In December 2022, the Spanish parliament gave its final approval to the special digital nomad visa and fiscal regime for startups. The law came into effect on the 23rd of December, 2022. The legislation opens Spain to new talents in all walks of the economy.
The business community in Spain and abroad has welcomed the news, which has been particularly well-received among remote workers. Under the new law, these so-called digital nomads would find it much easier to live and work in Spain.
In this article, we summarise the main points of the new digital nomad visa and its benefits.
See here if you’d like our help in applying for the Digital Nomad Visa.
What is the background to the new digital nomad law in Spain?
Spain is keen to attract international talent and skills in the digital and technological sectors. To this end, the government has approved a new draft law with several purposes. They include:
- Facilitating paperwork for startups.
- Reducing the tax burden on companies and entrepreneurs.
- Streamlining the process to set up a business.
- Introducing a digital nomad visa.
When will the new digital nomad law come into effect in Spain?
The law has been passed in the two houses of the Spanish parliament (Congress and Senate), with a majority vote. The law was approved on the 23rd of December, 2022.
What is the purpose of the digital nomad visa in Spain?
This visa is designed for non-resident individuals who wish to work remotely from Spain. It will facilitate the visa and residence permit applications and allow a stay of up to 5 years.
Which nationality is Spain’s digital nomad visa for?
Third-country nationals, i.e., non-EU citizens.
Note that third-country nationals registered as family members of EU citizens are not eligible for this visa, as they benefit from the advantages of EU law.
Does the digital nomad visa in Spain have tax benefits?
Yes, this is one of the main attractions of the new visa. Holders would be eligible for a reduced rate of non-resident income tax.
The tax rate for employees holding the Digital Nomad visa will be 24% up to 600,000 euros. From 600,000.01 euros onwards, the tax rate will be 47%.
Will the digital nomad visa in Spain include family members?
Yes, foreigners who get this new type of visa in Spain will be able to include close family members such as spouses and children in the visa provisions.
Which dependents can come to Spain with me on this digital nomad visa?
Your spouse or partner and children under 18. If you wish to bring children over 18 with you, you will need to prove they are financially dependent on you and do not have their own independent family. In the case of your parents, you must prove they’re in your care.
Will my dependents have to present a separate application for the digital nomad visa in Spain?
We can make the applications at the same time and do so electronically in your name.
Will the new digital nomad visa in Spain be a better option than those available currently?
At Costaluz Lawyers, we firmly believe that will be the case. Digital nomads in Spain currently have few viable visa options (see below), and those that do exist have onerous paperwork procedures. We welcome this new law as we know it will facilitate life in Spain for many talented individuals.
In addition, it will make things much easier for British nationals who wish to work remotely or as a freelancer in Spain.
Does this new visa apply to beneficiaries of the UK withdrawal agreement?
It does not apply to EU citizens or those to whom EU law applies, including beneficiaries of the UK withdrawal agreement who may perform work activities without the need to obtain additional work authorization.
What are the current requirements for the digital nomad visa in Spain?
Foreigners from third-party countries (including the UK) may apply for this type of visa if they work for companies based outside Spain. Their work for Spanish companies may not exceed 20% of the total.
They must prove the following:
- That the work can be carried out remotely.
- If they are under contract to a company, that they have had a professional relationship with the company for at least three months, and that the company permits remote working.
- If they are freelance, that they work with at least one company outside Spain and provide the terms and conditions of the remote work.
What are the other requirements for the digital nomad visa in Spain?
Applicants also have to provide proof of the following:
- That they are not in Spain illegally.
- That they have no criminal record in Spain or in the country (countries) that they have lived in for the last five years.
- That they have a health insurance policy for at least one year. If it’s a private policy, it must be with a company authorised to offer insurance in Spain.
- That they have sufficient funds, both for themself and their dependents.
How much is considered as sufficient funds for my digital nomad visa application in Spain and how do I prove I have them?
Sufficient funds are as follows (figures for 2023):
- The visa holder – 200% of the minimum salary, so €1,100 x 200% = €2,200.
- First dependent (i.e. your spouse or partner) – 75% of the minimum salary, so €1,100 x 75% = €825.
- Further dependents (i.e. children) – 25% of the minimum salary each, so €1,100 x 25% = €275 each.
How can I prove sufficient funds for my digital nomad visa application in Spain?
You must provide proof when you make your application, for example, with a copy of your contract stating your salary, salary slips or a certificate from your company stating your salary.
Is it easier to apply for the digital nomad visa from Spain or from outside Spain?
The application process is easier and cheaper if you do it once you’re in Spain. However, you can apply for this visa at a Spanish consulate in your home country.
Is it therefore a good idea to go to Spain using the 90-day Schengen visa to apply for the digital nomad visa in Spain?
We think so because the process is easier and cheaper especially that the law has been approved as of December 23, 2022.
Can I apply for the digital nomad visa if I’m already in Spain and resident under a different type of visa?
Yes, if you fulfill all the requirements for the digital nomad visa. Note, however, that if you are registered as a family member of an EU citizen, you cannot apply for this visa.
What is next for the digital nomad visa in Spain?
The law was already approved on the 23rd of December, 2022. The minute the digital nomad visa is available at Spanish consulates, we will include it in our visa services.
What should I do if I have other questions about the digital nomad visa in Spain?
Get in touch with our expert team, who will be more than happy to answer further questions on the new visa. Or start your Spanish Digital Nomad application today.
Maria Luisa Castro
Can you not use this visa to retire and not work
Hi Yvonne,
If you are retiring and not working, the right visa is the Non Lucrative Visa.
Do foreign attorneys working remotely for a foreign employer need to obtain licensure to practice law in Spain?
Dear Timothy,
Thanks for contacting us through our blog.
You just would need a license in Spain if the cases you are working are under Spanish jurisdiction.
Best wishes
Maria
How certain are you that you have to have worked remotely for at least a year? 🙂
Hi Kesley,
This is what is being proposed so far by the Draft Law. Nevertheless, we need to wait till the Law is finally approved.
We’ll be keeping everyone updated on the CLL blog.
Best wishes
María
Hi Maria,
Under the proposed digital nomad visa, do you know how taxation would work? For example, would the visa holder pay all of their income tax in Spain, even if their income is from a UK company? And if so, is the employee’s company required to be involved in the visa process, aside from confirming the work is remote, do they change how they pay you through PAYE?
Thanks,
Chloé
Hi Chloe,
The Remote Work Visa is not approved yet and there is no established date for its approval. We really think it is going to be in place very soon -the Government has stated that it is planned to come into effect by the end of 2022-. It will be valid for at least one year (it can be renewed). The requirements are as follows:
· The existence of real and continuous activity for at least one year of the company or group of companies with which the worker has a labor or professional relationship.
· Documentation accrediting that the employment or professional relationship can be carried out remotely.
· In the event of the existence of an employment relationship, (if you are an employee) the employment relationship between the worker and the company not located in Spain with whom the relationship has been maintained for at least the last three months must be proven, as well as documentation proving that said company allows the worker to carry out the work activity remotely.
· In the event of the existence of a professional relationship (if you are self-employed), it must be proven that the worker has a commercial relationship with one or more companies not located in Spain for at least the last three months, as well as documentation that proves the terms and conditions under which the professional activity will be carried out remotely.
Also, there will be a reduction on Non-Resident Income Tax, from the general rate of 25% to 15% in the first four fiscal years since the taxable income is positive.
Hi Maria 🙂
Now that the Visa has been released – I’m in the process of gathering my documents, I was wondering if there was an answer to this question from Chloe as I’m in the same situation. I already pay tax in the UK for my remote employer. Is it possible for me to continue paying tax in the UK?
Thanks
Rob
Dear Rob,
Concerning to the taxes of the Digital Nomad Visa, according to the Spanish Law, it will be taxed with a special tax regime in Spain.
If the UK taxes this income in Spain, a deduction may be applied in order to avoid double taxation.
At your disposal.
