This visa is for any foreigner planning to live in Spain as a resident, working remotely for a company or an employer (or self-employed) located outside of the Spanish national territory, and using exclusively computer telematics and telecommunication media and systems.
When the applicant is self-employed, he/she can also work for a company located in Spain, as long as the percentage of this particular work does not exceed 20% of the total amount of his/her professional activity.
The applicant must have an undergraduate or postgraduate degree from a university, college or business school of prestige, or have at least 3 years of work experience in his/her current field of activity.
The following family members may also obtain the visa:
- The spouse or unmarried partner.
- Dependent children and dependent relatives in the ascending line who form part of the family unit.
REQUIRED DOCUMENTS FOR THE INTERNATIONAL WORKERS AND THEIR FAMILY MEMBERS:
- National visa application form. Each applicant, or his/her representative, must fill and sign a visa application form.
- Photography. A recent, passport-size, colour photograph, taken against a light background, facing forward, without dark or reflective glasses, or any garments concealing the oval of the face.
- Valid passport. The passport must be valid for at least 1 year and must have at least two blank pages. Passports issued more than 10 years ago are not accepted.
- Photocopy of the pages that contain biometric data, previous visas from different countries and migration stamps of the current and the last passport.
- Criminal record check certificate.
- Applicants of legal age must submit the original and a copy of the criminal record check certificate(s) issued by their country or countries of residence for the past 2 years.
- The document is valid for a period of 6 months. Foreign documents must be, where applicable, legalized or apostilled. Click here for more information.
- Indian Police Clearance Certificate (PCC) must be issued by the Regional Passport Office and apostilled by the Ministry of External Affairs.
- Proof of residence in the consular district. For instance, recent (no older than 6 months) utility bills that clearly display the applicant's full name and current address; copy of lease or of house deed; etc. Please, be aware that this is not an exhaustive list.
- Proof of the representative's identity and capacity.
- If the visa application is submitted through a representative, a self-attested copy of the ID card or passport of the representative and a copy of the power of attorney or official document accrediting representation must be submitted.
- The originals must be shown at the time of the application.
- Foreign documents must be legalized or apostilled. Click here for more information.
- Health insurance. Original and a copy of the certificate accrediting the public or private health insurance contracted with an insurance entity authorized to operate in Spain. The insurance policy must cover all the risks insured by Spain's public health system. Click here to find the authorized insurance companies.
- Payment of the visa fee. Click here for more information.
SPECIFIC REQUIREMENTS FOR INTERNATIONAL WORKERS:
- NIE number certificate. The applicant must apply for a NIE number prior to visa application. Click here to get the information about how obtain a NIE number.
- Certification of working for at least 3 months (before the visa application) for a foreign company. To this end, the applicant will submit a certificate, issued by the company and stating the following:
- If the applicant is an employee: a) Length of the contract; b) Explicit consent to work remotely in Spain; c) Salary.
- If the applicant is self-employed: a) Length of the contract; b) The terms and conditions to work remotely in Spain.
- Certificate issued by the Government Companies House, declaring the date of creation of the company (or companies) and the type of business.
- Documentary proof of registration with the Spanish Social Security System. The applicant must provide with a certificate proving the company and employee´s registration. If the applicant is self-employed, he/she must provide a certificate of registration with RETA (Régimen de Trabajadores Autónomos de la Seguridad Social Española).
- Responsible declaration by the company (if the applicant is an employee) or the applicant (if he/she is self-employed), stating their commitment to comply with the Spanish social security obligations before starting any work-related activity.
- Documentary proof of financial means.
- Financial means must be at least 200% of the monthly Spanish national minimum wage. Click here for more information.
- In the case of family members: For the first family member they must prove additional financial means of at least 75% of the Spanish minimum wage. For each additional applicant, 25% of the Spanish national minimum wage is required
- In order to prove the abovementioned resources, any means of proof are acceptable: work contract, bank statements, payslips etc.
- Copy of the university degree or professional certificate confirming that the applicant has at least 3 years of experience in his/her business activity.
SPECIFIC REQUIREMNTS FOR FAMILY MEMBERS:
- Documents proving family relationship with the worker: birth or marriage certificates issued by the civil registry, certificate of registration as an unmarried couple or any other document proving that the relationship is an unregistered partnership. Foreign documents must be legalized or apostilled and, when necessary, must be submitted together with an official translation into Spanish.
- In the case of adult children, documents proving their financial dependence and civil status. Foreign documents must be legalized or apostilled and, when necessary, must be submitted together with an official translation into Spanish.
- In the case of relatives in the ascending line, documents proving they are in the worker's care. Foreign documents must be legalized or apostilled and, when necessary, must be submitted together with an official translation into Spanish.
PROCEDURE
This Consular Office is competent to accept visa applications from individuals residing in the consular district.
- Who can apply for a visa: Visa applications must be submitted in person by the applicant or by a duly accredited representative. If the applicant is a minor, it must be submitted by one of their parents or by a duly accredited representative.
- Legalization and Hague Apostille of documents: Click here for more information.
- Place of submission: Applications must be submitted at the Consular Section in New Delhi with prior appointment through emb.nuevadelhi.nac@maec.es.
- Rectifying the application: The Consular Office may ask the applicant to submit any missing documents, or to provide additional documents or data that are necessary for a decision regarding the application. The applicant may also be called in for a personal interview.
- Decision period: The legal period for reaching a decision is of 10 days from the day after the application submission date, but this period may be extended if an interview or additional documents are requested.
- Collecting the visa: The visa must be collected in person by the applicant or by their legal representative (if the applicant is a minor) within a maximum period of 1 month, counted as of the day after the date on which the favourable decision is notified. The Consular Office will inform the applicant regarding the procedure for the return of the passport and any other original documentation.
- Refusal of the visa: Refusals will always be notified in writing, setting forth the grounds on which the decision adopted was based.
- Appeals:
- In case of refusal of a visa, the applicant can request reconsideration of decision by submitting in person an appeal letter at the Consular Section, as per the following instructions:
- Appeal can be presented within one month from the date of notification of the rejection.
- Appeal letter must be written in Spanish or in Spanish and English and must be duly signed by the applicant. In case of minors, appeal must be signed by the parents/legal guardians.
- Appeal letter must mention a telephone contact and an email address.
- In case of multiple applications, each applicant must present an individual appeal letter.
- Original and one photocopy of the appeal letter must be presented in person in order to be properly registered.
- Appeal letter can be presented on any day, except declared holidays, from Monday-Friday, between 9.00-13:00 hours, without any prior appointment.
- Appeal letter cannot be sent by email or by post.
- Maximum processing period of an appeal is one month. During the processing period, no status queries or requests for expediting the procedures will be entertained.
- Once the appeal has been processed, the applicant will be contacted by email directly by the Consular office.
- An application for judicial review may also be filed with the High Court Justice of Madrid within the 2-month period beginning the day after the date on which the applicant receives notification of the visa refusal or of the dismissal of the reconsideration appeal.
- Validity period of the visa: This visa will be valid for a maximum of 1 year or the same validity as the authorization granted to live and work in Spain. It is not compulsory to obtain a Residence Permit Card once in Spain, as the visa is proof enough of legal residency. However, it is possible to apply for a Residence Permit Card, voluntarily, at the Foreign Nationals' Office or the corresponding Police Station.