups to its territory, first of all, small companies, micro-firms operating in the field of digital and IT technologies, as well as attract talented professionals and foreign investments.
Who Can Get the New Digital Nomad Visa
In Spain, foreign professionals working for hire can count on obtaining a visa for remote workers under employment contracts, and for themselves as professional entrepreneurs. It is important that the employer or customer is located outside of Spain, and the nature of the work remains exclusively remote, electronic, telematics.
Spanish legislators have taken into account that self-employed entrepreneurs can work with several customers at the same time, and that Spanish companies may be among these customers. Therefore, collaboration with local firms is also allowed, if it takes up no more than 20% of the total volume of professional activity.
Highly qualified foreign specialists are elegible to obtain a visa for remote workers in Spain having:
- Higher or postgraduate education, or a relevant professional education or business school diploma;
- At least 3 years of professional experience in the required field.
All of the above requirements are enshrined in Article 74 bis. Law 14/2013, of September 27, on Support for Entrepreneurs and Their Internationalisation.
Main Eligibility Requirements for a Visa for Remote Workers in Spain
In Spain, remote workers who are planning to obtain the digital nomad visa are subject to the following requirements:
- Have at least one year of real and continuous work with foreign employers/customers;
- Prove the remote nature of the work with relevant documents;
- In the case of employment, prove the employment relationship with the current employer within the last three months, and, also, prove that this employer allows you to work remotely;
- In the case of working as a professional entrepreneur, prove the commercial relations with customers located outside Spain within the last three months, and document that the customer/customers agree to get the job execution remotely.
Visa and Residence Permit for Remote Workers in Spain: Duration and Extension
The default visa validity is one year, except when the visa is initially requested for a shorter period.
A foreign specialist who has received a visa for remote workers in Spain has the right to reside in the country and work for the entire visa duration.
After the first year, the visa can be reissued into a residence permit with the right to work for remote workers (Residencia Para Trabajador a Distancia Internacional), of course, provided that the foreign citizen continues to meet all the requirements and conditions. The application can be submitted within 60 days before the expiration of the visa only in electronic form. As with all types of investor residences, the application processing time takes 20 days. At the same time, the validity of the residence permit, in case of positive decision, will be 3 years, except when it is requested for a shorter period of time.
As with all types of Golden Visa, the visa for remote workers in Spain must be processed through a Spanish Consulate in the applicant’s country of residence. If the applicant stays already legally in Spain (entered with the visa we described, with a different visa, has a different residence permit, etc.), he has the right to request a residence permit for remote workers right on the spot. In case of a positive decision, such a residence will be issued for a maximum of 3 years with the possibility of extension (currently, the law provides for extension of the residence every two years).
