INTERNATIONAL TELEWORKERS
Art.74 bis Law 14/2013
Nationals of third countries who travel to Spain to carry out an employment or professional activity at a distance for companies located outside the national territory, through the exclusive use of computer, telematic and telecommunication means and systems.
Frequently Asked Questions
- What is an international teleworker?
A worker authorized to remain in Spain to carry out an employment or professional activity at a distance for companies located outside the national territory, through the exclusive use of computer, telematic and telecommunication means and systems.
- Who can obtain an authorization as an international teleworker?
A national of a third country, of legal age. (Does not apply to citizens of the European Union or to those to whom European Union law applies).
- Can a freelancer be considered an international teleworker?
Yes, as long as he/she can prove a professional relationship with the foreign company for which he/she works for a minimum of three months and the company authorizes the transfer to Spain.
- What other requirements are necessary?
Not to be irregularly present in Spain.
Not have a criminal record in Spain and in the country/countries where they have resided for the five years prior to the application.
To have a public health insurance or a private health insurance arranged with an insurance company authorized to operate in Spain.
Have sufficient economic resources for themselves and their family members during their period of residence in Spain.
- Can you perform other work in Spain?
Always on the premise that their work can only be performed exclusively through computer, telematic and telecommunication means and systems, there are two possible scenarios:
- Employment relationship: In Spain you can only work for the company based outside the national territory for which you perform the telework service.
- Professional relationship: You may work for a company located in Spain, as long as you maintain the professional relationship with the company with which you are applying for authorization and the percentage of such work with the Spanish company/s is a professional relationship (never employment) and does not exceed 20% of your total professional activity.
- What absences outside the national territory can a teleworker accumulate?
They may be absent for a maximum of six months per calendar year in order to continue to meet the requirements for obtaining authorization.
- Can family members obtain an authorization/visa?
Yes, the spouse or person with analogous relationship of affectivity, the minor or adult children who, depending economically on the holder, have not constituted a family unit by themselves and the dependent ascendants, who join or accompany the foreigners may apply, jointly and simultaneously or successively, for the authorization and, if applicable, for the visa.
- Is it necessary to prove minimum financial resources?
Yes, the fourth additional provision of Law 14/2013 establishes that residence authorizations authorize to reside and work (both self-employed and employed).
- Can family members work in Spain?
Yes, the applicants of the visas or authorizations of residence of telework of international character will have to prove that they have economic resources for themselves and for the members of their family in accordance with the following amounts:
- Holders of visas and residence authorizations: amount representing 200% of the amount of 200% of the minimum interprofessional salary (SMI).
- Family units including two persons, counting the person entitled and the person reunited: at least 75% of the total number of family units. 75% of the SMI. It will be required a 25% of the SMI for each additional member in addition to the two persons mentioned.
These amounts can be accredited with, among others, the contract, payslips, certificate of the displacing company, etc.
Unit of Large Companies and Strategic Collectives - UGE-CE of January 16, 2023: "Teleworkers of international character". Ministry of Inclusion, social security and migrations.