Hi Maria Luisa, thank you for your knowledge sharing! I was wondering, from the side of the UK company, are there any risks/financial implications for their employee applying for this visa? Having a difficult time convincing my company to do so, so want to have some evidence that it has no implications on their tax obligations, merely on social security I would pay which would be to Spain not UK if a resident in Spain – is that correct? gracias!
Dear Am,
Thank you for reaching out, and I’m glad you’ve found the information shared helpful.
You’re correct that having an employee reside in Spain can have implications regarding where social security is paid. However, to minimize complications for the UK company, especially in terms of social security and taxation, what we’re advising as of now is to register as a TRADE (Trabajador Autónomo Económicamente Dependiente) in Spain. This translates to an Economically Self-Employed Worker.
By registering as a TRADE, the primary responsibilities for social security and tax shift from the company to the individual. This avoids placing additional burdens on the UK company, both in terms of social security and taxation.
However, it’s important to have a clear agreement with your employer about social benefits, such as unemployment benefits, pensions, and other considerations, as that was part of your Employment benefits in the UK and you will start making those contributions in Spain.
We can certainly assist you in formulating such an agreement and provide further consultation on how to best handle this transition, ensuring both you and your company are protected and clear on responsibilities.
Please let me know how you’d like to proceed, and I’m here to help every step of the way.
Warm regards,
Maria Luisa
Can you include your partner on the nomad visa? Many remote workers are not married or civil partnership, would they be able to be included?
It states close family member and children.
Hi Ayton,
Regarding your question, you would have to be married or registered as a civil partnership (public registry) in order to be able to include your partner.
Dear Maria,
Hope you are well.
When is the digital nomad visa out? Can you apply while in Spain?
Many thanks
Ilham
Dear Mohamed,
This is Sara Velasco from Costaluz Lawyers. It is a pleasure talking to you.
The Remote Work Visa (https://costaluzlawyers.es/blog/key-points-of-the-digital-nomad-visa-in-spain/) is not approved yet and there is no established date for its approval. We really think it is going to be in place very soon -the Government has stated that it is planned to come into effect by the end of 2022-. It will be valid for at least one year (it can be renewed). The requirements are as follows:
·The existence of a real and continuous activity for at least one year of the company or group of companies with which the worker has a labor or professional relationship.
·Documentation accrediting that the employment or professional relationship can be carried out remotely.
·In the event of the existence of an employment relationship, (if you are an employee) the employment relationship between the worker and the company not located in Spain with whom the relationship has been maintained for at least the last three months must be proven, as well as documentation proving that said companyallows the worker to carry out the work activity remotely.
·In the event of the existence of a professional relationship (if you are self-employed), it must be proven that the worker has a commercial relationship with one or more companies not located in Spain for at least the last three months, as well as documentation that proves the terms and conditions under which the professional activity will be carry out remotely.
Also, there will be a reduction on Non-Resident Income Tax, from the general rate of 25% to 15% in the first four fiscal years since the taxable income is positive.
Please find an infographic about this visa attached. That is all the information we have for now. If you like, we could contact you once we receive all the official information from the Government.
Hi Maria,
Under the proposed digital nomad visa, can you include parents (close relatives) over 65 in the visa (as opposed to getting separate visas and more cost), or do any of the current visa options allow for this situation?
And is it still the end of 2022 this new visa should be available?
Thanks,
Christopher
Dear Christopher,
This is Sara Velasco from Costaluz Lawyers. It is a pleasure talking to you.
Regarding your question, it is required to demonstrate that your parents are objectively unable to provide for their own needs due to their state of health. Therefore, you would have to prove that they are in your care.
Hi Maria,
Thank you very much for your excellent information. How will UK companies pay an employee salary under the digital nomad visa? Does this cause difficulties for the company, or is the process simplified under the new nomad visa laws?
As the law is not approved yet, we are not able to answer those specific questions. However, once we receive the official information from the Government, we will let you know all the details.
Thank you!
I have seen that the law has now been approved – do you have any further information on the question on how UK companies will pay a worker who is remotely working under the Nomad visa?
That has not been established, but as the UK company does not have to register in Spain, payroll payments will continue to be made in the same way.
Has any indication been given as to how taxation will work for the employer? Obviously I understand that this is still a draft, so details may be sketchy.
For example: I work for a UK company, but the employer does not operate within Spain. They are happy for me to work remotely and they are happy to provide initial support for my application. Do their obligations around corporation tax change, are they liable for anything in Spain, or can they continue to operate as if I was a permanent worker within the UK?
My understanding is that visas that exist globally right now would change their tax obligations and therefore make gaining agreements infeasible. An organisation is not going to spend money on investigating its tax obligations for many different countries just so employees can work outside of their native territory. But with ‘digital nomad’ visas, it feels like this is something that would have to be addressed directly to go along with what they are trying to achieve. So I’m intrigued to know whether there has been any reference to this so far or whether it’s a blind spot for them right now.
Unfortunately, we are not able to answer your question, as the law is not approved yet and nothing has been said regarding that matter. If you like, we could contact you once we receive all the official information from the Government.
Yes, please, Maria. That would be really helpful. Thank you.
Is there a way to try to influence or ensure that this viewpoint is on the radar with those who are progressing the draft law for their consideration? Who is leading its progression?
My employer has already stated en masse that it is happy for its remote workers to work abroad right up until the moment their obligations change in that territory because of it and I’m sure that would be the same for many others too. I’d be gutted if this ended up being the reason why I couldn’t take advantage of this proposed visa/law!
Hello! Is it possible to use this program if I already in Spain and have residence by EU temporary protection for Ukrainian refugees. I have a remote work with Asian company.
Thanks!
Hi Yehor,
Regarding your question, yes, this visa is for third-country nationals, and those already in Spain under another residence permit can also apply for it.
Thank you.
Once it is decided how a U.K. company pays the salary of a digital nomad in Spain is like to know the arrangement please
Hi Kate,
Law was just approved last week. Once the definitive text is finally published, we will post all this info on our blog.
Best wishes,
Maria
Hi,
Is there any minimum monthly/yearly income value required to apply?
Regarding your question about the minimum income, this has not been established -the law states nothing about that. However, we will have to wait for the law to be approved in order to know all the details. If you like, we could contact you once we receive all the official information from the Government.
Hello Maria! Thank you very much for this article, very helpful. I have a question regarding current Non-Lucrative Visa Process. When we say ‘remote workers can’t apply for this’, or they are being denied frequently, etc, what the remote worker will mean in this case? Is it someone registered for a company outside of Spain, and ‘working from home’? what about the cases when i’m on a contract, or a freelancer working on some freelance platforms?
The Non-Lucrative visa does not allow you to work in any way. You can only receive passive incomes (dividends, rentals, etc).
I’m holding a Filipino passport and it is to my knowledge that if I live in Spain legally for 2 years, I can obtain Spanish nationality. My question is – does living in Spain under the digital nomad visa grant me access obtain the Spanish nationality (given that I am eligible and fill all the requirements) after completing two years?
Regarding your question, as it is a residence permit, it should give you access to Spanish nationality. However, we will have to wait for the law to be approved in order to know all the details.
When is this law expected to be approved (or not)?
I satisfy all the expected criteria so far but would it include my partner of some 30+ years? We’ve lived together in the UK since the early 90’s, in essence as husband and wife, though we never actually got married.
Best regards and thanks for the article.
Hi Andrew,
We have some good news. The Draft Law has just been approved and the Government has stated it is planned to come into force by January 2023.
Regarding your question, you would have to be married or registered as a civil partnership (public registry) in order to be able to include your partner.
Hi
Will this visa require a permanent address in Spain? As I hope to travel and not stay in one location.
Thanks
Hi Jane,
You would need an address, as the Police must know your address in case they need to notify you of anything. If you change your address, you will need to let the Police know.
We live on our sailing yacht. Would a marina contract be an acceptable address for this visa?
Also, I have previously worked remotely for three years but have been on a sabbatical.
I am now starting to work remotely again. Will I have a problem with the requirement to have worked remotely for a year?
