Our community members in our main Spain Immigration group and our Spanish Digital Nomad group have been asking several questions regarding the soon-to-come Spanish Digital Nomad Visa. We will go through them in this article.
Can I already apply for the Spanish digital Nomad Visa?
The short answer is no for Spanish consulates, who are not accepting digital normad visa applications as of 20th of January 2023.
However you can technically already apply from Spain! The government website in Spain now includes instructions on how to apply for a the Digital Nomad Visa using the UGE platform, and the form to pay the administrative fee has been updated to include this option. It is still unclear if this is a wise decision and there is limited information available on the specific documentation required for the application. Additionally, consulates have not yet provided any information on this process.
The way works in Spain is that a law project is first approved by the government and once it has been approved the new law gets published in the official gazette. This is exactly the stage in which we are now: on December 22nd 2022 the Spanish digital nomad visa was officially published therefore it is a certainty that we will be able to apply for it soon, but not yet.
The law establishes the birth of this new visa but however doesn’t give much detail on the practical side. Therefore regulation is needed in order to be able to start applying for this visa. This regulation must come up before 31st march 2023.
Therefore, all requirements that we find about the digital Nomad Visa are just based on speculation at the moment. We do not know the exact requirements until the new regulation comes up and he’s officially published before that deadline. There is a high chance that there is not too much variation in the answers once the official regulation comes up, however the devil is in the details.
Let’s continue with the most asked questions about the Spanish digital Nomad visa and their answers.
Who can apply?
There are two different categories of foreign individuals who may be eligible for this permit, each with slightly different requirements:
- employed workers who are allowed by their company to work remotely from another country (such as Spain)
- Self-employed workers who have multiple clients or sources of income from online activities outside of Spain.
Depending on whether you are a freelancer or an employee of a firm, there are differences:
- If you are employed by a foreign company, it will be crucial that this company has been in business for at least a year previous to your application. In addition, the employer must explicitly specify that you are permitted to work remotely in your role.
- If you are a freelancer, you must be employed by at least one company (which must be located outside of Spain), and the possibility of working remotely will be outlined in your contract’s terms and conditions.
What are the main requirements to apply for the Spanish Digital Nomad Visa?
- Your current employer(s) and any other organizations with which you are affiliated as a freelancer must be based outside of Spain.
- The amount of income obtained by Spanish businesses (or in Spain) cannot exceed 20% of the total invoiced by the teleworker.
- You must provide proof that you had a working connection with your clients as a freelancer or employee for at least three months before applying for the visa.
- Contract for at least a year with the same business.
- To prove that you have the necessary training and credentials to finish the application, you have two distinct possibilities. demonstrate three years of relevant work experience before applying, or be a graduate or postgraduate of a respectable university, vocational institution, or business school with a reputation for excellence.
- You cannot be barred from entering Spain due to a criminal record. Your criminal history certificate must have a minimum validity of 90 days and be legalized and apostilled in order to be submitted for that.
- Declare that you have not had a criminal record over the last five years.
- You must complete the application form (Link application form in PDF format)
- Pay the administrative fee of form 790 038.
- Hire a private health insurance with nationwide coverage in Spain.
- Bank statement attesting to the main applicant’s ownership of at least €26,000 (plus €7,000 for each additional family member). It will be necessary to provide a straightforward translation if the funds are stored in a foreign bank.
These requirements, again, are based on internet research and are not official requirements.
Is there a minimum income needed to apply?
Again, this is speculation, but internet research shows some figures. For the Nomad Visa to be granted, the remote worker must also meet the government’s minimum income criteria, which in Spain will most likely be twice the minimum salary. Digital nomads must demonstrate that they make at least €2,100, if not €3,000, each month to be eligible for the visa because the current minimum monthly pay is €1,000 in 2022, but there are plans to raise it to around 1100€ in 2023. It is unclear if the yearly figures will have to be a multiple of 12 monthly pays or 14 monthly pays.
If you would like to have more details about the answer to this question, please visit our dedicated article What is the minimum income needed to apply for the Spanish Digital Nomad Visa?
It is worth mentioning, although seems unlikely, in a recent Q/A meeting with Immigration Lawyers, they stated that it may only be required to prove a minimum of 8000€/year of income for one applicant which corresponds to the IPREM Index of the current year, multiplied by 14 pays.
Will the Spanish Digital Nomad Visa count as residency to obtain Spanish nationality?
Like any other residence permit in Spain, this counts or computes to apply for Spanish nationality by residence.
For the granting of Spanish nationality by residence, it is required that it has lasted ten years. Five years will be sufficient for those who have obtained refugee status and two years in the case of nationals of origin from Ibero-American countries, Andorra, the Philippines, Equatorial Guinea or Portugal or Sephardim, as we have mentioned in previous articles and videos.
Therefore, depending on your origin, the amount of residence years needed to be able to apply for Spanish citizenship will vary. In case you are required 10 years of continuous residence in Spain, you will be able to stay on a Spanish Digital Nomad visa for 5 years (having to renew in the middle), and then after those initial 5 years, you will move to a Permanent residence of 5 years. Once the second 5 years end, you will be entitled to apply for Spanish Nationality.
What are the durations of validity and renewal for the Spanish Digital Nomad Visa, and where will I be able to apply?
There are (or will be) two different application options:
- It is possible to apply for residency as a digital nomad directly from Spain during the first 90 days with a tourist visa. In this case, a residence card will be obtained for 3 years (unless it is requested for a shorter period of work), which can be renewed every 2 years (it being possible to apply for long-term residence at 5 years, and nationality at 10).
- It is possible to start the application process at the Spanish consulate in the country of origin. In this case, a 1-year visa would first be obtained which could later be modified to a 3-year residence card.
These options, again, are based on internet research and it is not clear how they will be implemented.
What will be the Tax benefits of the Spanish Digital Nomad Visa?
Obtaining a Digital Nomad visa in Spain offers tax benefits for holders. They can apply for the improved Non-Resident Income Tax Regime, which allows for a flat tax rate of 24% on income up to 600,000 euros, instead of the progressive rate that can reach up to 47% for residents. To be considered a non-resident for tax purposes, applicants must initiate a separate process with the Spanish Tax Agency within six months of obtaining their residency authorization. This special regime is called Ley Beckham, and you can read everything about it here.
This special tax regime will be extended for five years as long as the individual maintains their residency as a Digital Nomad and then switch to the general regime. Digital Nomad visa holders can also request the deferral of the IRNR (Non resident Tax) in the first and second year with a positive taxable income, without interest. Additionally, they will not have to pay wealth tax or make the informative declaration known as model 720.
However, we have also found the following information online: Under the Startup Act, digital nomads who choose to remain in Spain will receive substantial tax breaks, including the ability to pay non-resident income tax rates (IRNR) rather than resident income tax rates (IRPF). As a result, they would only be required to pay tax at a lower rate of 15% on their personal income for a maximum of four years, as opposed to the average tax rate of 24%.
As you can see, until we see the final official regulation, this is left to speculation.
What dependents may I bring to Spain on this visa?
Your partner, spouse, and minor children. You must show that your children over the age of 18 are reliant on you financially and do not have their own separate family if you want to bring them along. You need to demonstrate that you are in charge of your parents in this situation.
Will I be able to move freely throughout the EU with this residence card.
Yes, with this residence card, you can travel freely inside the EU.
We will be adding more questions and answers, as they continue to come up among our community members. Make sure to join our Facebook group for Spanish Digital Nomad Visa.
This article is no legal advice and is based in personal internet research. If you are seeking for professional immigration experts, Spainguru has vetted the best lawyers in Spain, to whom you can request an online consultation here.
