Question
So let me understand this properly, to get this visa and work from home I have to have 3 years at the company, the company needs to agree to me working from Spain, and after 3 years unless I go self-employed I have to return to England?
Answers
“Sorry to jump on. I’m self-employed with 100+ clients. So I’d need consent from every client that they are happy for me to work from Spain?”
“Your clients need to be businesses of one year old or more. You need ongoing contracts with each one you use to make up the qualifying amount. For each, you’ll need a contract, a letter to say you can work in Spain, and the certificate of good standing with the apostille.
All will need sworn translating. If you have many clients, or short contracts it may make sense to create your own company and then be employed or contracted by that company.
But… the company has to have been in existence at least one year.”
“No. Whatever setup you use to apply (whether it’s an employee /employer relationship or a client/service provider one) you have to have had it for the preceding 3 months minimum
The company or companies have to have been in existence one year
Yes, any employer or clients have to agree to you working from Spain
If applying as employed, unless your employer is happy to register and pay your social security in Spain (expensive) you’ll need to get the A1 certificate.
HMRC will only issue these for max 2 years minus one day. So your visa will only be until the end date of the certificate. As things stand it doesn’t look like it’s renewable, so if you wish to renew the visa you’ll have two options; either your employer will need to register and pay your SS in Spain, or you’ll need to become self employed with your employer becoming your client.”
“the A1 is an EU wide certificate that allows temporarily posted workers to work in another country. That’s what it was designed for. It wasn’t designed for people who’d move is more permanent as you are supposed to pay SS where you live. The fact that DNV holders manage to make use of it is actually slightly surprising”
Conclusion
Successfully applying for and maintaining the Spain Digital Nomad Visa demands a thorough understanding of complex regulatory requirements. For self-employed individuals and remote workers employed by their own companies, the challenges extend beyond mere eligibility.
They encompass acquiring the necessary client consents, ensuring contracts are compliant and properly documented, and navigating the intricacies of Spanish social security and tax obligations.
The importance of these requirements cannot be overstated, as they are critical not only for securing the visa but also for sustaining legal work status in Spain.
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