Telework visa (Digital Nomads visa)

January 2, 2024

OVERVIEW

Visa for foreigners who want to carry out a work or professional activity remotely for companies located outside Spain through the exclusive use of computer, telematic or telecommunication means.

Foreigners who carry out an activity as an employee may only work for companies located outside Spain.

Foreigners who are self-employed may also work for companies located in Spain, provided that the percentage of such work does not exceed 20% of their total activity.

To obtain this visa, it is necessary to have a graduate or postgraduate degree issued by prestigious universities, vocational training centers or business schools, or proof of a minimum of three years' professional experience.

The following family members of the teleworker can also obtain the visa:

The spouse or domestic partner.
Minor children and those over that age who are financially dependent on the teleworker and who have not themselves constituted a family unit.
Ascendants who are dependent on the teleworker.

It is necessary to apply for a NIE

at the same time as the visa.

FOREIGNERS WHO ARE LEGALLY IN SPAIN CAN APPLY FOR A TELEWORK RESIDENCE PERMIT DIRECTLY IN SPAIN, WITHOUT THE NEED FOR A PRIOR TELEWORK VISA. THE RESIDENCE PERMIT CAN BE VALID FOR A MAXIMUM OF THREE YEARS. IN CONTRAST, THE VISA HAS A MAXIMUM VALIDITY OF 1 YEAR.

Foreigners who are legally in Spain means, among others:

Foreigner that are legally in Spain without the need of a visa (for example Canadian citizens can stay in Spain without a visa for 90 days in a period of 180 days).
Foreigners that are legally in Spain with a visa (it can be any type of visa, e.g. tourist visa) during the period of the validity of the visa.

These foreigners can apply for the authorization of Residence to the UGECE (“Unidad de Grandes Empresas y Colectivos Estratégicos”, del “Ministerio de Inclusión, Seguridad Social y Migraciones” de España – “Large Companies and Strategic Groups Unit”, “Ministry of Inclusion, Social Security and Migration” of Spain). Please find more information on their web page.

Please note that, if you do not have (as a non-resident foreigner) an electronic certificate or CLAVE, you can interact and carry out all types of procedures with the Spanish administration through an authorized legal representative in Spain who will use a valid electronic certificate.

Required documents:

General (for international teleworkers and their family members):

1. National visa application form. Each applicant, or his/her representative, will complete all sections and sign a visa application.

2. Photograph. One (1) recent full-face color photograph passport-size, taken in person against a light background, facing forward, without dark or reflective glasses, or any garments concealing the oval of the face taken by a commercial photographer or studio no more than six months before the date you submit your application. It should also meet the requirements pictured on this link.

Photographs of minors must not show any part of the adult holding them.

3. Valid and unexpired passport. Original and a photocopy of the biometric page(s) of the passport. The passport must be valid for at least 1 year and have two blank pages. Passports issued more than 10 years ago are not accepted.

4. Criminal record check certificate. Applicants of legal age (18 years old and older) must submit the original and a photocopy (not notarized) of their criminal background check(s) issued by the country or countries of residence in the past 2 years. In addition, a responsible declaration of the non-existence of a criminal record for the last five years will be submitted too. You may download this declaration by clicking here.
In the case of Canada, only the negative criminal record certificate issued by the RCMP containing the visa applicant's fingerprints will be accepted. You will find more information about how to obtain it here.
Criminal records certificates from local police stations will not be accepted.
The Canadian Criminal Record Certificate must be authenticated with the Hague Apostille Certification, and must be accompanied by an official translation into Spanish by a sworn/certified translator.
The visa will not be issued without the Criminal Record Certificate apostilled by Global Affairs Canada, so it is recommended that you carry out this procedure with the Canadian authorities well in advance.
The official translation can include the translation of the Apostille as well, but it is not necessary (the translation does not need an Apostille and the Apostille does not need a translation). You can find a certified translator through The Association of Translators and Interpreters of Ontario.
The background check must be issued within 6 months preceding the submission of the visa application.
The apostille must certify the signature on the Criminal Background check, not other signatures (e.g. we don’t accept apostilles that certify the signature of a notary public that stamps a seal on the criminal background check).
If the applicant has spent more than 6 months (more than 180 days) during the last 2 years in another country (outside Canada) an additional criminal background check from every country of residence must be provided. The criminal background checks must be authenticated with the Apostille of The Hague, unless it is issued by an EU member state.
The criminal background check issued by an EU authority does not need to be apostilled to be accepted. You can check the list of the countries signing the Hague Convention here.
If the country in which the applicant has lived in the past 2 years does not subscribe to The Hague Convention of 1961, the background check must by authenticated by the Ministry of Foreign Affairs of the issuing country and then by the Spanish Consulate in that country. The background check must be accompanied by an official translation into Spanish (if the original is not written in Spanish), unless a multilingual version of the certificate which includes Spanish is submitted.

5. Proof of residency in the consular demarcation. The visa applicant must prove their legal residence in the country where the application is submitted. If the interested party is not a Canadian citizen, he/she must provide documentation proving his/her residence in Canada (permanent resident card or work permit or study permit with certificate of studies). The consular demarcation of the Embassy of Spain in Ottawa covers only the region of the capital of Canada (Ottawa and Gatineau). If you live in a location other than Ottawa or Gatineau, you should contact the Consulate General of Spain in Toronto or the Consulate General of Spain in Montreal, according to the demarcations of those Consulates.

6. Prove the identity and capacity of the representative. If the visa is requested through a representative, a copy of the representative's identity card or passport and the power of attorney or document proving representation must be submitted. Originals will be shown at the time of application.

