The adoption of a law at the end of 2022 allowing you to apply for a digital nomad visa in Spain is an event that remote workers and freelancers around the world have been waiting for.
Teleworking has gained tremendous popularity during and after the coronavirus pandemic. If before such a way to work was only available to a small circle, but now the number of people working online has grown significantly, and this includes not only freelancers, but also employees of big international companies.
Thanks to its climate, developed infrastructure and affordable prices, Spain has become one of the main destinations for the relocation of digital nomads from non-EU countries. And if earlier they had to stay in the country on a tourist visa or look for some ways of legalization that would allow them to stay here for more than 3 months, now this problem has been solved thanks to the new law.
You can read about where the most favorable cities for remote workers in Spain are, here.
So, how to get a digital nomad visa in Spain, for whom it is intended, and what difficulties might be. Let’s figure it out.
Who is a Digital Nomad in Spain?
«Digital nomads» in Spain means third-country (non-EU) nationals working for a company or companies located outside Spain.
The Startup Law, which regulates digital nomad visas and activities in Spain, uses the term «teletrabajadores de carácter internacional», which can be translated as «international teleworkers», but the term «digital nomad» («nómada digital») is so firmly rooted in this context, that it has almost pushed the other ones.
According to Spanish law, there are two types of digital nomads:
- Those who are employed remotely by a foreign company (i.e. they have labour relations – relación laboral).
- Those who work as a freelancer for one or more foreign companies (professional relations – relación professional).
In the first case, the applicant can only work for a foreign company, while in the second case, 20% of the income from a company registered in Spain is allowed, provided that the remaining 80% of the applicant’s total earnings are received from a foreign company.
Digital Nomad Law in Spain
The law on digital nomads in Spain is the so-called Startup Law (Ley 28/2022, de 21 de diciembre, de fomento del ecosistema de las empresas emergentes), which came into force on December 23, 2022. It is here that the conditions for obtaining this type of visa and residence permit are prescribed. The original law can be found here.
Residence Permit of a Digital Nomad in Spain
A residence permit for a digital nomad in Spain can be obtained upon expiration of the validity period of the same name visa (1 year).
This residence permit is issued to the applicant and his family members for 3 years, provided that all the requirements for obtaining a digital nomad visa are met, and can be extended for 2 years (also under the same conditions).
How to Get a Digital Nomad Visa in Spain
How to get a digital nomad visa in Spain in 2023? Below we describe the requirements, procedure and conditions for obtaining this type of visa for remote workers and their families.
Digital Nomad Visa in Spain: Requirements
To obtain a digital nomad visa in Spain, certain requirements need to be met:
- Be a third-country national outside the EU.
- Work remotely for a foreign company not registered in Spain:
- The company must have been in business for at least 1 year.
- Applicant must have been employed for at least 3 months before applying for a Digital Nomad Visa.
- It is necessary to document the ability to work remotely.
- Freelance (self-employment) is allowed to receive 20% of the income from a Spanish company, while in the case of employment (labour relations), 100% of the applicant’s income must come from a foreign company.
- Have a higher or professional education corresponding to the type of activity carried out.
- Have at least 3 years of professional experience.
- Do not have a criminal record in Spain and in your country for the past 5 years.
- Have health insurance.
- Have sufficient funds to live in Spain (per month: 200% SMI for the main applicant, 75% SMI for his/her spouse, 25% SMI for each subsequent family member).
Spain Digital Nomad Visa: Where to Apply
To date, a residence permit for digital nomads in Spain can only be requested in electronic form through a specialized platform and exclusively from the territory of the country. Thus, in order to apply, you first need to enter Spain with any tourist visa.
Considering applications will be processed within a short time frame, non-compliance of which administrative silence plays into the hands of the applicant.
Spain Digital Nomad Visa for Brits
Is it possible to get a digital nomad visa for the British in 2023? Citizens of the UK can obtain this type of visa under the same conditions as citizens of other countries, subject to all the requirements specified in the law. It is worth noting that you will need to open an account in a Spanish bank or transfer funds to Spain. Therefore, to collect the required paperwork, carry out various bureaucratic procedures, apply for a digital nomad visa, as well as resolve tax issues, it is best to contact a qualified lawyer.
Taxes for Digital Nomads in Spain
The law provides for a special tax regime for digital nomads in Spain.
Relocators who have moved to Spain on a digital nomad visa will be required to pay income tax (IRPF) at the following rates:
- 24% on income up to 600,000 euros per year.
- 47% on income above 600,000 euros per year.
However, subject to certain conditions, they can pay tax on income of non-residents (IRNR) at a rate of 15% for 5 tax periods instead of IRPF.
For competent tax planning, it is a good idea to seek out the help of a «gestor» or a lawyer specializing on these issues.
Difficulties and Pitfalls of Obtaining a Digital Nomad Visa in Spain
At first glance, the digital nomad visa in Spain is an easy, affordable and convenient way to immigrate to the sunny kingdom with the whole family. On the one hand, this is true, but there are certain points that need to be kept in mind for a successful relocation.
First, you need to make sure that you meet all the requirements prescribed in Spanish law, and can document this. The main difficulty here lies in the fact that, although the law has already been passed and is in force, there are no clear guidelines regarding the procedure for obtaining this visa.
Secondly, it is necessary to competently and seriously approach the collection of paperwork, because even a small error can cause your visa application to be rejected. And since there are no a detailed instruction yet, it is very difficult to figure out which documents are needed. In this regard, you can immerse yourself in the study of Spanish law or seek legal advice from a legal professional who has many years of experience and is well acquainted with the peculiarities of the Spanish bureaucratic system.
Do you have any questions about the digital nomad visa in Spain, or are you planning to apply for it? Contact us in any way that is convenient for you or request a consultation through the form on our website.
