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 carry out a self-employed activity (as a self-employed person) 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 renowned universities, vocational training centers or business schools of recognized prestige, or to prove a minimum of three years of professional experience.
The following family members of the teleworker can also obtain the visa:
• The spouse or common-law partner.
• Minor children and those over that age who are economically dependent on the teleworker and who have not constituted a family unit by themselves.
• The ascendants who are dependent on the teleworker.
It is necessary to apply for a NIE at the same time as the visa (See section Passports and other documents > Foreigner Identification Number).
Required Documents
General (for the international teleworker and for their family members):
1. National visa application form. Bilingual National Visa Application / National Visa Application in Spanish Each applicant, or their representative, will complete and sign a visa application in all sections.
2. Photography. A recent photograph, passport size, in color, with a light background, taken from the front, without dark glasses, reflections, or garments that hide the oval of the face.
3. Valid and unexpired passport. Original and a photocopy of the page or pages with biometric data 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 certificate. Applicants of legal age must present the original and a copy of the criminal record certificate issued by the country or countries of residence within the last 2 years. In addition, a responsible declaration of the absence of a criminal record for the last five years will be submitted. Foreign documents must be accompanied by the Hague Apostille and a sworn translation into Spanish. Certificates issued by authorities of countries that are not party to the Hague Convention must be legalized by the Ministry of Foreign Affairs of the corresponding country and then by the Spanish Consulate in the same.
5. Proof of residence in the consular demarcation. The visa applicant must prove their legal residence in the country where the application is submitted.
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 accrediting the representation must be submitted. The originals will be shown at the time of submitting the application. Foreign documents must be accompanied by the Hague Apostille and a sworn translation into Spanish. Certificates issued by authorities of countries that are not party to the Hague Convention must be legalised by the Ministry of Foreign Affairs of the corresponding country and then by the Spanish Consulate in that country.
7. Payment of the visa fee.
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 Spain.
It is not necessary to present health insurance if you prove coverage by the Spanish public Social Security system. If an international Social Security agreement 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 will be presented.
Specific for international teleworkers. Original and a copy of the following documents:
1. Certificate of the company reflecting:
a) Employee: the worker's seniority in the company (it must not be less than three months) and the express authorisation of the company 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 Mercantile 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. Responsible declaration (from the company or the self-employed worker) stating the commitment to comply with social security obligations prior to the start of the work or professional activity.
4. For employees: proof of the company's application for registration 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 regime).
6. The requirement of registration 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 said agreement, which provides temporary coverage in Spain. This circumstance will be included in the responsible declaration.
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 the bilateral agreements.
7. Documentation proving financial resources
a) Teleworker: amount that represents 200% of the minimum interprofessional wage (SMI) per month.
b) Family members of the teleworker: at least 75% of the SMI for the first person reunited and at least 25% of the SMI for each additional member.
To prove the amounts indicated, any means of proof may be used (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 accrediting the degree or professional experience: Original and a copy of the graduate or postgraduate degree from a university of recognized prestige, vocational training or a business school of recognized prestige. Alternatively, documents that prove 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 for the performance of the work or professional relationship at a distance that is authorized.
In order to practise a regulated profession, 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 coincide with those of the intra-company transfer visa.
Specific for the relatives of the teleworker of an international nature.
1. Documents proving the relationship of kinship with the teleworker: birth or marriage certificates issued by the civil registry, certificate of registration as a common-law partner or any other document that proves the relationship as an unregistered couple. Foreign documents must be accompanied by the Hague Apostille and a sworn translation into Spanish. Certificates issued by authorities of countries that are not party to the Hague Convention must be legalised by the Ministry of Foreign Affairs of the corresponding country and then by the Spanish Consulate in that country.
2. In the case of adult children, documents proving the child's economic dependence and marital status. Foreign documents must be accompanied by the Hague Apostille and a sworn translation into Spanish. Certificates issued by authorities of countries that are not party to the Hague Convention must be legalized by the Ministry of Foreign Affairs of the country concerned and then by the Spanish Consulate in the same.
3. In the case of ascendants, documents proving that they are dependent on the worker. Foreign documents must be accompanied by the Hague Apostille and a sworn translation into Spanish. Certificates issued by authorities of countries that are not party to the Hague Convention must be legalised by the Ministry of Foreign Affairs of the corresponding country and then by the Spanish Consulate in that country.
Procedure
This Consular Office is competent to accept visa applications from persons residing in the consular demarcation.
• Legitimate subject: The visa application must be submitted personally by the interested party, or by one of their parents, if they are a minor. It can also be submitted through a duly accredited representative.
• Place of submission: The visa application must be submitted in person at the Consular Section with a prior appointment assigned through the following email: emb.mascate@maec.es The email will be answered and an appointment will be scheduled for the interested party to come in person to the Consular Section of the Embassy to submit the application.
• Proof of delivery: The Consular Office will give the interested party an application receipt with a code that allows them to verify the status of the processing of the file through the link: https://sutramiteconsular.maec.es/Home.aspx
• Correction of the application: The Consular Office may ask the applicant to submit the missing documents, or to provide additional documents or data that are necessary to resolve the application. It may also summon the applicant to a personal interview.
• Deadline for resolution: The legal deadline for making a decision is 10 days from the day following the date of submission of the application, but this deadline may be extended when additional documents are requested or an interview is held.
• Withdrawal of the visa: The visa must be withdrawn 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 resolution is notified.
• Refusal of the visa: Where appropriate, the refusal of the visa will always be notified in writing, stating the reasons on which the decision is 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 or she receives notification of the refusal. You can also file a contentious-administrative appeal before the High Court of Justice of Madrid within 2 months from the day following the date on which you receive the notification of refusal of the visa or of the dismissal of the appeal for reconsideration.
• Validity of the visa: The visa is valid for 1 year or the same validity as the residence permit granted, provided that it is less than one year.
The visa proves residence in Spain during its validity, and it is not necessary to obtain a Foreigner Identity Card. However, this card can be requested at the Foreigners Office or the corresponding Police Station.
IMPORTANT NOTE: All foreign documents must be accompanied by the Hague Apostille and a sworn translation into Spanish. Certificates issued by authorities of countries that are not party to the Hague Convention must be legalised by the Ministry of Foreign Affairs of the corresponding country and then by the Spanish Consulate in that country.