International teleworking: a new scenario with challenges that the law does not yet foresee
International teleworking has opened up a new way of living and working. More and more professionals, taking advantage of the technological possibilities, decide to develop their activity from Spain for companies or clients abroad.
However, this phenomenon - as recent as it is global - has brought with it legal and administrative challenges that are not yet fully covered by current regulations.
At Molinares Abogados we have been accompanying international teleworkers for years in their authorization processes, and we know that each case is unique. Personal circumstances, the type of employment or professional relationship, and even the nature of the work performed, influence the way in which the requirements demanded by the Administration must be accredited.
💼 The perception of income: not all cases are equal.
One of the most sensitive aspects in these applications is the accreditation of the receipt of income. The demonstration that the teleworker has sufficient economic resources may vary according to the profile of the applicant, his or her relationship with the foreign company or the type of professional contract.
Therefore, at Molinares Abogados we carry out an exhaustive and personalized study of each case to determine the most appropriate way to accredit the receipt of income and economic sufficiency in accordance with Law 14/2013 and the latest administrative interpretations.
⚖️ Regulated professions: a focus of special attention
The regulated professions are those whose practice in Spain is subject to additional legal requirements: official Spanish or homologated qualifications, mandatory registration/registration and, in some cases, specific training requirements or exams. Relevant examples for international teleworkers are the law, architecture or health psychology, among others.among others. These professions require specific treatment in any telework authorization. In these cases, it is not enough to prove experience or qualifications: the need to expressly declare that the profession will not be practiced in Spain must be assessed.
It is a viable solution when the telematic activity is limited to foreign clients and does not constitute a practice in Spanish territory.
Each profession has its own particularities, and that is why we insist: each case is different and requires an individualized analysis before submitting the application.
🗂️ Basic documentation to be considered
Although the requirements may vary according to the profile of the teleworker, the main documents that are usually required are:
- Labor or professional contract with the foreign company that proves a minimum relationship of three months.
- Accreditation of the real and continuous activity of the foreign company for at least one year.
- Letter from the company authorizing remote work from Spain and detailing functions, salary and conditions.
- Qualification or accreditation of professional experience, especially relevant in regulated professions.
- Certificate of criminal record and responsible declaration of not having a recent criminal record.
🤝 In Molinares Abogados we help you
In short, international telecommuting offers unprecedented opportunities, but it also requires a rigorous legal approach. If you are thinking of applying for international telework authorization or need to review your current situation, at Molinares Abogados we accompany you every step of the way, ensuring that your application is tailored to your circumstances and complies with all legal requirements.
