The Digital Nomad Visa for Spain, introduced through the Law to Foster the Startup Ecosystem, also known as the Startup Law, allows remote workers and freelancers to establish themselves in Spain. This visa provides an excellent opportunity to work professionally in a country with a rich culture and a favorable environment.

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What is the Digital Nomad Visa for Spain?

The Digital Nomad Visa for Spain allows non-EU citizens to reside and work in the country, either for a foreign company or independently. One of its significant benefits is that the time spent working in Spain under this visa can count toward eligibility for Spanish nationality by residence, provided all other requirements for the visa are met.

Requirements for Digital Nomad Residency in Spain

The Digital Nomad Residency in Spain is specifically designed for remote workers or self-employed individuals from non-EU countries.

Remote Worker or Freelancer: You can work as a freelancer for multiple clients or be employed by a company that allows remote work.
Previous Professional Relationship: You must demonstrate a professional relationship with your clients or have been employed by the company for at least three months before applying for residency.
Company Tenure: The company you work for must have been established for at least one year.
Experience or Qualification: You must provide proof of at least three years of experience in your field or hold a relevant professional degree or certificate.
Legal Status in Spain: You must not be residing illegally in Spain at the time of application. However, you can apply while on a tourist visa or with another valid authorization.
Criminal Record and Financial Means: You must demonstrate a clean criminal record and sufficient financial resources.
Spanish Language Knowledge: While not mandatory, learning Spanish is recommended to ease your integration into Spanish society.
Proof of Remote Work Capability: Submit documentation proving your ability to perform your work remotely.
Health Insurance: You must have valid health insurance coverage.

It is crucial to meet all the requirements on the list to successfully obtain the Digital Nomad Residency in Spain.

Differences Between the Digital Nomad Visa and Residency in Spain

The Digital Nomad Visa can be applied for at the consulate of your country of origin by submitting the The Digital Nomad Visa can be applied for at the Consulate in the applicant’s country of origin by submitting all the required documentation. The visa, valid for one year (for a stay in Spain), will be issued directly by the consulate, with no minimum stay requirements established in Spain.

As we will see below, the digital nomad residence permit in Spain is requested from within Spain. It is important to clearly differentiate these concepts, as they are often confused, despite being completely different types of authorizations.

Application from Spain

Documents proving the relationship with the applicant (birth or marriage certificates)
Criminal record certificate from the places of residence over the past 2 years
Proof of dependency on the applicant if they are parents or children over 21 years old

Required Documentation for Digital Nomad Visa:

La siguiente documentación será requerida igualmente para la obtención tanto del visado como la residencia de teletrabajador en España:

Documentación Requerida nomaddigital:

Passport:
- Pasaporte original en vigor y fotocopia de todas las páginas.
National Identity Document (DNI):
- Original and photocopy of the DNI with an address within the jurisdiction of the corresponding Consulate General.
National Visa Application:
- Two complete and signed copies of the national visa application form.
Foreign Identification Number (NIE):
- Obtain it on the day of your appointment. Pay in cash when submitting your application. The fee is ARS 8600.
- Complete and sign EX15 NIE application form.
- Complete and sign Form 790-012.
Visa and/or Residency Fee:
- Pay the visa fee in cash on the day of the appointment, or if applying from Spain, use the 790-038 fee.
Proof of Financial Means:
- Demonstrate earning twice the minimum wage, EUR 2160 per month (EUR 25,920 annually) for the primary applicant, 75% of the minimum wage for the first dependent, and 50% for additional dependents.
- Provide one of the following documents:
  - Employment contract.
  - If self-employed, a commercial contract for your professional activity.
  - Proof of income verification through bank statements for the last three months.
Proof of Employment or Professional Relationship:
- Original and copy of documentation proving at least three months of employment or professional relationship with foreign companies.
- For employment (employee): A certificate or letter from the foreign company authorizing remote work in Spain, including the start date. The letter should be original in Spanish or translated into Spanish.
- For professional relationship: A certificate or letter detailing the terms and conditions of remote work and the length of employment. The letter should be original in Spanish or translated into Spanish.
Proof of Business Activity:
- Copy of documentation proving that the foreign company or group of companies has been in continuous operation for at least one year, including a certificate from the Mercantile Registry (or similar) reflecting the company’s incorporation date and activity type.
Social Security Registration in Spain:
- For self-employed workers: A declaration of commitment to comply with social security obligations before starting professional activity.
- For employees: Either proof of the company’s registration with Spanish Social Security and subsequent registration of the employee or a certificate of social security coverage if the country has agreements with Spain.
Qualifications or Professional Experience:
- Original and copy of documentation proving graduation or postgraduate qualification from a recognized university, professional training institute, or business school, or proof of at least three years of professional experience in similar functions.
- For regulated professions, proof of the recognition of the qualification is required.
Health Insurance:
- Public or private health insurance. If no access to public insurance, private health insurance must be contracted with an authorized provider in Spain, without waiting periods, and must provide medical coverage throughout the residency period.
- The insurance must cover 100% of hospital and non-hospital expenses, without copayments, and include repatriation in case of illness or death.
Criminal Background Certificate:
- A legalized, apostilled criminal background certificate issued in the last three months by the competent authority in the country of residence during the last two years.
A sworn statement declaring no criminal record in the last five years.Penales:
- Certificado de antecedentes penales legalizado, apostillado y expedido en los últimos tres meses por la autoridad competente del país de residencia en los últimos dos años. Además, se debe presentar una declaración responsable de la inexistencia de antecedentes penales en los últimos cinco años.

