Many foreign professionals who want to move to Spain do not fit the traditional profile of a remote employee. They are not simply employed by a foreign company, and they are not always freelancers with several external clients. In many cases, they own a foreign company, hold a majority shareholding, or control a business through which they provide professional services remotely.

This raises a very common question: can you apply for the Spain Digital Nomad Visa if you own your own company?

The answer is yes, but the case must be prepared carefully. The Spanish authorities, particularly the Unidad de Grandes Empresas y Colectivos Estratégicos, commonly known as the UGE, may accept this type of application under the category of a self-employed company owner or majority shareholder. However, it is not enough to simply show that a company exists abroad. The applicant must prove that the company is real, active, economically operational, and that the applicant has effective ownership or control over it.

At Visal Immigration Lawyers, we regularly analyse Digital Nomad Visa cases involving company owners, shareholders and foreign business structures. These applications can be viable, but they require a stronger documentary strategy than a standard remote employee case.

If you own a company abroad and want to know whether your structure may qualify, you can schedule your consultation here.

What is the Spain Digital Nomad Visa?

The Spain Digital Nomad Visa is a residence option for non-EU nationals who want to live in Spain while working remotely for companies located outside Spain. Technically, Spanish law refers to this figure as an international teleworker.

This permit was introduced within the framework of Law 14/2013, which regulates several residence categories for investors, entrepreneurs, highly qualified professionals and international teleworkers. In the case of digital nomads, the key idea is that the applicant performs work or professional services remotely, using computer, telecommunication or digital systems.

There are two main types of applicants.

The first type is the remote employee. This person works under an employment contract with a foreign company and performs their job remotely from Spain. In this case, the work must be carried out exclusively for companies located outside Spain.

The second type is the self-employed professional. This person provides professional services to foreign clients or companies. In this case, Spanish law allows the applicant to provide services to Spanish clients as well, but only up to a maximum of 20% of their total professional activity.

Company owners usually fall into the second category, but with an important distinction: they are not simply independent freelancers. They may be providing services through a company that they own or control. This is where the concept of the self-employed company owner becomes especially relevant.

Can a company owner apply for the Spain Digital Nomad Visa?

Yes. A company owner can apply for the Spain Digital Nomad Visa if the case is properly structured as a self-employed professional activity carried out through a foreign company.

This is especially relevant when the applicant owns 100% of the company, holds a majority shareholding, or has effective control over the company through which they provide services. In these cases, the UGE may understand that the applicant’s professional relationship with the company is proven by their ownership or control, provided that the company has had real and continuous activity for at least one year.

This is very important because, in standard freelance cases, the applicant normally has to prove a commercial relationship with one or more foreign companies during at least the three months prior to the application. However, when the applicant owns or controls the company, the logic is different. The applicant is not trying to prove an ordinary external client relationship. Instead, they must prove that the company exists, that it is active, that it has genuine economic activity, and that the applicant is genuinely linked to it as owner, shareholder or controlling person.

Therefore, the answer is clear: being the owner of a foreign company does not automatically prevent you from applying for the Spain Digital Nomad Visa. However, the application must be prepared with a solid corporate, financial and legal explanation.

If you are unsure whether your company structure is suitable for this visa, you can schedule your consultation here.

What does “self-employed company owner” mean?

In the context of the Digital Nomad Visa, a self-employed company owner is usually a person who provides professional services through a company that they own, control or manage.

This is not exactly the same as being a normal freelancer. A freelancer usually signs service agreements directly with clients and receives payments personally. A company owner may instead invoice through a corporation, limited company, LLC, private company or another type of legal entity depending on the country.

This situation is common among consultants, software developers, marketing specialists, business advisors, translators, designers, online service providers, IT professionals, agency owners, coaches, architects, engineers and many other professionals who operate internationally through their own company.

The Spanish immigration authorities will want to understand the real structure behind the activity. They may ask the following questions: who owns the company, when was it created, what does it do, does it have real clients, does it generate income, does it pay taxes, does it have employees, does it have productive resources, and how does the applicant receive income from that company?

The stronger and clearer the answer to those questions, the better the application will be.

The difference between an employee, a freelancer and a company owner

It is essential to choose the correct route before submitting the application.

A remote employee must prove an employment relationship with a foreign employer. The key documents are usually the employment contract, the employer’s authorisation to work remotely from Spain, payslips, bank statements, proof of the employer’s real activity and, depending on the case, Social Security documentation.

A freelancer must prove a professional or commercial relationship with one or more foreign clients. The key documents are usually service contracts, invoices, bank statements showing payment of those invoices, proof of professional activity and evidence of sufficient income.

A company owner must prove something more complex. They must prove ownership or effective control of the company, the company’s real and continuous activity, the company’s corporate and tax situation, and the applicant’s personal income or access to funds.

