The visa for digital nomads is oriented to non-EU citizens. It is a permit aimed at foreigners who wish to move to Spain and continue working for a company located in another country, or for those workers with clients in different countries.

This residence permit may be extended for a total of five years and grants freedom of movement throughout the EU.

Requirements to apply for the digital nomad visa

• You must prove that you have worked for your company or have had a freelance relationship with your clients for at least three months prior to the application.
• Contract with the same company for at least one year.
• Demonstrate three years of related work experience prior to application. Or hold a graduate or postgraduate degree from reputable universities, vocational training or recognized business schools.
• Criminal record certificate and responsible statement of no criminal record within the last five years.
• Application form
• Payment of the corresponding fee.
• Private medical insurance with full coverage throughout Spain.
• Bank certificate proving income for the last three months.
• If you have a contract with a foreign company, it is essential that the company has been in operation for at least one year prior to your application.

Advantages of the digital nomad visa

•  The digital nomad visa is one of the most important points of the Startup Law that aims to attract and retain international talent.
• One of its great benefits is the quick resolution since it is resolved in just 20 days and administrative silence is interpreted as positive. In other words, if you have no response from the administration within this period, it is considered that the resolution has been approved.
• Another great advantage of this residency is the double application option, since you can apply directly in Spain, if you have a tourist visa, and obtain a three-year permit renewable for two more years until you obtain permanent residency.
• You can also apply at the Spanish consulate in your country. You will be granted a one-year visa to be able to enter Spain, and here you will have to make the change of legal status.
• The initial three years of the digital nomad visa, as well as its renewals, count towards both Spanish nationality and permanent residency, which you will be able to obtain after five years as a digital nomad in Spain.
• In addition, the spouse and children can be included in the application.
• Although the visa for digital nomads is for workers who have clients outside Spain, you can work in Spain for a Spanish company or client, if you maintain the contractual relationship with the foreign company for which you work (and for which you are granted the visa). In addition, the income you generate from the Spanish company or client cannot account for more than 20% of your total income.
• Digital nomad visa holders will be taxed through a tax regime under the income tax as optimized non-residents. That is, you will pay non-resident income tax instead of the general income tax payable by residents, which allows you to pay much less on the income you generate.
• For tax purposes, to be considered a non-resident you will need to initiate an application process with the Spanish Tax Agency within six months of obtaining your residence authorization.
• Digital nomad visa holders will be able to apply for IRNR deferral in the first and second year with a positive taxable base without interest.
• This tax regime will be extended for five years, if you maintain your residence as a digital nomad, to later change to the general regime.

Would you like to live and work in Spain as a digital nomad? At Duguech&Dip we can help you process your visa. Give us a call.

Since legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing on this article should be used as a substitute for the advice of competent legal counsel. The content on this article is offered only as information. And does not constitute solicitation or provision of legal advice. You should always consult a suitably qualified lawyer regarding any specific legal problem or matter.

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