7. Payment of the visa fee. Please refer to the consular fee chart.
Only cash, money order or certified cheque will be accepted, payable to the Spanish Embassy.
The established fees must be paid at the time of applying for a visa, with no refund in the event of a refusal.

8. Health insurance. Original and a copy of the public or private health insurance certificate contracted with an insurance company authorised to operate in Spain (the insurance company must be registered in the list of insurance and reinsurance companies of the Directorate-General of Insurance and Pension Funds of the Ministry of Industry, Trade and Tourism. The insurance must cover all risks insured by the public health system in España.
It is not necessary to present health insurance if you can prove coverage by the Spanish public Social Security system. If an international social security convention is applied that allows the teleworker insured in another State to carry out his activity in Spain, instead of health insurance, a certificate of entitlement to coverage issued by the competent institution of the State in whose Social Security system he is insured must be submitted.
Specific for international teleworkers. Original and a copy of the following documents:

Company certificate reflecting:
a) Employee: the worker's seniority in the company (must not be less than three months) and the company's express authorization for the worker to work remotely.

b) Self-employed worker: the length of the contractual relationship (it must not be less than three months) and the terms and conditions under which the professional activity will be carried out remotely.
Certificate from the Commercial Registry (or equivalent body of the country) reflecting the date of incorporation of the company (it must not be less than one year) and the type of activity carried out.
Statement of responsibility (from the company or self-employed worker) showing the commitment to comply with social security obligations prior to the start of work or professional activity.
For employees: proof of application for registration of the company with the Spanish Social Security and proof of the worker's affiliation to the Social Security.
For self-employed workers: proof of affiliation to the RETA (self-employed workers scheme).
The requirement to register with Social Security may be replaced by the importation of the right from the country of origin when there is an international Social Security agreement with Spain. In this case, the Social Security of the country of origin must issue a certificate of applicable legislation for teleworkers, based on this agreement, which provides temporary coverage in Spain. This circumstance will be included in the declaration of responsibility.
Important: only some countries issue the aforementioned certificate of coverage for teleworkers. It is recommended to consult the international conventions on social security and the models of certificates of legislation of bilateral agreements.
Documentation that proves financial resources
a) Teleworker: amount that represents 200% of the minimum wage (SMI) per month.

b) Family members of the teleworker: at least 75% of the minimum wage for the first person regrouped and at least 25% of the minimum wage for each additional member.

Any means of proof may be used to prove the amounts indicated (employment contract, firm offer of employment or, in the case of professional activity, commercial contract that corresponds to the work or professional activity to be carried out, or others). The ownership, legality and availability of the funds used as evidence must be accredited.
Documentation proving the degree or professional experience: Original and a copy of the graduate or postgraduate degree from a prestigious university, vocational training or business school. Alternatively, documents accrediting a minimum of three years' professional experience in functions similar to those of the position to be performed as an international teleworker. The experience must be comparable to the qualification required and relevant to the performance of the telecommunications employment or professional relationship that is authorised.
In order to practise a regulated profession, proof of the recognition of the qualification necessary for its exercise must be accredited.

If there are doubts about the equivalence of a vocational training qualification in the Spanish education system, accreditation of the validation of the qualification may be required from the competent educational authority.

A teleworking visa may not be granted when the conditions of the application are the same as those of the intra-company transfer visa.

Specific for the family members of the international teleworker

Documents that prove the family relationship with the teleworker: birth or marriage certificates issued by the civil registry, certificate of registration as a civil partnership or any other document that proves the relationship as an unregistered partner.
In the case of adult children, documents proving the child's economic dependency and marital status.
In the case of ascendants, documents proving that they are dependent on the worker.

Procedure:

This Consular Office is competent to accept visa applications from individuals residing in the consular district.

Who can apply for a visa: The visa application must be submitted in person by the person concerned, or by one of his or her parents, if he or she is a minor. It can also be submitted through a duly accredited representative.
Place of submission: It will be necessary to obtain an IN-PERSON appointment for the physical delivery of the application. To request an appointment, click HERE. On-line applications are not accepted.

The address of the embassy is as follows:
Embassy of Spain in Ottawa
Consular Section
74 Stanley Avenue
Ottawa, ON
K1M 1P4

Proof of receipt: The Consular Office will provide the applicant with proof of receipt of the application with a code that enables them to check the status through the following link.
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 10 days as of the day after the submission date of the application, but this period may be extended when an interview or additional documents are requested. Please note: missing or mistaken documents will delay the process of your visa.
Collecting the visa: The visa must be picked up personally by the interested party or by their representative, without the need for an appointment, within a maximum period of 1 month, counted from the day following the date on which the favourable decision is notified.
Visa refusal: Visa refusals will always be notified in writing, setting forth the grounds on which the decision adopted was based.
Appeals: In the event of a visa refusal, the applicant may file an appeal for reconsideration with this Consular Office within 1 month from the day following the date on which he receives notification of the refusal. You can also lodge an administrative appeal with the High Court of Justice of Madrid within 2 months from the day following the date on which you receive the notification of visa refusal or rejection of the appeal for reconsideration
Visa validity: The visa is valid for 1 year or the same validity as the residence permit granted, provided that the residence permit is less than one year.

The telework visa is sufficient title to reside and work remotely in Spain during its period of validity, so it is not necessary for the worker to obtain the Foreigner Identity Card. However, the worker may request this card at the Immigration Office or at the corresponding Police Station.