At the end of 2022, an important addition was made to Spanish migration legislation: the law on startups came into force and a new type of visa appeared – the digital nomad visa. The new visa has given all foreign telecommuters a real chance to legally move to Spain for permanent residence. In this case, the work format can be any: both as an employee and as an individual entrepreneur with one or several customers.

The digital nomad visa in Spain has become another subtype Golden visa. Let us remind you that the issuance and extension of golden visas, as well as investor residence permits, are regulated by a special law – the Law on the Support of Entrepreneurs and Their Internationalization. For all applicants and members of their families, a simplified and expedited process for processing documents is provided, requirements and conditions are minimized.

All this is explained by the fact that Spain is trying to attract as many foreigners as possible who are beneficial to it from one side or another: investors who are ready to invest in the Spanish economy, entrepreneurs who want to develop innovative projects in Spain, highly qualified specialists, and now remote workers who are employed or have developed their own client base, who do not plan to take away jobs from the local population, but are ready to live in Spain, pay taxes here, spend the money they earn, etc.

Digital nomad in Spain: employee and employer or entrepreneur and customer

An applicant seeking a digital nomad visa may be in one of two statuses:

• In the status of an employee working under an employment contract for an employer;
• In the status of an individual entrepreneur fulfilling orders of a client (clients).

Both the employer and the client must be located outside Spain, and all work activities must be carried out exclusively remotely.

Of course, in the case of conducting professional activities as an entrepreneur, there may be more than one customer. And it may even happen that among them there will be local Spanish companies or other entrepreneurs – after all, a digital nomad, even before the introduction of the new visa, could have developed an extensive client base and had customers in different countries, including Spain. New Spanish legislation allows foreign entrepreneurs applying for a digital nomad visa to have professional connections with local clients, but limits them to 20% of their total activity.

Spain has the following requirements for a digital nomad:

• have a university or post-university education from a recognized educational institution;
• or have a professional education or diploma business schools (the educational institution must also be recognized);
• or have at least 3 years of professional experience.

Digital Nomad Visa in Spain: Basic Requirements and Conditions

Remote work must meet a number of conditions and requirements:

• The company, group of companies, customer or customers with whom the digital nomad has an employment or professional business relationship must confirm that they have been conducting actual continuous economic activity for at least a year. Those. labor relations with newly created companies will not work.
• Remote work must be documented.
• Employees must have an employment relationship with their last employer for at least 3 months, and the employer must provide written consent to the remote nature of the work.
• Entrepreneurs must have a contractual relationship with their customer or customers for at least 3 months, and the customer or customers, in turn, must provide written consent to the remote nature of the work.

Digital Nomad Visa in Spain: Additional Requirements and Economic Status

Additional requirements:

• The applicant must not be in Spain illegally, nor be prohibited from entering Spain.
• The applicant must not have a criminal record.
• The applicant must have health insurance from an authorized insurance company, providing full coverage throughout Spain without co-payments or quarantine periods.
• The applicant must have sufficient economic means.

The calculation of economic means is carried out as follows:

• The income for the main applicant must be at least 200% SMI (Salario Minimo Interprofesional) per month. In 2023, the interprofessional minimum wage in Spain is set at 1.080 €.
• If documents are also issued for members of the applicant’s family, then the second relative must account for at least 75% of SMI, the third and subsequent relatives must account for at least 25% of SMI for each.

We are talking about income according to documents – an employment contract or contracts for the performance of work or the provision of services.

Also, when submitting documents for the first time, you are required to have a similar amount in your account per year: 25,920 € for one applicant, or 35,640 € for a family of two people, or 38,880 € for a family of three people, etc. Supporting documents include a bank statement indicating cash flows, as well as a bank certificate indicating the closing balance.

Key Features of the Digital Nomad Visa in Spain

The digital nomad visa and residence in Spain are processed differently and for different durations.

Digital Nomad Visa

The default validity period for a digital nomad visa in Spain is one year, although it can be requested for a shorter period if the applicant so desires. Throughout this year, a foreign worker has the right to live and work remotely in Spain.

The request and issuance of a visa takes place through the Spanish Consulate in the country of permanent residence of the applicant. The application review period is 10 days.

Digital Nomad Residence

As with any Golden Visa, the Digital Nomad Visa can be upgraded to a Digital Nomad Residence Permit after one year. You can request such a modification within 60 days before your visa expires. The Digital Nomad Residence requires the same conditions and requirements as we have stated above.

All administrative procedures are carried out electronically, i.e. There is no need to personally contact any administrative authorities. The application must be reviewed within 20 days, after which a decision is made.

A positive decision means that residence permit (residence) issued for 3 years. But, as in the case of a visa, the applicant can request a shorter period – such a right is enshrined in law.

We emphasize once again that a visa is always issued through the Spanish consulate, and a residence permit (residence) is always issued in Spain itself. The first step – a visa – can be skipped if the applicant is able to legally enter the country on any basis (has a Schengen visa or some other residence). Those. The initial submission of documents can be done immediately directly in Spain. And in this case, a digital nomad’s residence permit for 3 years can be immediately issued.

After the first three years, the digital nomad’s residence must be renewed every two years. Thus, two options are possible:

• With the participation of the consulate: 1 year (visa) + 3 years (residence permit) + 2 years (residence permit), etc.;
• Without the participation of the consulate: 3 years (residence permit) + 2 years (residence permit), etc.