One of the most common mistakes is preparing a company owner case as if it were a simple employee case. Another common mistake is submitting a basic letter from the applicant’s own company without proving the corporate structure, tax filings, real business activity and financial flows.

In a company owner case, the application should not be improvised. It should be carefully organised, explained and supported by documents.

Is remote work authorisation required if I own the company?

In standard employee and freelance cases, the Spanish authorities usually expect a letter from the foreign company authorising the applicant to work remotely from Spain. This letter should explain the position, duties, remote nature of the work, salary or income, and the conditions under which the work can be performed from Spain.

In the case of a self-employed company owner with majority ownership or effective control, the authorisation to work remotely may be considered implicit. This makes sense because the applicant controls the company and does not need a third party to authorise remote work in the same way an employee would.

However, this does not mean that no explanation is required. In practice, it is still advisable to prepare a corporate letter explaining the applicant’s role in the company, their professional duties, the remote nature of the activity, the company’s international operations and how the applicant will continue providing services from Spain.

A short and generic letter is usually not enough. The letter should be consistent with the rest of the documentation, especially the company documents, financial evidence, invoices, tax records and bank statements.

Proving that the company has real and continuous activity

This is one of the most important parts of the application.

Spanish law requires proof that the foreign company or group of companies has had real and continuous activity for at least one year. In a company owner case, this requirement becomes especially relevant because the authorities want to make sure that the company is not merely a formal entity without genuine activity.

The UGE may request documents such as a current commercial registry certificate, certificate of good standing, company extract, corporate registration document or equivalent document from the country of origin. If the document is a public foreign document, it may need to be apostilled or legalised and translated into Spanish by a sworn translator.

However, corporate registration alone may not be enough. The UGE may also request evidence that the company actually operates. This can include corporate tax returns, financial statements, client contracts, invoices, bank statements, proof of business expenses, proof of investments in productive resources, payroll records, Social Security records for employees, licences, software subscriptions, professional tools, equipment, platforms or other documents showing real business activity.

For company owners, the goal is to prove that the company is not inactive, recently created only for immigration purposes, or lacking real economic substance.

If you want a lawyer to review whether your company documents are strong enough, you can schedule your consultation here.

Documents usually required for company owners

A Digital Nomad Visa application for a company owner should normally include both the general documents required for the permit and the specific documents related to the company structure.

The general documents usually include the full passport, official application form, government fee, CV, proof of professional qualification or experience, criminal record certificates where applicable, proof of health coverage or Social Security compliance, and proof of legal stay in Spain if applying from within Spain.

For the company structure, the applicant should normally prepare documents proving the existence and active status of the foreign company. This may include commercial registry certificates, company incorporation documents, certificates of good standing, annual returns or equivalent corporate documents depending on the country.

The applicant should also prove their ownership, majority shareholding or effective control. This may be done through share certificates, corporate records, shareholder registers, articles of association, operating agreements, registry extracts, company resolutions or other equivalent documents.

The UGE may also request the latest corporate tax return of the company. This is important because it helps show that the company is fiscally active and has declared its business activity before the relevant tax authority.

Another important document is proof of investment in productive resources. This concept should be interpreted practically. It may include equipment, technology, software, professional tools, licences, servers, office costs, specialised subscriptions, marketing systems, business infrastructure, staff, contractors or other resources used to perform the company’s activity.

The UGE may also request a report from the competent Social Security authority in the country of origin showing the history of employees registered with the company, or a similar document. If the company does not have employees, this should be explained carefully and supported with alternative evidence of real activity.

Financial means: one of the most sensitive issues

Proving sufficient financial means is often one of the most delicate parts of a Digital Nomad Visa application.

The applicant must show that they have enough financial resources to support themselves and, where applicable, their family members in Spain. The required amount is linked to the Spanish Minimum Wage. For the main applicant, the reference amount is generally 200% of the Spanish Minimum Wage. Additional amounts are required for family members.

In standard employee cases, this is usually proven through employment contracts, payslips and bank statements. In freelance cases, it is commonly proven through service contracts, invoices and bank statements showing payments corresponding to those invoices.

In company owner cases, the evidence may be more complex. The applicant may receive income as salary, dividends, director fees, professional fees, shareholder distributions or other payments from the company. Each structure must be explained and documented properly.

The UGE may accept different means of proof, but the applicant must prove ownership, legality and availability of the funds used as evidence. This means that it is not enough to show money in an account without explaining where it comes from and whether it is genuinely available to the applicant.

A strong application should connect the company’s activity with the applicant’s income. For example, if the applicant receives monthly payments from the company, the bank statements should clearly show those payments. If the applicant relies on dividends or distributions, the company documents and tax records should support that structure. If the applicant relies on invoices, those invoices should match the bank payments.

Bank documentation should be especially clear. The UGE often expects bank certificates or statements that are signed, sealed or otherwise authenticated by the financial institution, and the relevant income movements should be clearly identified.

