Before applying for a telework visa, it is necessary to obtain a N.I.E. (Número de Identidad de Extranjero / Foreigner Identity Number). Please check the procedure and the necessary documentation in the following link:https://www.exteriores.gob.es/Embajadas/budapest/en/ServiciosConsulares/Paginas/Consular/NIE.aspx
Law 28/2022, of December 21, for the promotion of the ecosystem of emerging companies, has introduced a new migratory figure -international teleworker, in Law 14/2013, of September 27.
The definition of this type of worker, as well as the specific requirements that they must meet to get visas and residence permits are contemplated in the articles of new chapter V bis of section 2 of title V of the Law 14/2013.
This visa is intended for 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.
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 3 years.
Does not apply to citizens of the European Union or to those to whom European Union law applies
The Law allows those foreigners who are legally in Spain or who have accessed through the telework visa, to request a residence permit in order to telework remotely for a company located abroad, and it will be valid for a maximum of three years.
This means that FOREIGNERS WHO ARE LEGALLY 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.
The following family members of the worker may also obtain a family visa:
•The spouse or unmarried partner.
•Children and adult children who are financially dependent on the worker and who have not created a family unit of their own.
•Relatives in the ascending line in the worker's care.
Required documents (original and a copy) for the telework visa application
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). Photography. 1 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 a photocopy of the page or pages of the passport that contain biometric data. 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). Foreign Identification Number (N.I.E.). Certificate of Assignment of N.I.E.
5). Proof of residence in the consular district. The visa applicant must prove their legal residence in the country where the application is submitted.
6). Company certificate, reflecting:
a) If the worker is employed, the seniority of the worker in the company (at least 3 months), the worker's income, as well as the explicit permission of the company to the worker to carry out his/her job remotely from Spain.
b) If the worker is self-employed, the length of the contractual relationship, as well as the terms and conditions in which the worker will exercise the professional activity remotely.
This document must be submitted in Spanish or together with a translation into Spanish.
7). Certificate of the state Mercantile Registry showing the date of Constitution of the company and the type of activity. This must prove a real and continuous activity for at least 1 year of the company or group of companies with which the worker maintains a labor or professional relationship.
This document must be apostilled and submitted together with an official translation into Spanish.
8). 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.
The minimum required amount is equivalent to 200 % of Spain's Minimum Interprofessional Salary (SMI). For accompanying family members, an additional 75 % of the SMI is required for the second family member and additional 25 % of the SMI for each additional member from the third member of the family. These amounts can be accredited, among others, with the contract, certificate of the company, etc.
9). Criminal record check certificate. Applicants of legal age must submit both 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 background check must be issued within the 6 months preceding the submission of the visa application.
This document must be apostilled and submitted together with an official translation into Spanish.
If the applicant has lived outside the Hungary during the past 2 years, he/she must provide an additional criminal background check from every country where he/she has lived, authenticated with the Apostille of The Hague and translated into Spanish, with a notarized copy of both documents. 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 Consulate of Spain in said country.
10). Responsible declaration of the absence of criminal records of the last 5 years.
11). Health insurance. Proof of having public or private health insurance arranged with an insurance company authorized to operate in Spain, that covers all the risks insured by Spain's public health system for the entire duration of the authorization.
The health insurance must not have a deficiency, copayment, or coverage limit, that is, it must cover all of the medical, hospital and out-of-hospital expenses, preventive, diagnostic, treatment and rehabilitation assistance that are carried out in health centers as well as urgent health transport. Travel insurance is not accepted.
12). Responsible declaration of the company where the commitment appears, prior to the start of the work or professional activity, to comply with the Social Security obligations and, in case of paid employment and non-coverage by international standard of coordination of Social Security Systems, accreditation of the registration of the company in the Social Security.
13). Copy of the degree or documentation that proves a professional experience of at least 3 years.
14). Payment of the visa fee.
Required documents for family members
For each family member accompanying the worker, the following must be submitted:
- All the required documents specified in sections 1, 2, 3, 4, 11, and 14. Where applicable, those specified in 9, 10 also. 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 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, where applicable, 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, where applicable, must be submitted together with an official translation into Spanish.
- In the case of relatives in the ascending line, documents that prove they are in the worker's care. 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 visa: Visa applications must be submitted in person by the applicant, or by one of their parents if the applicant is a minor. They may also be submitted through a duly accredited representative.
•Place of submission: The application is submitted in person at the Consular Office of the Spanish Embassy in Budapest: Eötvös utca 11-B; 1067 Budapest It is necessary to make an appointment by calling +3612024006, you can also write to the e-mail: emb.budapest@maec.es
• 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/Home.aspx
•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 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 of 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 a maximum of 1 year, unless the work period is shorter, in which case the visa will have the same validity as this period.
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.