Hi Jon,
The Remote Work Visa is not available yet. The Draft law has just been approved. We really think it is going to be in place very soon -the Government has stated that it is planned to come into effect by January 2023-. Spouse and children of the applicant can apply jointly. It will be valid for at least one year (it can be renewed). The requirements are as follows:
·The existence of a real and continuous activity for at least one year of the company or group of companies with which the worker has a labor or professional relationship.
·Documentation accrediting that the employment or professional relationship can be carried out remotely.
·In the event of the existence of an employment relationship, (if you are an employee) the employment relationship between the worker and the company not located in Spain with whom the relationship has been maintained for at least the last three months must be proven, as well as documentation proving that said company allows the worker to carry out the work activity remotely.
·In the event of the existence of a professional relationship (if you are self employed), it must be proven that the worker has a commercial relationship with one or more companies not located in Spain for at least the last three months, as well as documentation that proves the terms and conditions under which the professional activity will be carry out remotely.
That is all the information we have for now.
Regarding our services, we will review the documentation, fill in the forms and submit your application electronically on your behalf. Once granted, we will book an appointment at the Spanish Consulate and send you all the necessary documents. After entering Spain, we will fill in the forms, send you all the required documentation and book an appointment at the Police Station in order to collect your residence card (TIE).
Regarding your question about your address, it should be accepted. It has been accepted for other residencies.
Hi!
Could you clarify something for me, please:
As expected, Didital Nomad Visa will be valid for 1 year with possibility of prolongation up to 5 years in total. Will be able nomads, that spent all this 5 years in Spain apply for permanent residency? Or leave Spain after 5 years will be the only perspective for this visa holders?
Hi Andrew,
Regarding your question, after residing 5 years in Spain legally, digital nomads will be able to apply for permanent residence.
Would I be able to run a guest house in Spain in addition to my freelance job which is mainly UK companies with a digital nomad visa?
Hi Graeme,
Regarding your question, the activity must be carried out through the exclusive use of a computer, telematic and telecommunication means and systems. Also, you will be able to work for a company based in Spain as long as the percentage of work does not exceed 20% of your total professional activity.
When I originally looked at this option it was restricted to specific areas of Spain, i.e more rural inland villages – do you know if that will still be the case?
Thank you
Hi Cass,
Regarding your question, this visa is for the entire Spanish territory, no exceptions.
How would this work for self-employment? Would the establishment of an LCC suffice?
Hi Tony,
The Draft Law establishes the following requirements for self-employed workers:
The existence of a real and continuous activity for at least one year of the company or group of companies with which the worker has a professional relationship.
In the event of the existence of a professional relationship (if you are self employed), it must be proven that the worker has a commercial relationship with one or more companies not located in Spain for at least the last three months, as well as documentation that proves the terms and conditions under which the professional activity will be carry out remotely.
I’ll be filing for the digital nomad visa in the next few weeks, my spouse does not currently work remotely but wants to in the future. If she is a dependent on my visa does she have the right to work remotely in the future?
Thank you!
Hi Brandon,
Regarding your question, your spouse will not be allowed to work remotely for a foreign company from Spain (as an employee). However, she will be able to work for a Spanish company and also to register as self-employed in Spain and provide her services for a foreign company.
Hola Maria Luisa,
Me interesa hacer el proceso para este visado, mi pregunta es: tengo dos hijos de 3 y 5 años, tendrían ellos acceso a educación gratuita? O deberán entrar a un colegio privado?
Gracias
Respecto a su pregunta, como residentes, tendrán acceso a educación pública y gratuita en España.
Hi, is this still the rule on spouses?
I will be coming to Spain on my husbands DNV if approved. would I be able to carry on working remotely for my uk company as an employee?
Appreciate the advice given
Dear Sarah:
This is María L. de Castro responding to your inquiry about working remotely in Spain under your husband’s Digital Nomad Visa (DNV).
An “establecimiento permanente”, or “permanent establishment” in English, refers to a fixed place of business through which an enterprise carries out all or part of its activities. This can be an office, a branch, or any other physical presence in Spain.
If your UK company has such a permanent establishment in Spain, then you are allowed to work under the work authorization as a dependent of your husband’s DNV.
However, if your company does not have a permanent establishment in Spain, you might need to explore the possibility of applying for the DNV yourself, in order to work remotely for your UK-based company while residing in Spain.
It’s crucial to make sure you’re complying with all legal requirements to avoid any potential complications. I would recommend further consultation to ensure you proceed correctly.
Best regards,
María L. de Castro
General Director
Costaluz Lawyers
Hi Maria,
In know this Visa is not a law yet but I wanted to know if you have some information if this Visa can eventually lead to citizenship? I’m from a former colony of the Spanish Empire and only need 2 years of legal stay in order for me to apply for citizenship.
Thanks,
Chris
Hi Christopher,
Regarding your question, as this is a residence permit, you will be able to apply for Spanish citizenship after 2 years in Spain residing legally (under a residence permit).
Hello,
Do you know, would it be possible to get residence after 5 years of Digital Nomad visa? Thanks
Hi Alex,
Regarding your question, after 5 years residing in Spain, you will be able to apply for permanent residency.
Hi, now this law has been passed, I understand that non residence tax is reduced to 15% for the first 4 years and then 25%. Would I also pay tax in England? How is the 15% tax paid in Spain would this have to be paid via my employer in the UK or via some sort of self assesment?
Hi Mel,
Regarding your question about tax, unfortunately, we do not have more official information from the Government, therefore, we are not able to answer it. We will have to wait for the law to be approved in order to know all the details. However, the Non-Resident Income Tax will have to be paid by the worker living in Spain.
Hi Maria, thanks for all your helpful advice in these posts. Could you tell me whether there will be an obligation or requirement to remain in Spain for at least 6 months per year in order for the proposed visa to be valid and to be renewed.
Many thanks
Matt
Hi Matt,
Regarding your question, you would need to stay for at least 6 months in Spain in order to renew your residence permit.
Thank you.
The startups law will be open to anyone from the EU or third countries, as long as they haven’t been a resident in Spain in the previous five years, and it will allow workers to gain access to a special visa which can be renewed for up to five years.
Is the above regarding being resident in Spain during the last 5 years correct?
Hi Jonathan,
The startups law will be open to anyone from the EU or third countries, as long as they haven’t been a resident in Spain in the previous five years, and it will allow workers to gain access to a special visa which can be renewed for up to five years.
How will this work out for a lone Ltd company director from the UK? In UK law the director is still an ’employee’ of the company. I do not have an office, therefore I work remotely from my house and have done for many years. Will this new visa be applicable to me? I would be very grateful for any knowledge Maria please.
Hi Jay,
Regarding your question, this visa will be applicable to you if you meet all the requirements. The requirements are as follows:
· The existence of real and continuous activity for at least one year of the company or group of companies with which the worker has a labor or professional relationship.
· Documentation accrediting that the employment or professional relationship can be carried out remotely.
· In the event of the existence of an employment relationship, (if you are an employee) the employment relationship between the worker and the company not located in Spain with whom the relationship has been maintained for at least the last three months must be proven, as well as documentation proving that said company allows the worker to carry out the work activity remotely.
· In the event of the existence of a professional relationship (if you are self employed), it must be proven that the worker has a commercial relationship with one or more companies not located in Spain for at least the last three months, as well as documentation that proves the terms and conditions under which the professional activity will be carry out remotely.
Hi Maria
I would like to know if I get a 3-year digital nomad residency permit, but I lose my job before the expiry of the permit, can I switch to another remote job, or can I switch to a non-lucrative visa if I decide not to work any more and I have the resources to support myself (rental income, pension, other passive income)? Thanks.
Regarding your first question, that has not been established in the law. However, in principle, after one year of residence in Spain it is possible to change the residence permit to another one.
Very interested in this reply too. Plus how they’ll tax it…i.e. on top of uk tax or offset….
Dear Terry,
The Remote Work Visa has yet to be made available. However, the draft law has just been approved, and we think it will be in place very soon -the Government has stated that it is planned to come into force by January 2023.
