Telework visa (Digital Nomad)

​​​

The definition of this type of workers, as well as the specific requirements that they must meet to get visas and residence permit, is contemplated in the new articles that have been generated after the modification of the Law of Entrepreneurs (FINAL PROVISION FIFTH OF THE LAW 28/ 2022, Modification of Law 14/2013, of September 27) to support entrepreneurs and their internationalization - Digital Nomads:

Nationals of third countries who travel to Spain to carry out a remote work or professional activity for companies located outside the national territory, through the exclusive use of computer, telematics and telecommunication media and systems.

*[Citizens of the European Union or those to whom European Union law applies are not eligible for application.]

- 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.

Qualified professionals may apply for a visa or teleworking authorization that accredit being 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.

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

1) The spouse or unmarried partner

2) Children and adult children who are financially dependent on the teleworker and who have not created a family unit of their own

3) Relatives in the ascending line in the teleworker's care

FOREIGNERS WHO ARE REGULARLY IN SPAIN CAN APPLY FOR A RESIDENCE PERMIT TO TELEWORK REMOTELY FOR A COMPANY LOCATED ABROAD (Maximum of 3 years), WITHOUT THE NEED FOR A PRIOR VISA.

Procedure

1. Obtaining N.I.E. certificate (It usually takes 2-4 weeks. For further information, click on the link.)

2. Applying for visa (General information about​ National visa in Korean​ and English​) ​

Required documents

NOTE THAT if the original document was not issued neither in English nor Spanish, it needs to be translated into Spanish and the translation must be certified by a notary.

NOTE THAT all documents issued in any foreign country (except in Spain) must be either legalized through Spanish consular representations located in the issuing country of the document or hold the Hague Apostille. (The translation does not need an Apostille and the Apostille does not need a translation)

NOTE THAT ALL THE DOCUMENTS SPECIFIED BELOW ARE REQUIRED DOCUMENTS.

1. National Visa Application Form: Each applicant, or their representative, must complete and sign a visa application form, filling in each of​ its sections.

2. Photograph: 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.

3. Valid, unexpired passport: Original and full passport copy (all pages). The passport must have a minimum validity period of 1 year and contain two blank pages. Passports issued more than 10 years ago will not be accepted.

4. Labor contract: It must reflect that the applicant has a labor contract that lasted for more than ​3 months prior to the date of visa application.

a) In the case of an employee: a certificate that reflects the seniority of the worker in the company, as well as the explicit permission of the company to the worker to carry out remote work.

b) In the case of a self-employed worker: a certificate that reflects the duration of the contractual relationship, as well as the terms and conditions, based on which the worker will exercise the professional activity remotely.

5. Certificate of Mercantile Registry: (or similar body in the country) which specifies date of establishment of the company and the type of activity. You must prove a real and continuous activity for at least one year.

6. Financial means: documents proving sufficient own financial means, or accrediting a regular source of income for the teleworker and, where applicable, for the family members accompanying them. All the applicants must submit all the following documents A, B and C:

A) Income certificate (replaceable by employment contract with relevant information)

- In the case of an employee in Korea: “Certificate of Income (of the previous year)" issued in English by Korean public office (Korean National Tax Service/Tax office, etc.) *[It must hold an apostille]

B) Deposit certificate: issued either in Spanish or English by bank (In the case of printing it out online, it must have a vertification code).

C) Bank transaction details: issued either in Spanish or English by bank (In the case of printing it out online, it must have a vertification code).

<The minimum required amount is equivalent to 200 % of Spain's Minimum Interprofessional Salary (SMI): 2,160€>< Family units that include two people, counting the owner person and the regrouped person, at least, 75 % of the SMI (815€); 25 % of the SMI (270€) will be required for each additional member to the two people mentioned.>

7. Criminal background check certificate of the past 2 years: dated no more than 3 months before the application date, stating that applicant does not have criminal record where they have resided for the past five years. *[Not applicable for students under 18 years old]

- Korean “Criminal(Investigation) Records Check Reply" issued in English by the Korean National Police Agency *[It must hold an apostille]  

- It is not necessary to submit Spanish Criminal Background check certificate although the applicant have resided in Spain within the past five years.

- Criminal background check of other countries: please contact the bodies in charge.

*[If the applicant has spent 6 months or more during the last five years in another country/State, he/she must submit the police records from that country/State, legalized with the Apostille Certification and translated into Spanish. If the country is not part of the Hague Convention the document must be legalized by the Ministry of Foreign Affairs and then by the Spanish Consulate in that country.]

8. A responsible declaration of the absence of criminal records penalties of the last 5 years (SAMPLE)

9. Proof of private health insurance from an insurer recognized and authorized to operate in Spain (you can check authorized insurers by clicking on here):

1) The insurance must cover all risks normally covered by applicant's National Health System and must be maintained for the entire period of the labor/professional activity. 2) It must cover at least the followings: prevention, diagnosis, treatment, and rehabilitation of diseases and injuries and childbirth, death and health promotion. 3) It must be health insurance (not travel). The health insurance must not have a deficiency, copayment, or coverage limit, that is, it must cover 100% of the medical, hospital, and out-of-hospital expenses.

10. Documents regarding the Social Security System:

[Employee]  a or b 

a.  a responsible declaration, where appears the company's commitment to comply with the obligations regarding the applicable Social Security System during the entire period of the labor activity

b. proof of application for registration of the company in the Spanish Social Security and proof of the worker's affiliation to Social Security (Application form for aforementioned registration)