I got my approval today for 3 years! I applied myself as a 1099 employee with one US client and Spainguru’s Spain Digital Nomad Visa group was super helpful for understanding the process and what to submit so if anyone has any questions I’m happy to answer them.
Questions and Answers
Documentation and Apostilles
Q: Can you send the list of docs + what need apostille?
A: Two docs that needed apostille: the articles of incorporation (I only have one client so only one articles) and my FBI background check. These two documents were also certified translated.
Besides that I submitted: a pdf I made containing a scan of every page of my passport with the entry stamp to Spain highlighted with an arrow, a pdf (in Spanish) containing my responsible declaration about having no other criminal history, tasa 038 modelo 790 along with a scan of the receipt of an ATM I got when I paid the fee, a letter (in Spanish) containing a pledge to register for social security, my contract with the one client with the duration section, the page that’s signed, and one page with important details certified translated, a letter from my client (certified translated) stating my job responsibilities, minimum income, permission to work in Spain, and some details about how the name the payments have in my bank statements, a letter (certified translated) from a previous employer in a similar job stating I have more than 3 years work experience, a copy of my CV done in Spanish (I did this myself with the help of a little bit of Google translate for technical terms I don’t have the vocab for), a big pdf I made that had a cover letter I wrote (in Spanish) explaining that it contained 3 months of bank statements and then three months of invoices, in the bank statements I annotated them with black to redact all other transactions and other personal information such as account numbers and added numbers for each transaction that matched the invoice numbers. I also added my own translations to the dates so it was easy for them to read. All of these modifications I explained in the cover letter to make It easy for them. Final thing was the filled out MIT form.
| Document | Details | Apostille Required |
|---|---|---|
| Articles of Incorporation | Only one needed as there is just one client. Also, sworn translated. | Yes |
| FBI Background Check | Sworn translated. | Yes |
| Passport Scan PDF | Contains scans of every passport page with entry stamp to Spain highlighted. | No |
| Criminal History Declaration | PDF in Spanish declaring no criminal history. | No |
| Tasa 038 Modelo 790 | Along with a scan of the receipt from an ATM payment. | No |
| Social Security Registration Pledge | Letter in Spanish pledging to register for social security. | No |
| Employment Contract | Includes the duration section, signed page, and a page with important details. All sworn translated. | No |
| Letter from Client | Stating job responsibilities, minimum income, permission to work in Spain, and payment details. sworn translated. | No |
| Experience Letter | From a previous employer, stating over 3 years of work experience in a similar job. sworn translated. | No |
| CV | Written in Spanish, translated personally with some help from Google Translate for technical terms. | No |
| Financial Documentation | A large PDF with a cover letter in Spanish explaining the content: 3 months of bank statements (personal info redacted) and invoices. Each transaction in the bank statements matched the invoice numbers with own translations for dates to facilitate reading. | No |
| MIT Form | Completed and submitted. | No |
Visa Duration and Contract
Q: What is the duration of your contract and does this impact you in any way?
A: The visa is granted for the length of the contract so I got my client to write a contract with a 3-year length. Indefinite contracts also work.
Application Process
Q: Did you do it all yourself or did you use a company to help at all?
A: I did it myself but I’m a pretty details oriented person and helped someone apply for a tourist visa to Canada before so had some small amount of experience with collecting/translating a bundle of documents.
Approval Timeline
Q: What was your timeline of approval from submittal?
A: It came on exactly the 20th working day, I used this website and you start counting the day after you submit it: Business days calculator in Spain.
NIE Acquisition
Q: How did you get your NIE?
A: I printed and filled out form EX-15 as well as tasa 790-012. Then I found the contact information for the honorary consulate that was close to me and emailed them saying I needed to get an NIE and why. We made an appointment, I went to the honorary consulate with a copy of the data page of my passport and the original, the person at the honorary consulate stamped it, and I then sent the two forms and the stamped copy of my passport with a money order for the fee to the regular consulate and got my NIE via email a few weeks later.
Questions and Answers on Employment Status and Eligibility
Q1: Does being a 1099 worker mean your company treats you as a contractor or an employee?
A1: Being a 1099 worker in the U.S. means you are an independent contractor, not an employee.
Q2: As a 1099 worker, does this mean you are considered “autónomo” (self-employed) in Spain?
A2: Yes, as a 1099 worker, you would be considered “autónomo” or self-employed in Spain.
Q3: Are you eligible for the Beckham Law as an independent contractor?
A3: Eligibility for the Beckham Law as an independent contractor can vary, and it’s best to consult with a legal advisor who specializes in Spanish tax law to determine specific eligibility.
Q4: Is being a 1099 independent contractor only applicable to working for yourself, or can it include working for a company?
A4: As a 1099 independent contractor, you can work for yourself or contract your services to one or many companies, invoicing them for the work you perform.
Q5: I heard that the Spain Digital Nomad Visa (DNV) requires you to be employed by a company rather than self-employed. Is this true?
A5: No, that’s not entirely accurate. While some countries might have specific requirements, for the Spain Digital Nomad Visa, you can be an independent contractor. This means you can be self-employed and do contract work, which is a situation seen often among U.S. applicants.
Q6: There seems to be some confusion about being self-employed versus being an independent contractor. Can you clarify?
A6: Yes, there can be a distinction, but in many cases, being self-employed and being an independent contractor are used interchangeably. However, for visa applications, the term “independent contractor” usually refers to an arrangement where you are not an employee but rather provide services to other businesses as a separate entity.
Conclusion
Navigating the Spain Digital Nomad Visa application process as a 1099 employee involves thorough preparation and understanding of the documentation required. Key aspects include ensuring documents are properly apostilled and sworn translated, the contract duration aligns with the visa period, and understanding how to handle your own visa application efficiently.
