Articles 74 bis to 74 quinquies of Law 28/2022, of December 21, introduce in Law 14/2013, of September 27, the regulation of teleworkers of international character.
To begin with, the digital nomad or teleworker of national character is that person who is a national of a third State who is authorized to reside in Spain to carry out a remote labor or professional activity for companies established outside the Spanish territory through the use of computer, telematic and telecommunication means and systems.
In these cases, persons with this authorization may only work for companies located outside the national territory. It will be allowed to provide services to companies located in Spain as long as the percentage of this work does not exceed 20% of their total professional activity.
This teleworking authorization may be requested by qualified professionals who can prove that they are graduates or postgraduates from universities, professional training and business schools, provided that they have recognized prestige, or that they have a minimum professional experience of three years.
What does it take to become a digital nomad?
The requirements to be able to access the authorization to telework are found in Article 74 ter of Law 28/2022, which must be added to the general requirements of Article 62 of Law 14/2013.
The existence of a real and continuous activity for at least one year of the company or group of companies with which the worker maintains the employment relationship must be accredited.
Documentation must be provided to prove that the employment or professional relationship can be carried out in a remote work format.
In the case of an employment relationship, proof must be provided of the existence of this relationship for at least three months prior to the submission of the application for authorization, as well as documentation proving that the company allows the worker to perform the work remotely.
In the case of a professional relationship, it must be accredited that the worker has a business relationship with one or more companies not located in Spain for at least the previous three months, as well as the documentation that accredits the terms and conditions under which the professional activity will be carried out remotely.
Digital nomad visa in Spain
The visa will be valid for a maximum of one year, unless the period of work is shorter, in which case the visa will be valid for the duration of this period. It is an international teleworking visa that will constitute a sufficient title to reside and work remotely in Spain for the duration of its validity.
Sixty days before the expiration of the visa, the teleworkers of international character who are interested in continuing residing in Spain will be able to request the authorization of residence for international teleworker. This authorization will be valid for a maximum of three years, unless it is requested for a shorter period of work, and its renewal may be requested for periods of two years, provided that the conditions that gave rise to the right to it are maintained.
Posted by Helen Pino