There’s a lot of confusion surrounding the eligibility of a company director for the Spain Digital Nomad Visa (DNV).
Contrary to common misconceptions, company directors, including sole owners and those who operate with their spouses, are eligible to apply for the visa.
Key takeaways
- Directors of companies in various configurations have successfully obtained the Digital Nomad Visa.
- A crucial requirement is having a contract between the director and their own company, ideally signed by another authorized signatory of the company.
- Necessary documents include three months of invoices or dividends, personal bank statements showing payments from the company, a letter from the company authorizing remote work in Spain, and a Certificate of Good Standing or similar document proving the company has been operational for over a year.
Question and Answers
Isn’t applying this way still the same as autonomo when it comes to paying social security tax in Spain and such?
Answer: Applying as a Director/Partner is distinct from being self-employed or autonomo. Directors can be employees or self-employed, which does not directly tie to the autonomo status until after visa approval.
Speaking of spouses, the requirements I’ve seen state that the marriage certificate must have been issued within the last three months, but the “issue date” on ours is from years ago when we got married. Are they referring to the issue date of the apostille itself?
Answer: The requirement typically refers to a recent apostille, not the original issue date of the marriage certificate. This ensures that the document verification is up-to-date for administrative purposes.
How can someone sign as I am a sole owner of my company?
Answer: If you are the sole owner, you typically sign the contract yourself. However, it’s preferable if the contract can be signed by another party like an accountant or a company representative to avoid dual-signing in the same capacity.
How is this different than going autonomo? We’d still have to pledge to become autonomo and pay into SS?
Answer: While directors may still need to register as autonomo after obtaining the visa, the initial application process and criteria differ significantly. This registration only becomes necessary after visa approval, not during the application process.
Do you need to prove you have a contract with an external client if you’re paying yourself as the director of your own company?
Answer: No, the contract between yourself and your own company suffices. You need to show consistent income through this arrangement, not necessarily contracts with external clients.
How would this method work in terms of taxes as opposed to going through as autonomo?
Answer: There is no difference in the application process for directors in terms of the required documentation. However, tax implications may vary based on whether you are considered an employee within your company structure or self-employed.
What if the company is less than a year old?
Answer: The company needs to be more than one year old as per visa requirements to demonstrate stability and operational history.
If we are granted a 3-year DNV, are we required to report our income for the entire duration? What happens if we change jobs or receive income from different sources during that period?
Answer: You must maintain the minimum income requirements and report any significant changes to your employment or income sources to the authorities. Changes could potentially affect the status of your visa.