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Digital Nomad Family Members in Spain

If your application is approved, your spouse or dependents can join you during your stay in Spain. The Digital Nomad Visa for Spain family members can be applied for at the same time as the main applicant or at a later date.

Family members who obtain Digital Nomad residency and come to Spain, and are of working age, will be granted a work permit, allowing them to work either as employees or self-employed.

Documentation for Digital Nomad Family Members:

Proof of Relationship with the Applicant:
Criminal Background Certificate:
- A criminal background certificate from the countries where the family member has lived in the last two years.
Proof of Dependency:
- If the family members are parents or children over 21 years old, proof of dependency on the applicant.

Benefits of the Digital Nomad Residency in Spain

Applying for the residence and work permit as a digital nomad in Spain offers several notable benefits:

Time of Residence Counted for Nationality:
- The time spent in Spain under the digital nomad status counts toward obtaining long-term residency. After 5 years of continuous residency, you can apply for this digital nomad residency in Spain, which allows you to live and work in the country without additional restrictions.
Path to Spanish Nationality:
- This period of residency is also valid for applying for Spanish nationality. Citizens from Ibero-American countries, the Philippines, Portugal, Andorra, and Equatorial Guinea can apply for nationality after 2 years of residence, while for other countries, the period is 10 years.
Application from Spain:
- You can begin the application process while in Spain as a tourist. Documentation can be submitted online, making the process easier.
You Can Invoice:
- You can offer services to Spanish companies as long as you do not exceed 20% of your total income invoiced to these companies.
Additional Benefits:
- Temporary Stay Abroad:
  You can stay outside of Spain for up to 6 months per year without affecting your residency status.
- Family Residency:
  Your spouse, dependent children, and dependent ascendants can also reside and work in Spain.
- Initial Permit and Renewals:
  An initial 3-year residence permit is granted, renewable for an additional 2 years. This way, you can reach the 5-year period needed to apply for long-term residency.

Tax Benefits of the Digital Nomad Visa

The Digital Nomad Visa offers favorable tax conditions to attract international talent to Spain. It allows individuals to work for foreign companies without affecting their tax status in their home country. The visa can be applied for either from the country of origin or directly from Spain.

In Spain, digital nomads can opt to be considered non-residents for tax purposes, which allows them to pay the Non-Residents Income Tax (IRNR) (commonly known as the Beckham Law) instead of the Personal Income Tax (IRPF), which we will discuss later. This regime generally provides more attractive tax benefits for those working remotely.

Some individuals, instead of opting for the IRNR, may choose to be taxed as residents under the IRPF system (this can be particularly advantageous if not all income is from employment, for example, if there are rental properties, dividends, etc.). In this case, it is important to consider Spain’s double taxation agreements with other countries to avoid double taxation of income in both countries.

Applying the Beckham Law as a Digital Nomad in Spain

Digital nomads who choose the IRNR regime enjoy several significant advantages:

Fixed Tax Rate: The IRNR applies a flat tax rate of 24% on labor income up to €600,000, and 47% for income exceeding this amount. This is more advantageous compared to the IRPF, which uses a progressive system based on income brackets.
Exemption from Foreign Asset Declaration: Nomads under the IRNR are not required to submit the declaration of foreign assets, known as Form 720.
Wealth Tax Exemption: Digital nomads are not required to pay wealth tax on global assets, simplifying their tax burden and reducing the need to declare assets located abroad. Wealth tax would only apply to assets located in Spain during the first six years.

