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The Digital Nomad Visa for remote working in Spain

The Digital Nomad visa for remote working in Spain

How to Apply for the Digital Nomad Visa for remote working in Spain.

If you are thinking of  working overseas and are keen to relocate to Sotogrande or Marbella. Here is some vital information for you.

It is advisable to speak to your lawyer about the Digital Nomad Visa for remote working in Spain .
Luxury Partners Real Estate can highly recommend Esther Pujol Wilkie of Esther Pujol Wilkie and Associates https://pujolwilkie.com/who is a fluent English and Spanish Speaker.

As of January 2023, applications can be made for the Digital Nomad Visa for remote working in Spain

Can I be a Digital Nomad in Spain?

The short answer to that question is, yes, as from January 2023, you can be a digital nomad in Spain if you are an employed worker whose company, located outside Spain, allows you to travel and work remotely or you are self employed with several clients spread over the world or with an income derived from online activities outside of Spain.

What is the Ley de Startup
The Ley de Startup, or Startup Laws, are a whole raft of legislation that aims to attract international investors, digital nomads and new companies to Spain with visa incentives, tax breaks, fewer bureaucratic hoops and other benefits.

The legislation was first proposed back in 2019 and has since been amended 217 times whilst passing through the Committee on Economic Affairs and Digital Transformation, the Spanish Cabinet and the Spanish Parliament. The Law has now been ratified by the Senate to allow it to come into force in January 2023.

What is a Digital Nomad?

The law defines a digital nomad as “people whose jobs allow them to work remotely and change residence regularly”.

Spain is keen to encourage digital nomads, and not just for the tax those nomads will pay, nor the skills they will bring to the country. A major factor making the Startup Act acceptable to all the major political parties in Spain is the prospect of re-populating what is known as España Vaciada – or Emptied Spain, those villages that have seen their population move on over the years. There are dozens of villages in Spain in terminal decline.

Qualifying for a Digital Nomad Visa in Spain

The company/s for which you are currently working (or have a working relationship as a freelancer with), must be located outside of Spain

Incomes received from Spanish companies (or in Spain) can’t represent more than 20% of your total income

You must demonstrate that you have been working for your company or having a freelance relationship with your clients for at least 3 months prior to your application and that your contract with that same company is for at least 1 year

– Either demonstrate 3 years of work-related experience prior to application, or be a graduate or post-graduate from a reputable university, or have completed a recognised course of vocational training at business schools of recognized standing

– You can’t have a criminal record, nor have entry to Spain prohibited. You must submit your legalized and apostilled criminal records certificate with a minimum validity of 90 days

– Submit a declaration of no criminal record for the last 5 years

You will have to fill out the application form you can download it here-

Have private health insurance, with full coverage throughout Spain- Bank certificate proving the possession of at least €28,800 for the main applicant (and €7,200 for each additional family member). If the money is in a foreign bank, it will be necessary to provide a simple translation. (It is unclear yet whether this will be replaced with a provable minimum earning requirement of between 2100 and 3000 Euros per month).

Depending on whether you work for a company as an employee or are a freelancer
– If you have a contract with a foreign company (as an employee), it will be essential that this company has been operating for at least 1 year prior to your application
– The company must state that your position allows remote work, and that they specifically allow you to do so
– If you are a freelancer, you must be working for at least one company outside Spain and the permission to work remotely must be included in the terms and conditions of your contract.

Fast Track Application
Applications for a Digital Nomad Visa will be fast tracked and should be resolved within 20 days of application. Furthermore the application benefits from what is known in Spain as positive administrative silence. In other words, if you receive no response within 20 days, your application is considered accepted.

How long will a Digital Nomad Visa for Spain last?
The new Spanish digital nomad visa will last for 1 year after approval. Additionally, under the current proposals, residents holding the visa will be able to renew it for a further 2 years if they continue to the meet the necessary requirements, extendable to 5 years.

The Digital Nomad Visa application form allows you to include your spouse and children in the same application so there will be no delay in moving your family to Spain.

Who is the Digital Nomad Visa For?
The new Spanish visa for remote workers has been created for foreign employees from Non-European Economic Area (EEA) countries. People with EU passports or arriving from Schengen countries can already work remotely in the country for up to 6 months of the year without needing to register officially.

For those arriving from non-EU countries the new digital nomad visa will allow applicants to apply who are either:
• Employed by non-Spanish companies
• Have an income with less than 20% earned from Spanish companies
• The new visa will also ease the process of applying for residency on arrival. As it stands, it is necessary to register for a permit with local municipalities within 30 days of settling in Spain.

The digital nomad visa will be a perfect option for people working remotely as freelancers or entrepreneurs with multiple clients. It will also benefit people employed full time with foreign companies, with the ability to work from home or abroad.

How much Tax will a Digital Nomad pay in Spain?

Holders of the Digital Nomad Visa in Spain will pay a Spanish non-resident tax rate (IRNR) of 24% for the first five years on income derived from work up to 600,000 Euros. They will have to demonstrate that at least 80 percent of their income comes from foreign companies for this IRNR tax to apply.

Digital Nomad Visa taxes will be substantially less than the normal rate of taxation in Spain that increases to 48% depending on earnings.

Holders of the Digital Nomad Visa will be able to apply to defer payment of tax in the first and second year without incurring any interest.

Where To Obtain the Digital Nomad Visa

Applications for the Digital Nomad Visa will be made in the same way as existing visas, at Spanish Embassies and Consulates in countries outside the EU. Those visas will be valid for one year and will be renewable for up to five years after which you can apply for permanent residence.

For those people already in Spain, for example, with a tourist visa (also known as the Schengen visa), or citizens of America, Canada, Britain and Latin America who are in the country for up to 90 days within each period of 180 days, applications can be made within Spain. Those visas will be valid for 3 years and renewable for a further two years after which you can apply for permanent residence.

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The Digital Nomad Visa for remote working in Spain

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