The Startup Law comes into force:

It is now possible to reside in Spain and work for a company located in another country.

Today, December 23rd, 2022, the Startups Law has entered into force, which allows to manage a new visa for international workers, known as digital nomads.

This law incorporates a new residence permit for those foreigners who want to live in Spain and continue working, both as employees and self-employed for companies located outside our country.

The new law amends the well-known Entrepreneurs Law 14/2013:

DIGITAL NOMADS: International workers.

This new permit may be requested by those persons who carry out an employment or professional activity at a distance for companies located outside Spain, through the exclusive use of computer, telematic and telecommunication means and systems.

In addition, self-employed teleworkers may also work for a company located in Spain as long as the percentage of such work does not exceed 20% of their total professional activity.

Highly qualified professionals may apply for this visa or the authorization to telework if they can prove that they are

- be graduates or postgraduates from universities, vocational training and business schools

- or who have, as the case may be, at least 3 years of professional experience.

This will be regulated in the new Article 74.bis of the Entrepreneurs Law, created for this purpose:

The national of a third State, authorized to stay in Spain to exercise a labor or professional activity at a distance for companies located outside the national territory, by means of the exclusive use of computer, telematic and telecommunication means and systems, is in a situation of residence for telework of international character. In the case of exercise of a labor activity, the holder of the authorization by telework of international character will only be able to work for companies located outside the national territory. In the case of exercise of a professional activity, the holder of the authorization by telework of international character will be allowed to work for a company located in Spain, as long as the percentage of the above mentioned work does not exceed 20 % of the total of his professional activity.

2. Qualified professionals who can prove to be graduates or postgraduates from universities of recognized prestige, professional training and business schools of recognized prestige or with a minimum professional experience of three years may apply for the visa or authorization for teleworking.

Translated with www.DeepL.com/Translator (free version)

 

REQUIREMENTS

The requirements for this new residence permit in Spain are the following:

- The existence of a real and continuous activity for at least one year of the company or group of companies with which the worker has an employment or professional relationship.

- Documentation accrediting that the labor or professional relationship can be carried out remotely.

- In the case of the existence of an employment relationship, the labor relationship between the worker and the company not located in Spain with which the worker maintains such relationship for at least the last three months must be accredited, as well as documentation accrediting that such company allows the worker to carry out the work activity remotely.

- In the case of the existence of a professional relationship, it must be accredited 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 is going to be carried out remotely.

VISA FOR TELEWORKING IN SPAIN

Foreigners not residing in Spain who intend to enter Spanish territory in order to telework remotely for a company not located in Spain must apply for a visa for international teleworking, which will be valid for a maximum period of one year, unless requested for a shorter period of work.

The visa for telework of international character will constitute sufficient title to reside and work at a distance in Spain during its validity.

Expired the validity of the visa, the teleworkers who are interested in residing in Spain will be able to request the authorization of residence for international teleworker, as long as the conditions that generated the right are maintained.

In addition, workers who are already legally in Spain may apply for this authorization in order to telework remotely for a company located outside Spain.

The validity of the authorization will be valid for three years unless a shorter period is requested.

 

In Visal Immigration, we will help you to process all these modifications so that you can work in Spain.

Our firm is an expert in the processing of this type of residence permits and our lawyers will be happy to answer all your questions and help you to obtain the necessary documents so that the application has the best guarantees of success.

VISAL IMMIGRATION

info@visalimmigration.com

(+34) 618 702 253

www.visalimmigration.com