Requirements for the Digital Nomad Visa to Benefit from IRNR under the Beckham Law as an International Teleworker

To qualify as a non-resident for tax purposes under the IRNR, certain requirements must be met…

Previous Residency: You must have resided outside of Spain for at least 5 years prior to applying for the tax regime.
Income: You should not have income that is classified as generated through a permanent establishment in Spain, such as an office, branch, subsidiary, or any other physical establishment.
International Telework Visa: For those working as employees, an international telework visa is required. This visa must indicate that the move to Spain is for work purposes and that activities are carried out remotely using only electronic, telematic, and telecommunications means.
Family: The same conditions apply to the spouse and children under 25 years old (or of any age if they have a disability) who move to Spain with the applicant.

Important Considerations

Although it is possible to be considered a non-resident for tax purposes even if you spend more than 6 months a year in Spain, meeting the digital nomad requirements in Spain is essential to take advantage of the tax benefits of the IRNR.

To ensure compliance and maximize benefits, it is advisable to seek the advice of specialists in international taxation. Proper guidance can guarantee that all conditions are met correctly, avoiding problems and optimizing your tax burden.

This status can be maintained for up to 6 years. After this period, you will be required to pay taxes as a Spanish resident.

Best Places to Live in Spain as a Digital Nomad:

Attractive Cities: Barcelona, Madrid, and Valencia are popular options for digital nomads.
National Network of Welcoming Villages: This network aims to attract digital nomads to rural communities with a lower cost of living.

Is It Possible to Work in Spain with This Visa?

Yes, the Digital Nomad Visa allows remote workers to perform their duties in Spain, whether for foreign companies or as digital entrepreneurs. It is ideal for those who wish to live in a conducive environment while continuing their remote work. Additionally, up to 20% of clients can be Spanish.

This documentation is essential to ensure that your digital nomad residence application in Spain is processed correctly and efficiently.

Procedure

Where to Apply for the Digital Nomad Visa?

Digital Nomad Visa Spain: Where to Apply?

From Abroad: If you are outside of Spain, you will need to apply for this visa at the Spanish consulate in your home country or the country where you have legal residence. This Digital Nomad Visa for Spain is valid for up to one year, although it may be granted for a shorter period if the work requires it. With this visa, you can apply for residence authorization in Spain to work remotely for a company located abroad for a maximum of three years, renewable for two additional years. After five years, you can apply for permanent residency.
From Spain: If you are already in Spain legally (for example, on a student visa or as a tourist), you must apply for a residence permit for international telework. This permit is valid for a maximum of three years, renewable for two more years, and allows you to apply for permanent residency after five years.

How long does it take to resolve the Digital Nomad Residency?

The resolutions for both the international teleworker visa and the residency are extremely fast, as they are managed by the UGE (Unit of Large Enterprises).

Residency Application from Spain: If you submit the application from within Spain, the response is typically provided within 20 business days. If no response is received within this period, it is considered a tacit approval, granting you the Digital Nomad Residency Permit in Spain.
Digital Nomad Visa: The resolution for the telework visa at Spanish consulates should be provided within a maximum of 10 business days.

The Law Regulating Remote Work

In 2013, the Spanish government enacted the Entrepreneurs’ Law to attract foreign talent and investments, which is the basis for the Digital Nomad Law in Spain. However, this legal framework did not meet all the current needs of the market. As a result, in 2023, the Startup Law (also known as the Digital Nomad Law in Spain) was approved, focusing on startups, talent, and innovation, and it includes the Digital Nomad Visa. This residency permit, valid for up to five years, is designed to allow non-EU citizens to live and work in Spain while engaging in remote work activities.

Date of Entry into Force

The Startup Law and the Digital Nomad Visa in Spain came into effect in 2023 and remain in force in 2024. Applicants can begin the process by following the procedure set by the Ministry of Foreign Affairs and Cooperation of Spain, either from their home country or directly from Spain.

Alternatives to the Digital Nomad Visa

If you do not meet the requirements for the Digital Nomad Visa in Spain, there are other legal options for residency, such as residence permits for students, interns, highly skilled employees, investors, and researchers.

The Non-Lucrative Residence Permit is another popular option, but it requires proof of sufficient financial means to live without working.

Questions and Answers about Digital Nomad Residency in Spain

The new Startup Law (also known as the Digital Nomad Law in Spain) and the Digital Nomad Visa offer a unique opportunity to live and work in Spain, enjoying its climate, culture, and lifestyle, while contributing to the local economy. If you are interested in this option, we recommend visiting Spain to explore different cities and towns or joining expatriate groups on social media to get firsthand information and advice.

Our law firm specializing in Digital Nomad Visas in Madrid is at your disposal to advise and guide you throughout the entire residency application process. Contact us for more information!

