In the wake of the Covid-19 health crisis, telecommuting or teleworking was promoted. Covid-19 health crisis, telecommuting or teleworking was promoted, as it had already existed before, since it proved to be an effective measure to avoid contagion and job losses.
Teleworking continues to develop and offers interesting opportunities for the labor market, which has forced many countries to adapt to this modality. One of the measures to be implemented are visas specifically designed for remote workers, which are already available in several countries.
What is a digital nomad?
It is the professional with technological skills who travels constantly, which is why he/she develops his/her work activity through the Internet. This modality of teleworking allows working with total geographical freedom. Its characteristic features are:
- Working remotely.
- To be able to live while traveling.
Digital nomads are in a legal limbo, their situation is not fully regulated despite the fact that they have existed for some time. The most recommendable option for now to regulate their stay in Spain is to apply for a a self-employed work visa that allows them to reside temporarily for an initial period of one year, from the moment they enter the national territory, and to exercise a lucrative professional activity on their own account..
Spain is working on a new law to regulate the situation of these professionals. "Startups Law"whose draft bill is currently being debated in Parliament. One of the measures it aims to establish is the creation of a specific visa for digital nomads that will guarantee residence and work permit remotely from Spain.
This law also seeks to encourage the development of these innovative professional modalities by granting them tax benefits such as more flexible access and payment of taxes..
How to obtain a visa?
On July 6, 2021, the Government presented the preliminary draft of the Startups Law, which is currently in the process of evaluation, and until it is approved, it cannot be requested, as for now it is in an initial phase in which it may undergo various modifications.
The professionals who may apply for the visa areForeigners working telematically from Spain for a foreign company, digital nomadsForeigners working telematically from Spain for a foreign company, digital nomads and those professionals working for a foreign company based in Spain.
The draft bill establishes that foreign workers who wish to qualify for a visa must comply with the following requirements:
- Proof that a professional activity is being carried out remotely for companies located outside Spain.
- Be a highly qualified professional, i.e. hold a graduate or postgraduate university degree, vocational training and/or business school certificates.
- Have a minimum of 3 years of professional experience.
- The professional activity performed must be real and continuous for at least 1 year with the foreign company or companies.
- International employers must authorize the performance of professional activities telematically.
How long will the visa duration be?
According to the draft bill, the visa will allow entry and residence in Spain for a maximum period of one year, but may be renewed for two more years as long as the requirements for obtaining it continue to be met.
For the time being, if you find yourself in this situation, we can recommend you to apply for a residence and self-employment visa so that you can continue to develop your professional activity from Spain.
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