Startups Law: new visa for teleworking

On 1 January 2023, with the new entry into force of the Startups Law, a novelty has been incorporated about foreigners: it is possible to migrate to Spain to reside while carrying out work or professional activity outside Spanish territory.
With the modification of the Entrepreneurship Act, the "International Teleworkers" permit has been added: a visa for foreign citizens who want to establish themselves in Spain and telework in our country.
With this addition, a total of three types of visa for teleworking can be applied for in Spain:

Visa for teleworking in Spain

Who can apply for it?

Employed workers: workers whose company is based outside Spain.

Self-employed workers: people with their businesses may work in Spain for companies based outside our country or for companies based in Spain, with the limitation that the activity based in Spain may not exceed 20% of the total professional activity.

They must be able to accredit that they have a Graduate or Postgraduate Degree, that they have Professional Training in prestigious schools or accredit that they have more than 3 years of experience to be able to apply for the visa.

International worker visa

General requirements to obtain this visa:
  • Not to be irregularly present in Spanish territory.
  • Be 18 years of age or older
  • Not have a criminal record according to the Spanish legal system in Spain and other countries in which you have resided during the last five years. And not be listed as rejected in territories with agreements with Spain.
  • Availability of sufficient funds to support you and your family who will accompany you during your stay in Spain. In addition, you must have public or private insurance accepted in Spain.

Digital Nomad (international worker) visa

Specific requirements for the Digital Nomad Visa:
  • That the worker has real and continuous seniority of activity in the company of at least one year and provides evidence that the activity can be carried out remotely.
  • For employed workers, proof must be provided of an employment relationship between the worker and the company (not located in Spain) during the last three months before the submission of the application.
  • For self-employed workers: proof must be provided that the employer has had a business relationship in the last three months with one or more companies not located in Spain. The information must be provided that accredits the terms and conditions of work of the person who wishes to reside in Spain.
Where to apply for the visa and how long does it last?
Where to apply: at the Spanish consulate of the applicant's country of legal residence or country of origin.
Duration: maximum one year.
Extendable: this visa can be extended for another year if it is requested within sixty calendar days before the expiry of the visa and the same conditions are maintained.

Other visas or authorisations linked to the Startups Act

This law allows people coming to start a business in Spain to live and work in Spain for five years and will be subject to non-resident income tax.

Investors and freelancers from other countries who want to work for Spanish startups will be eligible for the impatriate regime.
Finally, the residence permit for international teleworking, which allows you to enter Spain to telework for a maximum of 3 years.
For more information or any queries, please contact the Immigration and Nationality Department of CINC Consultants:
Or call any of our centres
933 03 060 (Barcelona)
972 505 100 (Figueres)
972 940 940 (Girona)

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