Concerning the taxes, it will be taxed with a special tax regime in Spain, but until the Law and tax regulation go into force, we will not know for sure more official information and tax implications.
Therefore, we will keep you informed.
Hello,
I have been working from home for the past 3 years (Luxembourg employer) and want to move to Spain to live and work from home in my house. My question is this; 80% of my time is spent on email and phone, 20% outside Spain seeing customers. Am I still eligible to apply for the nomad visa? Many thanks.
Hi Alisdair,
The contract must state specifically that your work activity is carried out 100% remotely.
Hi Could I apply for a digital visa as I would like to work remotely and would pass all the requirements.My husband is retired so could he apply for the NLV .Our intention is to live in Spain full time .Thanks Tricia
Hi Tricia,
The Digital Nomad visa is not available yet but the Government has stated that the law is planned to come into effect by January 2023. Regarding your husband, he could apply jointly, under the Digital Nomad visa as your spouse.
Planning to move from the UK to Spain in 2023. Would I be able to apply for the High Skilled Visa and switch to this scheme once launched? Or will this scheme be open exclusively to new residents coming in?
Hi Jack,
Regarding your question, according to the Draft Law you will be able to apply for the Digital Nomad visa from Spain if you are under another Spanish residence permit.
Hi Maria,
Thanks for this great post. My husband and I are permanent residents in Canada and hold Dominican Passports. We’re planning to visit relatives in Spain for a week and stay two more while he uses his allowed time to work from abroad. He’s already employed as a remote worker (he works for a Canadian company in Canada, but from his home office). Should we apply for this visa? He needs to present evidence to his company that he’s allowed to work from wherever he is. Would Spanish laws allow him to work from Spain for two weeks or would he need this permit regardless of the time?
Thank you,
OC
Hi OC,
Regarding your question, he will not be able to work in Spain under a tourist visa. At the moment there are no visas available for working remotely from Spain for a foreign company. The Government has stated that the Digital Nomad visa is planned to be available by January 2023, however, they have not established an exact date.
Hi there if my wife accompanies me with this visa will she be able to work? It does it just allow me to work? Could she take up locally employed work?
Also if my wife were to study in Spain would she need a different visa for this?
Thank you
Hi Jonathan,
Spouse and children of the applicant can apply jointly as family members. Regarding your question, your spouse will be able to work in Spain.
Per the above advice, which suggests applying for the DNV once you are already within the country – for example, on a Schengen visa or coming from a visa-free country – does this imply the Spanish government will not hold any prejudice against your application given you would probably already be working from within Spain during that 90-day period? Basically, if you have to show proof you have been doing remote work for at least a year prior to submitting your application (or 3 months in some cases), and you are already in the country to submit your application, how will that work? It’s not like one could take time off otherwise then they haven’t been doing it continuously over the preceding period…
Regarding your question about applying from Spain as a tourist, the Administration will not evaluate your case differently if you are in Spain as a tourist, regarding those previous 3 months working. However, we would not recommend our clients who live outside of Spain, to come to Spain as tourists in order to apply for their visas. This visa will benefit from a fast track, however, it is possible that in the first few months there will be a lot of applications and it could take longer to resolve them, therefore you could run out of your 90/180 days.
Hello,
If before applying for the digital nomad visa, I come to Spain and apply for NIE, will it cause any problems when applying for visa?
Thanks,
Anna
Hi Anna,
The NIE is only a number with administrative effects, while the TIE is a card, and therefore has physical support. The TIE accredits legal residence in Spain, and the NIE does not.
The NIE would not affect your application, as it is used to operate economically in Spain. As for the TIE, it is a legal residence in Spain. If you have a residence card in Spain, as long as you are not a family member of an EU citizen, you could still apply for the Digital Nomad Visa, as, according to the law, third country nationals who are in Spain under a tourist visa or under a residence permit, can apply for the Digital Nomad Visa.
Thank you.
Hi there,
I don’t believe this has been asked yet – is there a minimum amount of time one must spend inside Spain within a 12 month period to access the digital nomad visa? This is often an issue with these visas – e.g. some countries say you cannot leave for six months.
Could I stay in Spain for six months of the year, then travel the rest?
Many thanks,
Jamie.
If you would like to renew your residence permit, you will need to stay in Spain for at least 6 months/year.
how would this visa permit me to travel within the rest of shengen with regard to the 90/180 rule as i already spend time with my Fiancé in switzerland and france?
This visa will work like any other residence authorization. Thus, foreigners residing in one of the Schengen countries must be in possession of a valid passport and a residence permit and may travel for a maximum of 90 days in any 180-day period. To travel to an EU country that is not part of the Schengen Area, these citizens must consider the requirements for travelers of their nationality and not of the country in which they are residents.
Hi
I intend to get a digital Nomad Visa when it is available.
My question is : Will I be able to stay on my UK driving license or would I need to change to a Spanish one within 3 months?
Regarding your question, driving licenses from the UK will only be valid for driving in Spain for six months. Afterward, you will have to obtain a driving license in Spain.
Hello Maria, I have a list of questions here:
Will it allow travelling within Schengen area?
Are there any checks during the 5 years that the applicant is still doing the “digital” work or the visa will not allow actual work in Spain (like non-lucrative visa)?
Can it be converted at the end of it to a normal residence permit in Spain?
Will the time of the visa be counted into citizenship time?
so is it basically a 5 years non-lucrative visa with permit to work online for non-Spanish companies?
kind regards,
Anton
Please read the answers to your questions below:
1. Will it allow travelling within the Schengen area? Yes.
2. Are there any checks during the 5 years that the applicant is still doing the “digital” work, or the visa will not allow actual work in Spain (like non-lucrative visa)? This visa only allows you to work for foreign companies from Spain.
3. Can it be converted at the end of it to a normal residence permit in Spain? Yes.
4. Will the time of the visa be counted into citizenship time? Yes.
5. so is it basically a 5 years non-lucrative visa with permit to work online for non-Spanish companies? The Non-Lucrative visa does not allow you to work. This visa is a residence permit that allows you to work for foreign companies only.
Thank you.
Hi! Will tax regime under Digital Nomad visa be similar to the Beckham Law one, meaning that effectively one is treated as a “tax non-resident” and only Spanish-sourced income is taxed? Will income/dividends etc. from non-Spanish sources be tax exempt for those spending more than 183 days in Spain under this visa?
Thanks!
Hi Gene,
The Remote Work Visa has yet to be made available. However, the draft law has just been approved, and we think it will be in place very soon -the Government has stated that it is planned to come into force by January 2023.
Concerning the taxes, it will be taxed with a special tax regime in Spain, but until the Law and tax regulation go into force, we will not know for sure more official information and tax implications.
Therefore, we will keep you informed.
Hi Maria, thank you very much for this article, it’s one of the clearest I’ve found about this new Visa!
In addition to the questions others have around companies’ requirements if someone is working from Spain, I was wondering whether it’s possible to get any more clarity on what the taxation would be for the worker themselves?
I’ve seen mention in various places of a 15% rate, however I assume that is likely to just be the first ‘level’ of a progressive system rather than a flat tax, is that the case? Additionally what further taxes are there on top of that (Social security etc)?
Thanks very much!
Hi Tom,
The Remote Work Visa has yet to be made available. However, the draft law has just been approved, and we think it will be in place very soon -the Government has stated that it is planned to come into force by January 2023.
Concerning the taxes, it will be taxed with a special tax regime in Spain, but until the Law and tax regulation go into force, we will not know for sure more official information and tax implications.
Therefore, we will keep you informed.
Hi – regarding this point:
“Can I Apply For The Digital Nomad Visa If I’m Already In Spain And Resident Under A Different Visa?
Yes, if you fulfill all the requirements for the digital nomad visa.”
Is this new information? I was under the impression that those who have resided in Spain within the past five years will not be eligible to apply.
Thanks,
Oli
Hi Oli,
Regarding your question, yes, this visa is for third-country nationals, and those already in Spain under another residence permit can also apply for it.
