What about the Spanish digital nomad visa in May 2023...

Spanish Digital Nomad Visa
In January 2023, Spain launched its digital nomad visa, known officially as a telework visa, joining Portugal, Croatia, and Greece in creating a residency option for remote workers from outside the European Union. Five months later, Spain is still working out the finer points of implementation with its own agencies and consulates, and with other countries. 
To help you understand whether the Spanish digital nomad visa might be an option for you, we’ve pulled together answers to some of the most common questions. 

Am I eligible for the digital nomad visa?
First, you need to show that you have either a degree or three years of work experience in the subject matter in which you’re currently working.  You´ll often see that  if you’ve been a resident of Spain during the previous five years, you are not eligible for the visa. In fact, this requirement is only to be eligible for the tax incentive (Beckham law) and not necessarily for the visa itself. We don´t know yet if It’s not possible to change from a non-lucrative or a student visa to a telework visa.

Freelancer or independent contractor—the eligibility requirements are fairly straightforward. You need to show that you have a steady stream of income of repeat clients or contract with new clients to cover your living expenses and commit to paying into the Spanish social security system as a freelancer.  

Employee—you’ll need to demonstrate that your employer has been in business for at least one year; you’ve worked for your employer for at least three months and; that your employer does not have a branch or subsidiary in Spain. Your employer needs to allow you to work in Spain. 
The main issue is that Employees need a certificate of coverage for social security. The employer is making contributions to social security in the country in which it’s registered Social Security Administration is often unable to provide a certificate of coverage for a scenario where an employee is working remotely from Spain as they´´ have to register and pay in Spain too. This is a reality for US employees but also for other countries around the world. 

Self-employed business owner—you’re likely to face the same challenge as employees regarding the certificate of coverage for social security but it would be easier to accept the Spanish administration requirements as you decide yourself. 


Should I apply for the Telework visa from home or from Spain?
You can apply for the Telework visa from your home country or from Spain, as long as you entered the country legally with a valid tourist visa.

Applying from home—you’ll first need a Spanish identification number, or NIE obtained from your Spanish consulate. You’ll then assemble the required documents for the telework visa (with translations and apostilles for all official documents) and submit the application at the consulate (at the same time you can apply for each accompanying member of the family). You should get a definitive answer in a maximum of ten working days. Telework visas are valid for one year with the option to renew (up to five years total).

Applying from Spain—you’ll follow the same process (NIE, then visa application) and submit the same documents; however, you’ll have to set up an accredited digital certificate that allows you to apply yourself for the telework visa online. Each provincial capital has a several Oficinas de Extranjería where you can apply for the NIE and collect your visa, if approved. Telework visas awarded in Spain are valid for three years with the option to renew (up to five years total). The delay of obtention (or rejection) is supposed to be 20 working days. 


​Should I hire a lawyer to prepare my application for the Spanish digital nomad visa?
It’s not a bad idea to hire an experienced advisor to help you prepare your application for a digital nomad visa. However, be wary of someone who says they can guarantee that your application will be successful. There are no guarantees, as nobody has enough experience with this new visa.

To conclude, it’s possible that Spain will modify telework visa requirements or processes as it becomes aware of pain points related to implementation. To stay current on telework visa requirements, we recommend following articles by The Local  and reading postings by successful and unsuccessful applicants on the Spanish Digital Nomad Visa group on Facebook. The website of your Spanish consulate should always be your first port of call. 

Lastly, if you’d like us to connect you with a Spanish telework visa expert, contact us at [email protected]. We’d be happy to help!