Guide to getting a Nomad Visa in Spain
Are you one of those lucky ones who have entered the "teleworker" category? Do you want to choose the best country to live in? Keep reading, this article may interest you.
Nowadays, who hasn't heard of teleworking? However, if we had asked that question 20 years ago, how many people would have known the answer?
Teleworking is definitely a concept that is here to stay. This is for the simple reason that people like it. More and more workers are not willing to spend part of their time commuting to and from the office, they don't want to spend their days in the same 4 walls or they don't want to see the same boring faces of their colleagues every morning. Others simply do not want to deprive themselves of the nomadic life they have always dreamed of.
It is this nomadic life that has given the informal name of the Visa to which we refer today and that is the one that those lucky ones who have the privilege of teleworking can apply for.
What is the Nomad Visa (Visado para teletrabajo de carácter internacional)?
The Nomad Visa is a visa that can be obtained by foreign workers who intend to reside in Spain in order to telework for a company that is not located within Spain. This is one of the main characteristics of the Nomad Visa: the worker must not render services to a company located in Spain.
However, work may be performed for a company located in Spain, provided that the percentage of such work does not exceed 20% of the total of the person’s professional activity – professional activity meaning self-employed activity rather than being employed by others.
Where is it regulated?
The regulation of the Nomad Visa is very recent. It has been included by final provision 5.9 of Law 28/2022, of December 21 in Law 14/2013, of September 27, on support for entrepreneurs and their internationalization. In particular, in articles 74 bis to 74 quinquies.
Who can apply for the Nomad Visa?
Foreigners from non-European Union countries (or others to which European Union law applies) who are qualified professional graduates or postgraduates from universities, vocational training and business schools of recognized prestige or with a minimum professional experience of three years may apply for the visa.
What is its duration?
The Nomad Visa will be valid for a maximum of one year, unless the period of work is shorter, in which case the visa will be valid for the same period of time.
Within 60 days before the expiration of the visa, teleworkers who are interested in continuing to reside in Spain may apply for the residence authorization, provided that the conditions that generated the right are maintained.
The residence authorization will have a maximum validity of three years unless it is requested for a shorter period of work. The holders of this authorization may request its renewal for periods of two years as long as the conditions that generated the right are maintained.
What are the requirements to obtain the Nomad Visa?
The requirements to obtain the visa for international teleworking are:
Firstly, the general requirements for the authorization of all stays and residences that are regulated in Article 62 of Law 14/2013 (de 27 de septiembre, de apoyo a los emprendedores y su internacionalización). These include: lack of a criminal record, medical insurance, and proof of sufficient financial means.
Secondly, and as specific requirements for obtaining the Nomad Visa:
- That the company with which the worker maintains the labor/professional relationship exercises a continuous activity for at least 1 year.
- That the documentation proving the labor or professional relationship and that the work can be performed remotely is provided.
- In the case of an employment relationship (as an employee): the existence of the relationship for at least the last three months prior to the submission of the application must be accredited, as well as the documentation proving that the company allows the worker to perform the work activity remotely.
- In the case of the existence of a professional relationship (self-employed): it must be proven that the worker has a business relationship with one or more companies not located in Spain for at least the last three months, as well as documentation that accredits the terms and conditions under which the professional activity will be carried out remotely.
Where can I request it from?
You can apply from Spain or from the teleworker's country of origin.
Regarding the question of which is the best place to live... I will not be so demagogic as to say that there is no country with a better climate, food, environment and quality of life than Spain... Who am I to give an opinion on such a thing? However, the data seems to indicate that Spain is one of the favorite destinations for tourists, being in second or third place worldwide (depending on the year), according to data from the World Tourism Organization. And it has become one of the most desired destinations for digital nomads.
That is why Spanish law firms must be more prepared than ever to face this "new situation", to know the new regulations and to be able to offer a quality service to those people who choose our wonderful country as a destination.