Question
A question for the rare W2 Americans who have gotten the Spain Digital Nomad visa! I am gearing up to ask my employer if they are willing to pay into Spanish Social Security for me. Are there any resources containing info about what this process is like for the American employer, so I can give them as detailed as possible of an ask rather than just a daunting black mystery box?
Background for those fixing to say “it’s a huge lift, they will say no”—my company just opened a Spanish subsidiary, so presumably they now have someone in HR who knows how to establish relationships with Spanish Social Security and has done it recently. Hence my hopes. That said, all advice is gratefully received, even if it’s naysaying.
Answers
These are the answers of Spainguru’s Spain Digital Nomad Visa group members:
“My lawyer helped me register my employer with Spanish Social Security, and I got the visa as a W2 employee.”
“I asked my employer to switch me from W2 to 1099 this week. We’re a global company with employees all over the world, so I’m holding out hope! I do feel like it’s awkward to ask them to do all this for me, so I’m kinda looking for tips too.”
“If your company just opened a Spanish subsidiary, it should be straightforward. But the issue is, you cannot apply for the Digital Nomad Visa if your company has a Spanish subsidiary. Instead, the subsidiary can apply for the ICT (Intra-Company Transfer) visa for you.
You can’t do this yourself; it has to be the company. The ICT visa is very similar to the DNV, and you can get tax benefits if you meet the conditions. If your company is willing to do this, it’s good news.”
“I wouldn’t be working for the Spanish company; I would remain employed by the American company. The European sister companies don’t fulfill as wide a range of functions as the main American one, and they’ve told me they don’t have a leg to stand on to sponsor me for a visa in any of them, even if they wanted to.”
“If your company doesn’t have a location in Spain, you can still apply for the Digital Nomad Visa as long as your employer agrees to the Social Security requirements. Legal advice is highly recommended in such cases.”
Conclusion
For W2 employees seeking the Spain Digital Nomad Visa, the process requires careful navigation. If your employer is open to registering with Spanish Social Security, obtaining the visa as a W2 employee is possible, as others have successfully done with the help of immigration lawyers.
However, if your company has a Spanish subsidiary, you may not be eligible for the Digital Nomad Visa. Instead, the company can apply for the ICT visa on your behalf, offering a similar residency option with potential tax benefits. Clear communication with your employer and legal advice are key to determining the best route for your situation.
Join our community!
Make sure to join our dedicated Spain Digital Nomad Visa group here!
