Digital Nomad · International Remote Working

Working from Spaincan be simple.Making it legally soundis another matter.

Working from Spain for an international company may seem a simple decision. But behind an international professional relocation there are employment or commercial relationships, foreign companies, documents from different countries, professional requirements, financial means, health cover and, in certain cases, tax consequences that must be analysed before taking the step.

The residence permit for international remote working (teletrabajo de carácter internacional, the statutory name of what is marketed as the “digital nomad visa”) requires proof that the professional situation is genuine and that the conditions laid down by the legislation are met. That is why we do not begin with the form: we begin by understanding your professional reality, that of your company and the life you intend to bring to Spain.

Immigration·International·Tax·Corporate

Analyse my situation
Calle Casas de Campos, in Málaga’s Soho district, on an October morning: a woman seen from behind, with a canvas bag and a coffee, walks towards the light at the end of the street while a man cycles past the mural-covered façades.
DurationUp to 3 years
Renewal2 years
ApplicationUGE · Online
Statutory decision period20 days

Subject to fulfilment of the applicable legal requirements.

The reality

Remote work does notmean borderless law.

The technical possibility of working from anywhere does not mean that any professional situation can automatically qualify for the international remote working regime. The legislation requires proof of a series of specific circumstances. And some of them directly concern the foreign company.

That is why we study the operation from two perspectives: the professional and the company. A sound application begins long before it is filed.

Who it is for

Who is eligible?

The permit is aimed at third-country nationals who carry out an employed or self-employed professional activity remotely from Spain for companies based outside Spanish territory, using computer, telematic and telecommunication systems.

In the case of self-employed professional activity, the legislation also allows work for a company located in Spain, provided that such work does not exceed 20% of the total professional activity.

In addition, the applicant must be a qualified professional, and may evidence that qualification by the means provided for by law: certain higher education or vocational qualifications, business schools of recognised standing, or a minimum of three years’ professional experience.

The professional

First, you.

We look carefully at:

  • what activity you carry out
  • who you work for
  • since when
  • what professional relationship you have
  • what duties you perform
  • what training you have
  • what experience you can evidence
  • what income you earn
  • who your clients are
  • and where they are located

Because not every professional who works remotely automatically fits this permit. The profile must fit. And it must be capable of proof.

The company

Then, the company.

Here we come to one of the parts most easily underestimated.

The company or corporate group with which the professional relationship exists must show that it has carried on a genuine and continuous activity for at least one year. It must also be possible to show that the professional or employment relationship can genuinely be performed remotely.

A

If there is an employment relationship

It must be shown that the employee has maintained that relationship with the foreign company for at least the three months prior to the application, together with documentation demonstrating that the company authorises remote working.

B

If there is a professional relationship

A commercial relationship with one or more companies located outside Spain must be shown for at least the three months prior, together with the terms on which the professional activity will be carried out remotely.

Working for a foreign company is not enough. It must be possible to evidence, in legal terms, the relationship that allows you to do so from Spain.

Requirements

The pieces that must fit.

01

Genuine company activity

The company or group must have carried on a genuine and continuous activity for at least one year.

02

Remote working

It must be shown that the employment or professional relationship can effectively be performed remotely.

03

Three months

In employment or professional relationships, the prior relationship must be shown to have existed for at least the three months before the application.

04

Qualification

The professional must evidence the required qualification or, alternatively, at least three years’ professional experience, in accordance with the statutory conditions.

05

Foreign employer or clients

The activity must be linked, on the terms established by law, to companies located outside Spain.

06

Activity in Spain

A self-employed professional may work for Spanish companies up to a maximum of 20% of their total professional activity.

07

Financial means

Sufficient financial means must be shown for the applicant and, where applicable, for their family members.

08

Health cover

The legally required health cover must be shown, save in the exempted cases.

09

General requirements

In addition, the general requirements applicable to the international mobility regime must be met.

The documents

The documentation is not an annex.It is the evidence.

Depending on the case, we may work with:

  • employment contracts
  • commercial contracts
  • company certificates
  • payslips
  • invoicing
  • qualifications
  • certificates of experience
  • corporate documentation
  • bank documentation
  • health insurance
  • criminal record
  • family documentation
  • traducciones juradas (sworn translations)
  • Apostilles and legalisations

And this is where our involvement is particularly important: it is not simply a matter of gathering documents. It is a matter of checking that each document proves exactly what it needs to prove.

