Question
Has anyone gotten a Spain Digital Nomad Visa with royalties as an author? I’m finally making more than $3000 a month in my book royalties on a steady basis. However, while there is one main source (Amazon), I HIGHLY doubt they’d send a letter for anything, much less a contract.
Context: I am a digital nomad as a financial controller, and I plan to apply under that. However, I’m looking at alternatives if my employer balks at switching me from W2 to Contractor status.
Is this doable? How would one go about it?
Answers
These are the answers of Spainguru’s Spain Digital Nomad Visa group members:
“The difficulty in getting a Spain Digital Nomad Visa with royalties would be meeting the requirement of a contract and a letter giving you permission to work from Spain. As you say, it’s highly unlikely they’d give you these things.
The way around it would be to get the royalties paid into a company rather than direct to you and apply as a contractor to that company. Or to apply for the NLV, as royalties are passive income. But then you aren’t supposed to work while in Spain.”
“Some steps and considerations for navigating this situation:
– Income Verification: Since your royalties are from Amazon, you can’t provide traditional employment verification. However, you can gather other documentation, getting a lawyer to draft it all up on letterhead, such as:
– Bank statements showing consistent monthly income from royalties.
– Sales reports or statements from your Amazon KDP account that detail your earnings.
– Any tax returns or financial statements that demonstrate your income over time.
If you are unable to transition to contractor status with your employer, consider establishing yourself as a self-employed individual or a freelancer. This may involve registering a business entity in your home country or the country where you plan to reside.
It may be beneficial to consult with a Spaniard immigration lawyer familiar with the digital nomad visa process. They can provide tailored advice and help you prepare the necessary documentation.”
“Any chance you have an LLC? You can make it look like you are a contractor for your own LLC. But you have to make it look like you have paid yourself from the LLC for the past 3 months, and you must prove that your LLC is at least 1 year old.”
“Regarding earning from a remote job while in the NLV status, as long as it’s not part of your application, you can get approved on your royalties alone. But you do need to file income tax returns with both Spain and the US once you’re a resident, so your income from your work would be known to the Spanish government, and you would be taxed on it.
They might or might not share that info with the immigration authorities, so you’d be at some risk of being declared in violation of the terms of your visa. However, I haven’t heard of this actually happening.”
“Maybe an NLV instead? But if you meet financial requirements with the NLV, and just omit your work activity, maybe that would suffice? Not legal advice, haha.”
“As a CPA, I could lose my license for shenanigans, so that’s not in my comfort zone.”
Conclusion
Qualifying for the Spain Digital Nomad Visa (DNV) using royalties as your primary income source is possible but challenging due to the lack of traditional employment verification. Applicants may consider forming an LLC or another business entity to meet the contractor requirements.
Alternatively, the Non-Lucrative Visa (NLV) can be an option since royalties count as passive income, though working while on an NLV is not permitted. Consulting with an experienced immigration lawyer is recommended to ensure proper documentation and compliance with visa rules.
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