Before applying for this type of visa, it is necessary to obtain a N.I.E. (Número de Identidad de Extranjero / Foreigner Identity Number).
You must review the procedure and the necessary documentation to carry out this procedure in the following
link
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 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.
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.
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.
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.
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 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 five 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).
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.
5. A responsible declaration of the absence of criminal records penalties of the last 5 years.
6. Proof of residency in the consular demarcation. Copy of ID/Driver's License (interim ones are not valid). For non-US applicants only: proof of immigration status in the US: must provide a copy of Alien Registration Card (Green Card) or US Visa (except B-1/B-2).
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:
1. Company certificate reflecting:
a) Employee: the worker's seniority in the company (must not be less than three months) and the company's explicit 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.
2. 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.
3. 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.
4. 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.
5. For self-employed workers: proof of affiliation to the RETA (self-employed workers scheme).
6. 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.
7. 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.
8. 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
1. 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.
2. In the case of adult children, documents proving the child's economic dependency and marital status.
3. 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: Applications must be submitted in person at the Consular Office. An appointment is necessary by sending an email to : cog.nuevayork.visnac@maec.es
- Full name
- E-mail address and phone number
- Passport number and nationality
- Type of visa requested
- Scanned copy of the ID/Driver License (Not interim ID/Driver’s license)
- Scanned copy of the identity page of your Passport (if you are not an American citizen, you must also attach a copy of your US residence visa or Green Card)
- 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.