The evidence

Everything must speak the same language.

When the file combines documents from Spain, the United Kingdom, the United States, the Emirates, Latin America or any other jurisdiction, discrepancies may appear in names, dates, duties, companies, contracts, income, addresses, signatories or translations.

A small inconsistency can raise an unnecessary doubt. That is why we review the whole story, not merely each document in isolation.

The tax question

What does living in Spain meanfor tax purposes?

And then a question arises that many discover too late. Immigration residence and tax residence are two different things. But the move may have tax consequences depending on your personal and professional circumstances.

Where relevant, we analyse:

  • tax residence
  • IRPF (personal income tax)
  • international income
  • foreign companies
  • participaciones (shareholdings)
  • investments
  • wealth
  • remuneration
  • family

Before deciding where to live, it is worth knowing what living there means.

The founder

When the digital nomad is alsoa business owner, the equation changes.

If you are also the owner or a director of a foreign company, it may be necessary to analyse additional matters relating to the corporate structure, management, business activity, international taxation, shareholdings, intellectual property, investments and personal assets.

In such cases we coordinate, where appropriate:

Immigration · Tax · Corporate · Private Wealth

Personal mobility can have business consequences.

The family

An international life rarely moves alone.

Where there are family members, we analyse from the outset the options available to the spouse or partner, the children and any other family members who may be included in the regime, as well as the matters relating to their settlement in Spain.

Because relocating a job is one thing. Relocating a life is another. See Family & Dependants →

The timing

Time limits we must know from the outset.

  • ·VisaFor those outside Spain who choose the consular route, the visa for international remote working is valid for a maximum of one year, unless the period of work is shorter.
  • ·ResidenceThose lawfully in Spain may apply for the corresponding residence permit. The permit has a maximum duration of three years, unless a shorter period is requested.
  • ·RenewalIt may be renewed for periods of two years, provided that the conditions that gave rise to the permit continue to be met.
  • ·From visa to residenceIf you enter on the visa, the application for the residence permit may be made within the 60 calendar days before the visa expires, provided that the required conditions are maintained.
  • ·DecisionFor residence permits governed by Ley 14/2013 (the Spanish Act on support for entrepreneurs and their internationalisation), the maximum statutory decision period is 20 days from the filing of the application; if no decision is issued within that period, the statutory rules on silencio administrativo (administrative silence, whereby the law attaches a deemed outcome to the absence of a decision) apply.

Time limits matter. But preparing the file before the clock starts running matters even more.

Our approach

Advice from minute one.

  • 01UnderstandWe understand your activity, your company and your personal situation.
  • 02VerifyWe check whether this permit is really the right route.
  • 03IdentifyWe identify the requirements that must be evidenced.
  • 04CoordinateWe work, where necessary, with the foreign company.
  • 05StructureWe organise the documentary strategy.
  • 06TaxWe analyse the tax implications where relevant.
  • 07PrepareWe prepare the complete file.
  • 08FilingWe file the application with the UGE (Unidad de Grandes Empresas y Colectivos Estratégicos).
  • 09Follow-upWe see the decision through, together with the subsequent paperwork and the stages that follow.
  • 10RenewalWe anticipate the renewal and check that the conditions continue to be met.

The greatest riskis not always failing to qualify.

It may be:

failing to identify the right route

failing to evidence a requirement that is in fact met

filing insufficient documentation

failing to demonstrate the relationship with the company properly

confusing employed and self-employed activity

ignoring the position of the foreign company

filing inconsistent documents

or discovering too late a relevant tax or business circumstance

Our job is to look for those areas of risk before filing. Careful by design.

Blue hour in Málaga’s Soho district: through the window of a small studio, a woman in profile reviews documents at a table beneath a lamp, with the street empty and a bicycle parked outside.

The Garzalex view

The world made work more mobile. The law did not become simpler.

Working from Spain can be simple. Properly evidencing that you may do so, not always. That is why our advice begins before the application: person, company, documentation, tax, family, continuity. One move, one complete strategy.

Important decisions should be discussed in the language in which they are made.

ES·EN·DE·RU

Advising an international client takes more than translation: it takes context.

Digital Nomad

Work from wherever you choose.
We take care of the rest.

We structure the legal process so that your move to Spain is secure from day one.

Analyse my eligibility
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A professional working from the terrace of a Mediterranean villa above the sea