Thank you.
Hi,
Thanks for this Article. I have a few questions:
1) What is the cost to apply for the visa from Spain?
2) I am not currently an EU citizen but will soon get my citizenship from an EU member country. If I am granted a nomad visa by Spain before I become an EU citizen, then get my EU citizenship a few months later, will this invalidate my Visa? Will I be able to renew it if I have become an EU citizen?
3) How long do you expect it to take for the government to approve the application once the application is submitted?
Hi Alex,
Please find answers to your questions below:
1) What is the cost to apply for the visa from Spain? 1,500 euros (+ 21% VAT); 1,815 euros (VAT included). It includes other services as well.
2) I am not currently an EU citizen but will soon get my citizenship from an EU member country. If I am granted a nomad visa by Spain before I become an EU citizen, then get my EU citizenship a few months later, will this invalidate my Visa? Will I be able to renew it if I have become an EU citizen? No, as you would have applied under your third-country nationality.
3) How long do you expect it to take for the government to approve the application once the application is submitted? This visa will benefit from a fast track (around 30 days). It is possible that in the first few months there will be a lot of applications and it could take longer to resolve them.
Thank you.
Erika
Hi Maria,
As I’ve read from your articles that Spain Digital Nomad Visa won’t come in place before January 2023. However, is it known what’s the monthly salary required to be eligible?
I’ve read it might be between 2000€ to 3000€. Is this correct?
If this is the case, would it be as fix or total earnings for example fix salary + commissions?
Thanks
Hi Elie,
Applicants for international teleworking visas or residence permits must prove that they have financial resources for themselves and their family members in accordance with the following amounts:
Holders of visas and residence authorisations: the amount that represents 200% of the monthly minimum interprofessional wage (SMI). The minimum interprofessional wage is 1,000 euros/month. Therefore, the required monthly amount is 2,000 euros. This income must come from your professional activity. These amounts can be accredited with the contract, payslips, certificate from the company, etc.
However, we would like to inform you that the competent bodies have to issue instructions with the specific requirements to be fulfilled by applicants for Digital Nomad visas.
For the drafting of these technical instructions, the Government shall set up a working group in which the ministries with competence in the matter shall participate. These instructions shall be drawn up by 31 March 2023 at the latest and shall contain specific adapted requirements for Digital Nomad visa applicants. However, we have drafted a dossier that includes all the necessary documentation that we know, to date, will be needed.
We have asked the Administrative Body that is going to issue these applications, and for now, they cannot tell us when they are going to be ready to process the applications. Therefore, we are not able to tell you the exact date.
Thank you.
Hi Maria
Will the 15% tax rate also apply to rental income derived from a Spanish property and if so, will the ordinary expenses tax deductibles (such as mortgage interest) still be allowable?
Many thanks,
Kerrie
Dear Kerrie,
The Remote Work Visa has yet to be made available. However, the draft law has just been approved, and we think it will be in place very soon -the Government has stated that it is planned to come into force by January 2023.
Concerning the taxes, it will be taxed with a special tax regime in Spain, but until the Law and tax regulation goes into force, we will not know for sure more official information and tax implications.
Therefore, we will keep you informed.
I am Ukrainian and I got Temporary Protection in Spain till February 2024.
Could I apply for nomad Visa considering that I fulfil all requirements described above?
Hi Bogdan,
Regarding your question, this visa is for third-country nationals, and those who are under another residence permit in Spain can also apply for this visa.
Thank you.
I am so confused, why does everyone write that the income tax rate will be 15% whereas the 15% rate is applicable to companies, while people (workers and freelancers) shall pay from 24% to 47% (see art.93).
That is right, the tax rate for teleworkers will be 24% (which is also a reduction). They will be entitled to apply a deduction for international double taxation -they will not be paying double tax.
Hi Maria – when did this change? This (very helpful) blog always referred to 15%. Others sources (including legal sources) are still referring to a reduced rate of 15% for individuals on the Digital Nomad Visa. Could you please clarify? Thanks!
Hi Adam,
Initially, the government discussed 15%, but this has only been established in the law with regard to corporate income tax for start-ups.
As for teleworkers, the tax rate for employees holding the Digital Nomad visa will be 24% up to 600,000 euros. From 600,000.01 euros onwards, the tax rate will be 47%.
Thank you.
What if I’m over the 90-Day Schengen Visa?
Do I still have an option to apply for the Digital Nomad Visa? I’ve been working remotely for US companies for many years, I came to Barcelona in July 29th 2021.
Hi David,
Regarding your question, you will only be allowed to apply from Spain if you are under your 90/180 days or another residence permit. If not, you will need to apply from your country of residence.
Thank you.
I can’t find any information about applying for a visa, and where (government organization) I can apply even I’m in Spain now?
Hi Alex,
Please contact us by email so that we can provide you with all the information you need to apply for the Digital Nomad visa.
Thank you very much.
Now that all the texts have been released, do we now know what all the implications are for employers of teleworkers? e.g. Will a UK-only employer be required to pay corporate tax in Spain, or hold any other commitments towards the territory? Thanks.
Hi Chris,
Regarding your question, at the moment, there are no implications for the employer.
Thank you.
For freelancers – would, for example, an artist who sells their work outside of Spain to their usual clients in the USA or elsewhere qualify? In short does the type of work matter, or does it have to be specifically digital work?
Hi Joanna,
Regarding your question, the work activity must be carried out through the exclusive use of a computer, telematic and telecommunication means and systems.
Thank you.
Hi, I have been living in Spain under a non-lucrative visa, already applied and approved for my first renewal, and would like to convert it into a nomad visa to work remote for a US company. How can I comply with the 3-month required relationship with the US employer if I am not allowed to work under the NLV? Will it be an exception for this particular situation? Thank you
Hi Ana,
Unfortunately, a response for this has not yet been given by the government. As soon as we receive official information on this issue, we will publish it on our website.
However, if you have been under a Non-Lucrative visa in Spain, you have not been allowed to work in/from Spain during this period, so we think that -under the current regulation- you will not be able to meet the 3-month requirement.
Hi
Are you actively starting to process applications since the law was passed in December?
It looks suitable for both me and my spouse, but I would need to have a better understanding of how our UK assets and income would be taxed. I guess everyone has a different scenario.
Do you have any additional information on such matters or are you able to provide tax advice as part of the application process?
We have a spanish property, NIE and are already registered for non residents tax etc and want to get things moving
Hi Russel,
The law has come into force. However, we would like to inform you that the competent bodies have to issue instructions with the specific requirements to be fulfilled by applicants for Digital Nomad visas.
For the drafting of these technical instructions, the Government shall set up a working group in which the ministries with competence in the matter shall participate. These instructions shall be drawn up by 31 March 2023 at the latest and shall contain specific adapted requirements for Digital Nomad visa applicants. However, we have drafted a dossier that includes all the necessary documentation that we know, to date, will be needed.
We have asked the Administrative Body that is going to issue these applications and for now, they cannot tell us when they are going to be ready to process the applications. Therefore, we are not able to tell you the exact date.
Please contact us by email so that we can provide you with all the information you need to apply for the Digital Nomad visa, thank you very much.
So is it 15% tax or 24%?
Hi Wyn,
Regarding the fiscal advantage, the tax rate for employees holding the Digital Nomad visa will be 24% up to 600,000 euros. From 600,000.01 euros onwards, the tax rate will be 47%.
Thank you.
Hola María Luisa,
Gracias por compartir su artículo, fue muy informativo. Me interesa sacarme este visado de nómada digital, pero anotan que puede ser que uno de los requisitos sea tener un degree.
Trabajo de remoto para una compañía en Toronto, como productor, en la industria de televisión/diseño/animación. Lo que pasa es que no existe carrera que se pueda sacar para ser productor, y como es así, no tengo carrera (pero sí más de 5 años de experiencia). Sí que estudié un año de literatura en la universidad de Toronto (un certificado llamado ‘academic bridging program’).
Saben si esto me será un problema para sacarme el visado?