Is a RETA registration enough?

No. This is a key point.

A commitment to register with the Spanish self-employed Social Security system, known as RETA, may be necessary in many professional activity cases. However, it is not enough by itself to prove eligibility for the Digital Nomad Visa.

The RETA commitment belongs to the Social Security part of the application. It explains how the applicant will comply with Spanish Social Security obligations after the residence authorisation is granted and before starting the activity in Spain.

It does not prove that the foreign company exists. It does not prove that the company has real activity. It does not prove that the applicant owns or controls the company. It does not prove sufficient income. It does not prove professional qualification.

Therefore, a company owner should not approach the application by saying: “I own a company and I will register in RETA.” That would be incomplete.

The correct approach is different. The applicant should present the case as a self-employed international teleworker who owns or controls a foreign company through which they provide professional services. The application should prove the company’s activity, ownership or control, income, remote work structure, qualification and Social Security compliance. The RETA commitment is only one piece of that wider legal and documentary strategy.

If you need help understanding whether you should provide a RETA commitment, foreign Social Security certificate or private health insurance, you can schedule your consultation here.

Can you avoid RETA with a foreign Social Security certificate?

In some cases, yes, but this depends on the country and the applicable Social Security agreement.

Some applicants may be able to remain covered by the Social Security system of their country of origin if there is an international agreement with Spain and the competent authority issues a valid certificate confirming that the applicant remains subject to that foreign system while working remotely from Spain.

However, not all countries issue this type of certificate for digital nomads or self-employed company owners. A mere application for the certificate is usually not enough. The certificate must normally be issued by the competent authority and must properly cover the situation.

If no valid foreign Social Security certificate is available, a commitment to register as self-employed in Spain may be the safest route in many professional activity cases.

What if the company has no employees?

This is a common concern.

Some foreign companies, especially consulting companies, software companies, online agencies or professional service companies, may operate without employees. They may use contractors, digital tools, external providers or the work of the owner.

The fact that a company has no employees does not necessarily mean that the Digital Nomad Visa is impossible. However, if the UGE requests a Social Security report showing employee history and the company has no employees, the case should be explained carefully.

In that situation, the applicant should provide alternative evidence of real activity. This may include client contracts, invoices, corporate tax returns, bank statements, business expenses, software licences, professional tools, contractor agreements, accounting records, proof of projects, proof of clients and any other evidence showing that the company genuinely operates.

The main objective is to avoid the impression that the company is empty or merely formal.

What if I do not have a contract with my own company?

This is another frequent issue.

In a standard freelance application, the applicant usually provides a service contract with a foreign company. But if the applicant owns or controls the company, it may be artificial to sign a contract with their own entity just to satisfy a formal requirement.

For self-employed company owners with majority ownership or effective control, the UGE may consider that the professional relationship of at least three months is proven through ownership or control and the company’s real and continuous activity.

However, the application should still include a clear explanation of the applicant’s role within the company. A corporate letter, company resolution or professional activity statement can help explain the position, duties, income, remote work arrangement and business structure.

The key is coherence. The documents should tell a clear and credible story.

Applying from Spain: legal stay is essential

Many applicants want to apply for the Digital Nomad residence authorisation from within Spain. This can be possible, but only if the applicant is legally in Spain at the time of application.

Legal stay may be proven through an entry stamp, boarding pass, flight certificate, declaration of entry or other evidence showing when and how the applicant entered Spain. This is especially important for nationals who entered the Schengen Area through another country or whose passport was not stamped on arrival in Spain.

If the applicant is already irregular in Spain, the Digital Nomad Visa route is generally not the right solution. In that situation, other immigration options may need to be analysed.

Before applying from Spain, it is important to confirm the applicant’s legal stay, remaining days in the Schengen Area and documentary proof of entry.

If you are already in Spain and want to know whether you can apply from here, you can schedule your consultation here.

Professional qualification or experience

The Digital Nomad Visa is not only about working online. The applicant must also prove that they are professionally qualified.

This can usually be done by providing a university degree, postgraduate degree, professional training, business school qualification or evidence of at least three years of professional experience.

In company owner cases, this point should not be overlooked. Owning a company does not automatically prove that the applicant has the required professional qualification or experience. The applicant must show that they have the knowledge, background or experience needed to perform the professional activity declared in the application.

If the applicant relies on a foreign degree, it may need to be apostilled or legalised and translated into Spanish. If the applicant relies on professional experience, it may be necessary to provide certificates from companies, official employment records, Social Security history or equivalent documents depending on the country.

Health insurance and Social Security

Health coverage and Social Security must be analysed carefully.

If the applicant will register with RETA in Spain after approval, access to the Spanish Social Security system may cover the health care requirement. If the applicant remains covered by a foreign Social Security system under an applicable agreement, a valid certificate may be required.

