In recent years, there has been a boom in teleworking, a modality that offers numerous advantages and facilities. It exists the possibility of teleworking for any part of the world, without moving from our homes. But, perhaps you would like to move from home and have the experience of living in Spain, is it possible? Would you like to know what are the requirements?

Spain is a great option for international teleworkers, who are looking to enjoy its culture, climate and entertainment proposals. Everything with no need to look for a new job, and keeping the advantages of teleworking.

The new Spanish law makes it possible to telework in Spain while being a foreigner. Law 28/2022, of December 21, to promote the ecosystem of startups, has incorporated a new migratory figure in Law 14/2013, of September 27, referring to international teleworkers, also known as digital nomads.

Recently, the law was complemented by the joint instruction of the Director General of the Spanish Abroad and Consular Affairs and the Director General of Migration of March 30, 2023. This instruction clarifies the practical aspects of application of the aforementioned law for the procedure of visa applications and international telework residence authorizations.

Now, you are probably wondering what are the requirements to be able to apply for an international telework visa or residence authorization. Luckily, the joint instruction of March 30 clarifies it for us, including a list of the compulsory documentation.

The application for a visa or residence authorization to telework in Spain must include the following documentation:

1. Copy of complete passport or travel document in force.
2. Proof of having paid the corresponding fee.
3. Application form signed by the teleworker.
4. Accreditation of an employment or professional relationship of at least three months at the date of the application with the foreign company or companies.
5. Proof of a real and continuous activity for at least one year of the foreign company or companies with which the worker maintains labor or professional relationship.
6. In the cases of an work relationship, letter from the foreign company authorizing the remote work from Spain.
7. In the case of a professional relationship, documentation that accredits the terms and conditions of the activity.
8. Accreditation of enough economic resources, in the terms established in the third instruction.
9. Criminal record certificate and responsible declaration of the non-existence of criminal record of the last 5 years.
10. Accreditation of having a public or private health insurance, in the terms established in the fifth instruction.
11. Responsible declaration stating the commitment to comply, prior to the beginning of the labor or professional activity, with the obligations in terms of social security and, in case of not being covered by the international standard of coordination of social security systems and work for others, accreditation of the company’s registration in the Social Security.
12. Copy of the university degree or documentation accrediting professional experience of at least three years.

It is important to clarify that visa applications must be accompanied, additionally, by all the documents required by the current visa regulations. In addition, foreign public documents must be legalized through diplomatic procedures or be apostilled.

Duration of visa or residence authorization for teleworking

Perhaps some doubts have emerged in your mind. For example, for how long is the permission to telework from Spain granted? The answer depends on whether it is a visa or a residence authorization for international teleworkers.

In the case of the visa, its duration of validity will be a maximum of one year. In the case of the residence authorization, it will be valid for a maximum of three years.

After reading this information, you may be wondering when should you apply for a visa and when should you apply for a residence authorization for teleworking? If you are in your home country, you should apply for a visa. On the other hand, if you are in Spain on a legal status, you could apply for a residence permit.

Do you have more doubts? Would you like to telework and live in Spain? Contact us and we will help you. In Duguech&Dip we have more than ten years of experience in processing visas and residence and work permits.

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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