Muchísimas gracias!
Niko
Hola Niko,
Respecto a su pregunta, no es necesario tener un título universitario, se debe cumplir con una de las tres opciones, en su caso, cumple con el requisito de al menos 3 años de experiencia profesional.
hi Maria, would you be able to confirm if EU (non Spain) residents can also apply for this visa? Thank you
Hi Damien,
This visa is for third-country nationals only. EU citizens cannot apply for this or any other visa, as they enjoy freedom of movement and establishment.
Thank you.
Hi Maria
Can somebody with double British and Italian citizenship apply?
Thanks
As an Italian citizen, you should not apply for a visa to reside in Spain, as you only need to register as an EU citizen in Spain. If you would like to work for a foreign company, you can register as self-employed in Spain and provide your services to that company.
Hello,
How can I subscribe for updates to find out when it will be introduced officially? What would be price for support for family of 4?
Hi Aliaksei,
If you are interested in our special contract offer, please fill in the form.
https://costaluzlawyers.es/digital-nomad-visa/?utm_source=Digital+nomads&utm_campaign=8435f29a49-EMAIL_CAMPAIGN_2022_11_11_09_49_COPY_01&utm_medium=email&utm_term=0_541a06c02f-8435f29a49-518077915
We will let you know all the details.
In our initial appraisal, we will answer your questions and check your eligibility in accordance with the Law.
Thank you.
Hi, can I use the digital nomad visa as a EU citizen?
Hi Pascal,
This visa is for third-country nationals only. EU citizens cannot apply for this or any other visa, as they enjoy the freedom of movement and establishment.
Thank you.
Hi Maria
Are they taking applications yet?
Any news on what sort of insurance will be sufficient? Private or Autonomo?
Thanks for your help, Jamie
Hi Jamie,
The competent bodies have to issue instructions with the specific requirements to be fulfilled by applicants for Digital Nomad visas.
For the drafting of these technical instructions, the Government shall set up a working group in which the ministries with competence in the matter shall participate. These instructions shall be drawn up by 31 March 2023 at the latest and shall contain specific adapted requirements for Digital Nomad visa applicants.
We have asked the Administrative Body that is going to issue these applications, and for now, they cannot tell us when they are going to be ready to process the applications. Therefore, we are not able to tell you the exact date.
Regarding insurance, it will be necessary to have full coverage (no co-payments).
Thank you.
Hello,
Now that the law is published, I have a question. If I’m currently living in Spain with a non lucrative visa (NLV) can I switch to the digital nomad visa? What I don’t understand is that one of the conditions to apply for the digital nomad visa is to prove that you have been working for a foreign company for at least some months. I was told the NLV does not allow to work from Spain, and therefore nobody with an NLV can prove months of work remotely to apply to a digital nomad visa.
Please let me know if I misunderstood something.
Thank you!
Lisa
Hi Lisa,
Unfortunately, a response for this has not yet been provided by the government. As soon as we receive official information on this issue, we will publish it on our website.
However, if you have been under a Non-Lucrative visa in Spain, you have not been allowed to work in/from Spain during this period, so we think that -under the current regulation- you will not be able to meet the 3-month requirement.
Hi
Regarding the Tax, would my employer have to set up a spanish PAYE and pay my tax monthly to Spanish Tax Agency or would this be done through a Tax return at the end of a fiscal year. Would that also then mean my company has to register me and a Non dom?
Unfortunately, a configuration for this has not yet been established by the government. As soon as we receive official information on this issue, we will publish it on our website.
Hi,
Could you please clarify:
*Is NIE required for application?
*Is a bank account required?
*Does a criminal check need to be apostilled, or is an unopened envelope ok?
*Do we need a letter from a doctor?
*Is a marriage license required to bring a partner of seven years, or is proof of relationship ok?
Thank you
Regarding your questions, please find answers to your questions below:
*Is NIE required for application? No, it is not.
*Is a bank account required? In Spain? No, it is not required to have a Spanish bank account.
*Does a criminal check need to be apostilled, or is an unopened envelope ok? It has to be apostilled and a sworn translation into Spanish is also required.
*Do we need a letter from a doctor? You would need a medical certificate. We will be pleased to help you with all the documentation.
*Is a marriage license required to bring a partner of seven years, or is proof of relationship ok? Normally only a marriage certificate or a partnership certificate is accepted to prove that you are a family member of the main applicant.
Hello,
I am registered as an individual entrepreneur in Georgia and work as a software engineer for a US company. If I obtain a digital nomad visa, will I be required to register as an entrepreneur in Spain and receive payments through Spanish banks? If no, how will the Spanish tax authorities monitor my tax compliance?
Thank you.
Hi Mikheil,
Once the authorisation is granted, you must register as self-employed in Spain.
Hi Maria,
I was wondering whether you could clarify something for me. People talk about the low tax rate on this visa, however my understanding of the double tax agreement (between the UK and Spain at least) is that if income arises in the UK one has to pay the highest of the tax rate in your tax residency and UK income tax.
So someone tax resident in Spain, but working remotely for a UK company, would still be liable to UK level income taxes?
Am I understanding correctly? If so, how does one ever end up paying the tax rate on this visa when the income has to be sourced from abroad?
Thanks for your help!
Dear Tom,
Thank you for your message.
Concerning the taxes of the Digital Nomad Visa and your question, according to Spanish Law it will be taxed with a special tax regime in Spain as follows:
-The tax rate for income from work and economic activities classified as entrepreneurial activity will be taxed 24% up to 600,000 euros. From 600,000.01 euros onwards, the tax rate will be 47%. This tax rate will be applied during the period in which the change of residence is made and during the following five tax periods, provided that the requirements are met.
-In Spanish Personal Income Tax will be applied as a deduction to avoid double taxation.
Hi, can I understand if we have to wait till March 2023 for Spanish government to issue the detailed requirements for the visa? Which means we cannot submit applications till then? Do you know how much funds the applicant and family members individually need to have to proof they have sufficient budget to sustain live in Spain?
Thank you
Regarding your question about the specific requirements, the competent bodies have to issue instructions with the specific requirements to be fulfilled by applicants for Digital Nomad visas. For the drafting of these technical instructions, the Government shall set up a working group in which the ministries with competence in the matter shall participate. These instructions shall be drawn up by 31 March 2023 at the latest and shall contain specific adapted requirements for Digital Nomad visa applicants. However, we have drafted a dossier that includes all the necessary documentation that we know, to date, will be needed. Also, the competent body is informing us about new requirements and specifying other requirements.
We have asked the Administrative Body that is going to issue these applications and they have confirmed that they can start accepting applications to be processed. Therefore, we are ready to submit them.
This visa will benefit from a fast track (max. 30 days). However, it is possible that in the first few months, there will be a lot of applications and it could take longer to resolve them.
With regard to the financial requirement, the competent body has established the following:
Holders of visas and residence authorizations: the amount that represents 200% of the monthly minimum interprofessional wage (SMI). The minimum interprofessional wage is 1,100 euros/month, therefore, the required monthly amount is 2,200 euros.
-Family units that include two persons counting the holder and the reunited person: at least 75% of the SMI (825 euros). A 25% of the SMI (275 euros) will be required for each additional member to the two persons mentioned above.
-These amounts can be accredited with the contract, payslips, certificate from the company, etc. This income must come from your professional activity.
-Also, we always recommend our clients to have savings in order to prove that you have sufficient funds. However, this requirement has not been established. Therefore, there is no established amount to prove regarding savings.
Hi Maria,
Is employment contract an absolute requirement or is there another way to prove your relationship to the employer? Most states in US are at-will employment states and employment contracts are not necessary.
Thanks,
Stan
Hi Stan,
You would need to provide a simplified contrat/certification of employment/letter from the company with all the required information.
Thank you for the article.
I read that an applicant has to provide proof of accommodation. Do you have any details on what will be accepted? Is the visa not suitable for people that would only find spanish accommodation if their application was successful?
You would only need to provide an address in Spain.