What is a Digital Nomad in Spain? A digital nomad in Spain is a person who works remotely using technology, without being tied to a fixed location, and carries out their professional activity from the country, typically through the internet. This is the quintessential definition of a digital nomad.
What are the requirements to apply for residency as a digital nomad? You must demonstrate that you work for a foreign company or as a freelancer for foreign clients, have at least 1 year of work experience, and prove that your income is sufficient to support yourself in Spain. To apply successfully, you must meet all the digital nomad requirements in Spain.
What level of income must I demonstrate? You must prove sufficient income, typically equivalent to 200% of the IPREM, which is approximately €2,400 per month. This requirement may vary depending on the circumstances.
How long is the digital nomad residence permit valid? The initial permit is valid for 1 year, with the possibility of renewing it for 2-year periods, as long as the conditions are met.
Can I include my family in the digital nomad visa application for Spain? Yes, your spouse and dependents can be included in the application, as long as you can demonstrate sufficient additional income to support them.
Do I need an employment contract, or can I be self-employed to obtain my visa in Spain? You can apply for residency as either a freelancer or an employee of a foreign company. In both cases, you must demonstrate that you work for clients or companies located outside of Spain.
Can I work for Spanish companies with the digital nomad residency? No, the digital nomad residency does not allow you to work for Spanish companies or clients. You can only work for foreign employers or freelance clients located outside of Spain.
Is continuous residency in Spain required? No, continuous residency in Spain is not required. You can travel outside of Spain, but it is recommended to spend at least 6 months per year in Spain to maintain your residency status.
What happens if my remote job ends before my permit expires? You should notify the immigration authorities if your job ends earlier than expected. To maintain your residency, you may need to demonstrate that you continue with other remote jobs or activities that meet the requirements.
Can I change my status from digital nomad to another type of residency? Yes, you can change to other types of residency if you meet the specific requirements, such as residency for work or self-employment when renewing or modifying your permit.
Can I apply for the digital nomad residency online? Yes, you can apply online through the electronic headquarters of the immigration office, which makes the process easier without needing to visit the office in person.
How long does it take to obtain the digital nomad visa for Spain? The processing time for the remote work visa in Spain may vary, but the administration generally has a period of 20 to 30 days to process the application.
Does the digital nomad residency provide access to Spain’s public healthcare system? Yes, as a legal resident in Spain, you will have access to the public healthcare system. However, it is recommended to have private health insurance during your stay, especially if you are not contributing to the Spanish Social Security system.
Can I apply for Spanish nationality with the digital nomad residency? After residing legally in Spain for 10 years, you can apply for Spanish nationality, provided you meet the naturalization requirements.
What jobs can I do as a digital nomad? Digital nomads can perform a wide variety of jobs that can be done remotely and with geographic flexibility. Some examples include software developers, web designers, system administrators, consultants, translators, online language teachers, and virtual assistants, among others. These jobs are ideal for the digital nomad visa in Spain.
Can I be self-employed in another country and work in Spain? Yes, you can be self-employed in another country and work in Spain, but you must meet certain legal and tax requirements both in the country of origin and in Spain. This depends on whether the country where the freelancer resides is part of the European Union or a third country.
Is the freelance visa in Spain the same as the digital nomad visa? No, the freelance visa (or self-employed visa) and the digital nomad visa in Spain are not the same, although both allow independent work in the country. They differ in their requirements and the type of work they allow.
What is the cost of the digital nomad visa for Spain? You must check the consulate for specific fees. If applying from Spain, the fee is only Form 790-038, which costs about €74.
Is there an age limit for obtaining the digital nomad visa for Spain? There is no age limit for obtaining the digital nomad visa in Spain, so people of all ages can apply without issues.
Can I travel with my family on the digital nomad visa for Spain? Yes, you can include your direct family members in the application, allowing them to obtain both the visa and residence permit for remote work in Spain, enabling the whole family to move to Spain.
Will I have to pay taxes for working in Spain if I obtain the digital nomad visa for Spain? Yes, digital nomads will pay a Non-Residents Income Tax (IRNR) at a fixed rate of 24% on labor income, which is significantly lower than the regular income tax in Spain, which ranges from 40% to 48%. However, specific details depend on your income and are still being determined by the government. Workers with digital nomad visas can also opt for the IRPF (Personal Income Tax) system.
Where can I find companies for digital nomads in Spain? In Spain, you can find opportunities for digital nomads on platforms like LinkedIn or Remote OK, as well as in coworking spaces in cities like Madrid and Barcelona. If you wish to reside legally while working for foreign companies, the digital nomad visa is a great option that combines quality of life with professional growth.
Can I apply for the digital nomad visa in Madrid? Yes, you can apply for the digital nomad visa in Madrid if you meet the requirements such as sufficient income, health insurance, and a remote work contract. The process can be done in Spain or from your home country.

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