Update December 22nd 2022: The Entrepreneurs law was published on the Official Gazette BOE, here’s the link.
We are closer to finally having a law that regulates the creation and growth of innovative and emerging companies in Spain and that will make it possible to attract the well-known “Digital Nomads”.
A few weeks ago the Draft of the also called Startups Law was approved by the Ministry of Economic Affairs and Digital Transformation, also bringing with it new developments in terms of foreigners.
What is the Startups Law?
The Startups Law is a regulation that is expected to correctly collect all the singularities of these entrepreneurial and innovative companies. In addition, they also want to respond to the demands that have been made to the Government by these companies.
In short, it is intended to attract talent, and international capital to Spain and offer these companies and workers tax benefits.
What is a Digital Nomad, exactly?
Lately and after the Covid-19 health crisis, we started to notice a new way of working and the different opportunities that we can find with remote work.
But what is a digital nomad? The Digital Nomad is a person who, through the internet, can develop an entrepreneurial activity online. Thanks to this way of carrying out this type work, he or she is able to move and travel around the world, changing his or her residence on a regular basis.
It is not only a new way of working, but also a lifestyle with great freedom of movement.
A new visa that permits to work remotely from Spain
This law draft includes a new visa that permits to work remotely from Spain.
Specifically, what is intended is to introduce a new visa and residence and work authorization in Spain through the well-known Entrepreneurs Law, through which you can live in Spain and work for companies that are outside our country.
In addition, it allows the possibility of teleworking for companies located in Spain, meeting a series of requirements.
Until now, this type of workers had benefited from the already known Non-lucrative Visa, in this case they could only work remotely for companies outside of Spain, since they only had a residence permit only, and not a residence permit and a work permit.
International remote workers
This type of authorization and visa may be accessed by those who work or have a professional activity remotely for companies located outside of Spain, through the exclusive use of computers, or telematic and telecommunication means and systems.
In addition, for those self-employed teleworkers, they may also work for a company located in Spain as long as the percentage of this work does not exceed 20% of their total professional activity.
Highly qualified professionals who prove:
- To be graduates or postgraduates of universities, vocational training and business schools
- or that they have, where appropriate, professional experience of at least 3 years.
Will be able to apply for this visa.
Visa requirements to work remotely from Spain
The requirements that have been established in this draft Law for this new visa and authorization in Spain are the following:
- The existence of a real and continuous activity for at least one year of the company or group of companies with which the worker maintains an employment or professional relationship.
- Documentation proving that the employment or professional relationship can be carried out remotely.
- In the event of the existence of an employment relationship, the employment relationship between the worker and the company not located in Spain with whom he maintains said relationship must be accredited, at least for the last three months, as well as documentation that proves that said company allows the worker to carry out the work activity remotely.
- If a professional relationship exists, it must be demonstrated that the worker has a commercial relationship with one or more companies not located in Spain for at least the last three months, as well as documentation proving the terms and conditions under which the worker will carry out the professional activity remotely..
The process to apply for the Visa to work remotely from Spain
Non-resident foreigners who intend to enter Spanish territory in order to work remotely for a company not located in Spain will apply for an international teleworking visa that will be valid for a maximum of one year (unless requested for a shorter period of time).
The Digital Nomad visa will be sufficient to reside and work remotely from Spain during its validity period.
Once the validity of the visa has expired, teleworkers who are interested in residing in Spain may request the residence authorization for international remote workers, as long as the conditions that generated the right to apply for it are maintained.
In addition, workers who are already legally in Spain may request this authorization in order to work remotely for a company located outside of Spain.
The validity of the authorization will be valid for two years unless it is requested for a shorter time.
It seems that this type of authorization will be processed by the Unidad de Grandes Empresas y Colectivos Estratégicos (Large Companies and Strategic Groups Unit).
Can I apply for this visa right now?
No, it is not possible. At the moment it is only a draft law and it is in an initial phase, so the text may undergo many modifications.