Hi, regarding the visa holder salary, is the requirement of proof of €2200 before or after tax? For example, would a letter of employment contract be sufficient to prove the salary is more than €2200 per month before tax? Or does it have to be a bank statement showing monthly income after tax? Also, if I add my spouse to my visa, can they also work in Spain as a digital nomad for a non-Spanish company?
Hi Chloe,
Please see the answers to your questions below:
Hi, regarding the visa holder salary, is the requirement of proof of €2200 before or after tax? For example, would a letter of employment contract be sufficient to prove the salary is more than €2200 per month before tax? The application online form requires us to provide the gross monthly salary.
Or does it have to be a bank statement showing monthly income after tax? It is necessary to provide bank statements as well.
Also, if I add my spouse to my visa, can they also work in Spain as a digital nomad for a non-Spanish company? No. As your family member, she/he will be able to work for a Spanish company or to register as self-employed in Spain. If she/he would like to work from Spain for a foreign company, your spouse would need to apply for another Digital Nomad visa separately.
Hello, I work for a global company with offices in many countries, including Spain. I am based in the U.K. , under a U.K. contract, with british and american citizenship. Is it possible to apply for a digital nomad visa and keep my U.K. employment contract. I don’t know how this visa works for employees of large multinationals with offices in Spain. I plan to work in Spain under 6 months of the year and not become a tax resident. All incomes would be foreign from U.K. payroll. Thank you for your advice.
Hello Karen,
The Digital Nomad visa allows those who work for foreign companies to work remotely from Spain. However, as your company has offices in Spain, the competent body will not consider it as a foreign company.
Therefore, we would recommend you the Intra-Corporate Transferee option.
Hi Maria,
If my husband applies for this visa, can I (as his wife) get a 24% income tax rate without applying for a digital nomad visa? Let’s say, I’ll start working with an international client remotely after we get this type of visa.
Another question: Is it possible to deduct expenses related to digital nomad work (coworking space, lawyer, accountant, etc) from the general income to avoid their taxation?
Thank you!
Dear Irina,
Thank you for contacting us.
In order to apply 24% of the Special Digital Nomada Tax Regime, you would have to have a Digital Nomada Family Visa.
If you want, my colleagues from the immigration department can inform you about the procedure to obtain this visa.
At your disposal.
Hi Maria, further to the above question, does this mean that if a couple both want to work in Spain as digital nomads for international companies, is it possible that just one of us could get the visa and the other could go on theirs as a family member? Meaning for both of us, we require one digital nomad visa?
If both of you would like to work remotely for your foreign companies, you will have to submit separate and independent applications.
Hello,
Thanks for the fascinating and informative post.
Is it possible for EU citizen that is married to non EU citizen to have a different visa and be subjected to the different tax regime
For example – the husband is an EU citizen and will be registered as such after entering Spain, will open a company, and will work with Spanish companies and non-Spanish companies – will be subjected to all the Spanish taxation for companies/autonomo adn personal rules.
The wife – is non EU, she will be registered as Digital nomad and will be tax based the digital nomad regime
Dear Adam,
Thank you for contacting us.
Please be informed that the husband being a citizen of the EU cannot obtain the digital nomad visa. Only she, as a non-EU citizen, can obtain it and she cannot be previously registered as a family member of an EU citizen.
At your disposal.
Hola Maria,
A flat-rate 24% tax benefit has been a big attraction for the new DNV. Historically, foreign self-employed freelancers/contractors (autonomos) have not been able to apply or qualify for the Beckham law and 24% tax rate. Does or will the new law change this and thus allow freelancers to qualify?
Dear Eric,
Thank you for contacting us.
In accordance with current legislation, the self-employed who obtain a digital nomad visa cannot opt for the special tax regime for workers posted to Spain with respect to the tax rate of 24% up to 600,000 euros.
However, depending on how much your annual income is, we could inform you of the general income tax rate for your personal situation. If you want, send us all your questions and we will send you our fees.
Hi there,
Is it now possible to apply for this visa through a Spanish consulate in the UK? If not, do you know when this might be?
Unfortunately, the Consulates have not yet started to process this visa. However, it has been possible to apply for it from Spain as a tourist for a couple of months now.
Hello!
Thanks so much for all of the information posted so far, it’s very helpful.
A quick question- I work for a UK company and an employee is looking to move to Spain and work from there under a digital nomad visa. We would remain a UK company with no legal entity in Spain. Once the employee moves to Spain, will they be subject to UK employment law or Spanish employment law?
I see that there are some differences in employment law between the two countries, such as Spain’s higher rate of mandatory maternity pay and the obligation to take at least six weeks’ leave following birth (as opposed to UK’s two mandatory weeks). If they are subject to Spanish employment law, will the employer then have to invest in an employment lawyer to ensure full legal compliance?
That has not been established but, as the UK company does not have to register in Spain and payroll payments will continue to be made in the same way, employees will not be subject to Spanish Employment Law.
Hola Maria,
Thanks for the article.
I am a subcontractor and technically have no certainty that I will continue to have work for the months ahead. Does the visa require proof of a contract with the nomad and their clients for a minimum period of time e.g I have seen that 1 year is the minimum?
It must be proven that the worker has a commercial relationship with one or more companies not located in Spain for at least the last three months, as well as documentation that proves the terms and conditions under which the professional activity will be carried out remotely.
Does this mean that you only need a contract for three months with one or more companies not located in Spain that proves the terms and conditions it can be done remotely?
I.e. you do NOT need to demonstrate that this contract will be for another 12 months into the future? I know you need to have an active contract at all times, but does it have to be the same contract, and do you have to have evidence it will be for the entire 12-month period at the point you apply? Most contracts in my space are around 3 – 6 months, so the 3 months is easy, but 12 months proof (although a lot get extended past this point) is hard.
Hi John:
The requirements for the Digital Nomad Visa (DNV) in Spain highlight that if an individual is under a contract with a company, they must prove:
The work can be executed remotely.
They have had a professional relationship with the company for at least three months.
The company permits remote work.
There is no mention of a requirement for the contract to extend an additional 12 months into the future at the point of application. While having an active contract is essential, it does not have to be the same contract throughout the entire stay in Spain or that a 12-month proof is mandatory at the time of application.
Considering that many contracts in your field range between 3-6 months, it appears that meeting the three-month contractual relationship would align with the DNV’s basic stipulations.
However, like any visa application process, the Spanish authorities might appreciate and view favorably any additional evidence or assurances of ongoing work, even if not explicitly required by the visa’s stipulations. This can lend weight to the sustainability and validity of your remote work setup.
We will be very pleased to assist you with this if needed
Best wishes
María
Dear Maria,
If I were to obtain a DNV, and work for my UK based company in Spain, is my company creating a ‘permanent establishment’ there and need to think about tax implications (for example, social security considerations and maybe corporation tax)? Would my company need to register with the tax authorities?
Or does the DNV get around this somehow?
with many thanks in advance
Deeps
The UK company will not have a permanent establishment in Spain, therefore, there will not be any tax implications for them. They will only need to authorise you to work remotely from Spain and provide you with the A1 (Certificate of Coverage) in order to be covered by Social Security in the UK while working from Spain.
Dear Maria
The UK has a legitimate company structure of a Limited Company that can be run by one person, who is also an employee & director.
I understand that under Spanish law, a company’s ‘effective’ head office is in Spain when its business activities are managed and controlled from Spain.
My interpretation of this is that a ‘one person’ Ltd Company allowing their employee (and director) to work as a digital nomad in Spain would mean the company would become Spain resident too, and therefore the DNV could not be obtained.
Does the DNV law make any allowance for this?
Many thanks for ALL your information on this site.
S
Unfortunately, the law does not clarify that point. That teleworker can be considered an employee of a foreign company (and this company does not have to be considered Spanish in that case). However, this has not been confirmed by the competent authority. The law is really intended for employees who can telework for their company or for independent contractors working for foreign companies, not for people who have their own company and work for it.
