The visa for digital nomads is one of the most relevant aspects of the draft bill of the Startups Law, recently approved by the Council of Ministers. 

Specific visa for telecommuting 

The permit contemplated in the draft bill is “a specific visa for people working in Spain for a foreign company”, according to the Government. 

The rule provides that non-resident foreigners who wish to travel to Spain to telework may apply for a specific visa if they certify their international work status. 

To facilitate the conditions, the draft bill of the Startups Law contemplates the easing of access to the non-resident income tax (IRNR). This tax is levied on income received in Spain by individuals and entities not resident in the country. That is to say, workers and companies that obtain income, but do not stay for more than 183 days in Spanish territory. 

The preliminary draft of the Startups Law indicates a specific tax regime that applies to those who obtain the digital nomad visa. In case of receiving more than 600,000 euros gross per year, the tax rate will remain at 47%. In addition, it extends the period in which a non-resident can enjoy this tax from five to ten years. 

Requirements to apply for the digital nomad visa 

• The digital nomad visa can be applied for by a person over 16 years of age, with an initial authorization for residence and self-employment. 
• The authorization to live and work legally in Spain with the digital nomad or teleworker visa will be valid for a maximum of one year. 
• Once it has expired, the teleworker may apply for a residence authorization for international telecommuters for two more years. 
• The teleworker must provide a valid passport, criminal record certificate, medical certificate, proof of sufficient skills to perform their work independently, and financial solvency. 
• The consulate of the teleworker’s country will send the information to the Spanish authorities, in charge of approving the digital nomad visa. 
• The resolution depends on the Government Delegation of each province. 

While the telework visa regulations come into force in October 2021, foreign workers can apply for a self-employment visa, which authorizes the holder to reside temporarily in Spain for one year and carry out a work activity on their own account. 

This information does not constitute under any circumstances legal advice, serving only for informational purposes. In case you need professional services in Global Immigration and Mobility, please contact us.

* It should be taken into account that the regulations of any of the countries analyzed, as well as the established procedures, may change at any time and without prior notice.

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