If neither of those options applies, private health insurance may be necessary. The insurance should generally be valid in Spain and provide coverage equivalent to the Spanish public health system, without significant exclusions, waiting periods or co-payments.

This part of the application must be consistent with the Social Security strategy. It is not advisable to submit contradictory documents, for example claiming foreign coverage while also presenting a RETA commitment without explaining the structure.

Common mistakes in company owner applications

The first mistake is assuming that company ownership is enough. It is not. The authorities will want to see real business activity, tax compliance, income and a clear connection between the company and the applicant.

The second mistake is submitting unclear financial evidence. Bank statements should be organised, relevant income movements should be marked, and the origin of funds should be explained. If the income comes from the company, the payment structure should be legally and financially coherent.

The third mistake is failing to prove ownership or effective control. A company website or email address is not enough. The applicant should provide official or reliable corporate documents showing shares, ownership, control or management powers.

The fourth mistake is ignoring the company’s tax documentation. Corporate tax returns, financial statements or equivalent documents may be essential to prove real activity.

The fifth mistake is not translating or legalising documents properly. Foreign public documents may require apostille or legalisation and sworn translation into Spanish. Incorrect document preparation can cause delays or requirements from the UGE.

The sixth mistake is using a generic explanation. Company owner cases should usually include a legal cover letter or explanatory statement connecting the evidence with the legal requirements.

How to prepare a strong application

A strong application should be organised around a clear legal and factual narrative.

The authorities should be able to understand who the applicant is, what company they own, where the company is registered, what activity it performs, how long it has been operating, what percentage the applicant owns, how the applicant earns income, whether the work can be performed remotely and how the applicant will comply with Social Security obligations in Spain.

The documents should not be sent randomly. Each document should serve a purpose. The corporate documents prove the company’s existence and ownership. The tax documents prove real activity. The bank documents prove income and availability of funds. The professional documents prove qualification. The Social Security documents prove compliance with the applicable system.

In complex cases, a well-drafted legal explanation can make a significant difference. It can help the UGE understand why the applicant qualifies as a self-employed company owner and how each legal requirement is met.

At Visal Immigration Lawyers, we recommend reviewing the full structure before submitting the application. Once a requirement is issued, it may still be possible to correct the file, but the case becomes more sensitive and time-limited.

If you are planning to apply and want to avoid preventable mistakes, you can schedule your consultation here.

Frequently asked questions

Can I apply for the Spain Digital Nomad Visa if I own my company?

Yes. You may apply if you own, control or hold a majority shareholding in a foreign company through which you provide professional services remotely. The key is proving that the company is real, active, economically operational and that your income and ownership structure are properly documented.

Is a RETA commitment enough for company owners?

No. A RETA commitment only addresses Social Security compliance in Spain. It does not prove that your company exists, that it has real activity, that you own or control it, or that you have sufficient income. It is only one part of a complete application.

Do I need a service contract with my own company?

Not always. If you are a self-employed company owner with majority ownership or effective control, the professional relationship may be proven through your ownership and the company’s real activity. However, a clear corporate letter explaining your role, duties, income and remote work structure is strongly recommended.

What company documents may the UGE request?

The UGE may request a commercial registry certificate, proof of ownership or shareholding, the latest corporate tax return, proof of productive investments, Social Security or employee history records, invoices, bank statements, financial records and any document proving real and continuous business activity.

Can I apply from Spain as a company owner?

Yes, if you are legally in Spain when the application is submitted. You may need to prove legal entry or stay through an entry stamp, boarding pass, airline certificate or declaration of entry. If you are already irregular, this route will usually not be appropriate.

Conclusion

Applying for the Spain Digital Nomad Visa as a company owner is possible, but it requires careful preparation. The UGE accepts the concept of a self-employed company owner or majority shareholder, but the applicant must prove much more than the existence of a company abroad.

The application should demonstrate ownership or effective control, real and continuous business activity, sufficient and traceable income, professional qualification, remote work capability and proper Social Security compliance. A simple company registration certificate or a basic RETA commitment will usually not be enough.

For company owners, the success of the application often depends on the quality of the documentation and the way the case is legally explained. Every corporate structure is different, and the evidence must be adapted to the specific country, company type, tax system and payment model.

At Visal Immigration Lawyers, we are immigration lawyers in Spain with experience assisting foreign professionals, entrepreneurs, remote workers and company owners who want to live in Spain legally while continuing their international activity.

If you own a company abroad and want to apply for the Spain Digital Nomad Visa, you can schedule your consultation here.

You can also contact us by WhatsApp at +34 618 702 253. This number is for WhatsApp messages only, not phone calls.

For more information about our legal services, you can visit www.visalimmigration.com.

If you would like one of our immigration lawyers to review your case personally, schedule your consultation here.