Hi Maria,
I employed by a UK based company remotely and meet all the requirements for the digital nomad visa. My only question at this stage is how do I and my employer process my UK tax obligations in relation to me residing in Spain under this visa and paying the reduced 15% income tax in Spain. Will my employer in the UK need to take any actions on their side?
Thank you,
Ryan
Regarding your question, your employer does not have to take any action. In your case, you will have to declare your income in Spain (benefiting from the reduced tax rate and taking into account international double taxation).
Dear Maria,
Hope you doing well.
Can you please clarify if the DNVisa requires a long-term rental apartment contract?
Is Airbnb is also ok or it’s required to get any specific rental contract to get the DNVisa?
Thanks in advance,
Alina
Regarding your question, it is not necessary, you will only need an address in Spain.
Hi Maria,
If you are already in Spain, where do you go to apply for the Digital Nomad Visa? Would it be the Oficina de Extranjería in your area? I am unable to find any information online as to where you actually can apply in Spain.
Thank you.
The competent body is UGE, the Immigration Offices do not process this residence permit. The submission must be done electronically. We will be pleased to present your application on your behalf.
Is UGE accepting applications from US w2 employees since the US Social Security Administration will not issue a certificate of social security coverage for telework purposes?
If you are an employee of an US company, at the moment, under the employee category you will not be able to apply for the Digital Nomad visa in Spain. After the recent meeting between the Social Security in the US and Spain, they have agreed that as there is no mention to “teleworkers” in the Bilateral Agreement on Social Security, they are not going to issue the Certificate of Coverage when the worker wants to move to Spain and work there voluntarily and gets the authorisation from the company to do so.
Due to the volume of the applications, they had to meet to make a decision and unfortunately, this was it. They will only provide the Certificate of Coverage when the employer transfers the worker -as it has been done so far. Other countries have been more flexible and are granting this certificate (Canada and the United Kingdom, for example) but this is new for all the countries with which Spain has a Social Security Agreement, and therefore, it is a constant uncertainty until they make a decision. This is a requirement that has to be met in order to apply as an employee for the Digital Nomad visa. We are very sorry for the situation.
We are recommending our clients to renegotiate their contracts and become independent contractors for their companies. Therefore, you would fit in the “self-employed category”, as you will be providing your services as a professional for a foreign company. If this is an option for you, we would need to provide a contract stating that you are a professional providing services for that company and create a 3-month history of invoices in order to meet all the requirements.
if I work in multi national hi tech company that has branches around the world and also has branch in spain, can i apply to the digital nomad visa?
In your case, we would recommend you to apply for the Intracorporate transfer visa, as your company has a branch in Spain. You would only need to have a proposal contract to work from Spain for this branch.
Hi guys, firstly thank you for this super helpful article.
I am British and work (mostly remotely) for a UK company and intended to apply for a DNV in October 2023. But I am now getting married in July 2024 and my Malaysian fiancée/future wife also wants to move to Spain and work remotely (also works for a UK company) – Is it best to apply after the wedding (with her as my spouse) or would you say it’s best to apply for the visa separately/independently in this case?
If your spouse would like to continue teleworking for a foreign company, she will need to apply for the Digital Nomad visa separately and meet all the requirements.
Hi. Thank you for the article, it is so helpful.
I have a question about the partner part. I have a same sex partner and we’ve been together for 7 years, but we are not registered because in our home country same sex partnerships are not allowed. This will not be eligible for the visa right?
Hello,
Thank you for reaching out. I understand your concerns given your situation. It’s true that some countries do not recognize same-sex partnerships, and this can complicate visa applications based on partnerships.
However, it’s worth noting that in Spain, certain communities recognize a partnership based simply on registration in the local residents’ registry (Padrón). This means that you could potentially register as a de facto couple (pareja de hecho) in one of these communities. My suggestion would be to come to Spain, register yourselves first, and then apply for the visa. In many instances, handling visa matters can be more convenient when done within Spain.
I hope this helps, and please don’t hesitate to ask if you have more questions.
Hi,
For the Digital Nomad Spain visa, is it necessary to apply for a Schengen visa exclusively for Spain, or is it possible to apply through another Schengen country and then travel to Spain?
As an example, if I initially apply for a Schengen visa encompassing both Greece and Spain for a short stay of 5-7 days, would it then be permissible for me to subsequently travel to Spain and apply for the Digital Nomad Spain visa?
Dear Bhagyashri,
I would like to inform you that it is possible to apply for the Digital Nomad Visa while you are in Spain. However, it’s crucial that such an application is made strictly within the 90-day allowed stay. Therefore, the timely gathering and submission of all the necessary documents is of utmost importance.
I would recommend that we begin preparing everything as soon as possible to ensure a smooth process. We are here to assist you with the documentation collection and every step of the application process.
I await your feedback and am available for any further queries you might have.
What if I lose my job while I am under the digital nomad visa in Spain? Do I get some time to find a new one, or my visa gets terminated immediately?
Thanks
Carlos
Carlos:
You will need to meet the conditions of the DNV all the time you are in Spain and pay taxes correspondingly so my advice is to communicate this to the corresponding Oficina de Extranjería and request a grace period for you to meet requirements before the next renovation date.
Best,
Maria
Hi, I have a tentative approval from my employer to work from Spain via a nomad visa. However, if I wanted to retire before the end of 5 years, would my husband and I be able to convert to NLVs without having to move back to the UK?
Dear Jacky:
Yes, you and your husband should be able to convert to the Non-Lucrative Visa (NLV) while in Spain, provided you meet the necessary requirements at the time of application. It’s crucial to ensure you fulfill all eligibility criteria, such as demonstrating sufficient financial means and having the appropriate health insurance, among others.
We will be pleased to assist you anytime.
Hi Maria,
Thank you so much for this information and also your responses to comments / questions above. I had a couple of specific questions regarding the Digital Nomad Visa requirements.
One of the required documents is a “Copy of the University degree or professional certificate confirming that the applicant has at least 3 years of experience in his/her business activity.” Does the original University Degree need to be apostilled/certified and professionally translated also? What does a professional certificate mean? Is a letter from my direct line manager (who I have worked with for the last ten years) sufficient? Would you recommend providing both of these documents to the authorities just to be safe (University Degree and Professional Certificate)?
Thanks so much.
Best regards,
Sebastian
Hi Sebastian,
Thank you for reaching out with your specific questions regarding the Digital Nomad Visa requirements. I’ll address your concerns point by point:
For your work with a foreign company:
If you are an employee, you’ll need a certificate from your company stating the length of your contract and its explicit consent for you to work remotely in Spain.
If you are self-employed, the certificate should mention the length and terms of your contract, emphasizing the conditions that allow you to work remotely from Spain.
You must also provide a certificate from the Government Companies House, declaring the date of creation of the company (or companies) and its nature of business.
If you’re registered with the British National Social Security:
You’d need an S1 form and proof of registering it with the Spanish National Social Security. Here is the link for further details: S1 Registration.
A Responsible declaration from your company (or from you if self-employed) is essential, stating the commitment to comply with the British social security obligations before commencing any work in Spain.
Also, you should include the A1 form from HMRC. You can find more details here: A1 Form.
If you or your UK company opts for the Spanish National Social Security:
Proof of the company and employee registration is mandatory. If you’re self-employed, a certificate from RETA is required.
Similar to the British system, a responsible declaration confirming adherence to the Spanish social security obligations is needed.
Proof of financial means:
This should amount to at least 200% of the monthly Spanish national minimum wage (approximately £2140 per month or £25700 per year). Bank statements, payslips, or work contracts can serve as valid proofs.
University Degree or Professional Certificate:
Yes, the original University Degree should apostilled/certified and translated. A professional certificate usually refers to a formal recognition of a specific skill or profession. An employment history issued by the UK government is accepted, as per this link: Proof of Employment History. A letter from your manager would be supplementary but presenting both the University Degree and a Professional Certificate (or an employment history) might strengthen your application.
I hope this detailed breakdown clarifies the requirements for the Digital Nomad Visa. Should you have any other questions, please don’t hesitate to ask.
Best regards,
Maria