APPOINTMENT
The definition of this type of worker, as well as the specific requirements that they must meet to get visas and residences are 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 -) [ENLACE pdf]:
https://www.boe.es/buscar/pdf/2022/BOE-A-2022-21739-consolidado.pdf
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.
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.
(Does not apply to citizens of the European Union or to those to whom European Union law applies)
- 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:
- The spouse or unmarried partner.
- Children and adult children who are financially dependent on the teleworker and who have not created a family unit of their own.
- Relatives in the ascending line in the teleworker's care.
FOREIGNERS WHO ARE REGULARLY IN SPAIN CAN APPLY FOR A RESIDENCE PERMIT, WITHOUT THE NEED FOR A PRIOR VISA, TO TELEWORK REMOTELY FOR A COMPANY LOCATED ABROAD, AND WHICH WILL BE VALID FOR A MAXIMUM OF THREE YEARS.
Required documents (original and a copy) for the teleworker:
1. National visa application. 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. Company certificate, reflecting:
a) If he is an employee, the seniority of the worker in the company, as well as the explicit permission of the company to the worker to carry out of remote work.
b) If you are a self-employed worker, the age of the contractual relationship, as well as the terms and conditions in which you will exercise the professional activity to distance.
5. Certificate of Mercantile Registry (or similar body of the country) in which the date of Constitution of the company and the type of activity. You must prove a real and continuous activity for at least one year.Foreign documents must be legalized or apostilled and, where applicable, must be submitted together with an official translation into Spanish.
FLORIDA DIVISION OF CORPORATIONS: https://dos.myflorida.com/sunbiz/
GEORGIA DIVISION OF CORPORATIONS: https://ecorp.sos.ga.gov/
SOUTH CAROLINA DIVISION OF CORPORATIONS: https://sos.sc.gov
5. Financial means. Original and a copy of the 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. The minimum required amount is equivalent to 200 % of Spain's
Minimum Interprofessional Salary (SMI): $2,500.00.
Family units that include two people, counting the owner person and the regrouped person, at least, 75 % of the SMI ($920); 25 % of the SMI ($310) will be required for each additional member to the two people mentioned.
These amounts can be accredited, among others, with the contract, payroll, certificate of the company that moves, etc.
6. Criminal background check certificate dated no more than six months before the application date, stating that applicant does not have criminal record where they have resided for the past two years. Not applicable for students under 18 years old.
You must request a background check verified by fingerprint comparison. The criminal background check must be issued by the US Department of Justice - Federal Bureau of Investigation (FBI).
The background check must be issued within six months prior to the submission of the visa application. We do not accept local police criminal certificates.
The criminal record must be legalized with the Apostille certification and translated into Spanish by a sworn/certified translator. (The translation does not need an Apostille and the Apostille does not need a translation).
INFO FBI BACKGROUND CHECK DEPARTMENT OF STATE:
https://www.fbi.gov/services/cjis/identity-history-summary-checks
Translations (AMERICAN TRANSLATORS ASSOCIATION): https://www.atanet.org/
INFO U.S. DEPARTMENT OF STATE APOSTILLE:
https://travel.state.gov/content/travel/en/records-and-authentications/authenticate-your-document/apostille-requirements.html
If the applicant has spent six month 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.
7. A responsible declaration of the absence of criminal records penalties of the last 5 years.
8. Proof of public or private health insurance from an insurer recognized and authorized to operate in Spain. The insurance must cover all risks normally covered for nationals and must be maintained for the entire duration of the authorization.
It must cover at least all the preventive, diagnostic, treatment and rehabilitation assistance activities that are carried out in health centers or socio-health centers, as well as urgent health transport.
It must be health insurance (not travel). Therefore, it is not necessary to cover repatriations and/or evacuations.
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.
9. Responsible declaration of the company, in the event that the worker is employed by another, or the self-employed worker, where the commitment to comply appears, prior to the start of the work or professional activity, of the obligations in Social Security and, in case of non-coverage by international standard of coordination of Social Security Systems and work for others, accreditation of the registration of the company in the Social Security.
10. Driver's license/ID that proves your legal residence in our jurisdiction.
11. Immigration status in US (not applicable for US citizens): Green Card, valid U.S. student visa, work permit (stamp on the passport), or parole.
12. Copy of the degree or documentation that proves an experience professional of at least three years.
13. Payment of the visa fee. The visa fee is of an amount equivalent to $99. For citizens of the United States of America, the fee is $190 . For nationals of Australia, Bangladesh, Canada, and the United Kingdom different rates are applied for reasons of reciprocity. In these cases, the amount of the fee must be consulted with the Consular Office.
14. Foreign Identification Number (N.I.E.).
Required documents (original and a copy) for family members:
For each family member accompanying the teleworker, the following must be submitted:
- All the required documents specified in sections 1, 2, 3, 6, 8, 10, 11 y 14. In the case of minors, the visa application must be signed by one of their parents or by a duly accredited representative.
- Documents proving family relationship with the teleworker: 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, where applicable, must be submitted together with an official translation into Spanish.
- In the case of adult decedents, documents proving their financial dependence and civil status. Foreign documents must be legalized or apostilled and, where applicable, 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 teleworker's care. Foreign documents must be legalized or apostilled and, where applicable, must be submitted together with an official translation into Spanish.
When necessary to assess the application, the Consular Office may request additional documents or data and may also ask the applicant to come in for a personal interview.
Foreign documents must be legalized or apostilled and, where applicable, 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 permit: Visa applications must be submitted in person by the applicant, or by one of their parents if they are a minor. They may also be submitted through a duly accredited representative.
Only applications for visas applications will be accepted BY POSTAL MAIL (No specific carrier is requested but it is necessary that the envelope has a tracking number):
Consulado General de España en Miami
Visa Department
2655 Le Jeune Road, Suite #1016
Coral Gables, FL 33134
Honorary Consulates of Spain cannot process visa applications.
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 of the dossier through the following link: https://sutramiteconsular.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 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.
Collecting the visa: The visa must be collected in person by the applicant or by their representative 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.
Visa refusal: Visa refusals will always be notified in writing, setting forth the grounds on which the decision adopted was based.
Appeals: If a visa is refused, the applicant may submit an appeal for reconsideration to this Consular Office within 1 month of the day following the date on which notification of the refusal is received. 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: The visa is valid for 1 year.
The visa accredits residence in Spain during its validity period, making it unnecessary to obtain a Foreigner Identity Card. However, this card may be applied for at the Foreign Nationals' Office or the corresponding Police Station.