Digital nomad visa

On December 22, through the Law 28/2022, of December 21, for the promotion of the ecosystem of emerging companies, known as the Startup Law, the article 74bis was introduced in the Law 14/2013, of 27 September, to support entrepreneurs and their internationalization. A new type of visa has been implemented for digital nomads, which aims to attract non-EU smart workers and freelancers.
  This type of visa can be granted to those who carry out their work remotely, or a professional activity for non-Spanish based companies, exclusively using computers and digital tools.
 
This visa is intended for:
 

1. graduates or postgraduates from prestigious universities, professional training and business schools of recognized prestige.
2. a professional experience of at least 3 years, in the absence of a university degree.

 
Regarding the eligibility requirements to be satisfied:
 
• The existence of a real and continuous activity for at least one year of the foreign company -or group of companies- with which the worker maintains an employment or professional relationship.
 
• Documentation proving that the employment or professional relationship can be carried out remotely.
 
• The employment relationship between the worker and the non-Spanish company must be proven during at least the three months prior to the submission of the application, as well as documentation proving that said company allows the worker to carry out the work remotely.
 
• In case of a professional relationship, it must be proven that the worker has a commercial relationship with one or more companies not located in Spain during at least the last three months prior to the submission of the application, as well as documentation proving the terms and conditions by which professional activity is carried out remotely.
 
 
The visa requested at the Consulate/Embassy will be valid for a maximum of one year, unless it is requested for a shorter period, and it will constitute sufficient title to reside and work remotely in Spain during its validity. Workers who are already in Spain legally may request this authorization directly within the Spanish territory. In this case, the validity of the authorization will be valid for three years, unless it is requested for a shorter period.
 
Important aspects to highlight:
 
• The holders of this new visa will be eligible for the “Beckham Law” Tax Regime for non-residents.
 
• Family members of applicant can be included in the same application.
 
• The DGM will issue the so-called “Instrucciones” to confirm the lists of documents and requirements to be met in each case. These instructions must be issued before March 31, 2023, and will be published in the Spanish Gazette (BOE).