Lawyer expert in the Digital Nomad Visa
Lawyer specialised in the Digital Nomad Visa
Following its publication in the BOE (Official State Gazette), the new visa for digital nomadshas come into force, allowing foreign workers to work remotely in Spain. In this article we show you the requirements, the advantages and everything you need to know before applying.
What requirements must I meet to obtain this visa?
A distinction must be made between:
– Employed workers: the hiring company must have been operating for one year and the worker must have been employed for at least three months. The contract must be for at least one year, and you must prove that your job is suitable for remote work and that the company has expressly authorised it. Your annual salary must be at least twice the Spanish minimum wage.
– Self-employed workers: you must prove that you have worked for at least one company outside Spain for at least the three months prior to the application, and that the terms of your contract allow remote work. Income received in Spain cannot exceed 20% of total invoicing.
Whether employed or self-employed, you must show that you have professional training or experience:
• Proven 3 years’ experience related to the job stated in the application.
• Be a graduate or postgraduate of a prestigious university, or have completed vocational training or studies at a recognised business school.
– Have no criminal record and not be banned from entering Spain; a criminal record certificate valid for at least 90 days, legalised and apostilled, may be provided.
– Provide a sworn statement of no criminal record in the last 5 years.
– Complete the form available on the website of the Ministry of Inclusion, Social Security and Migration.
– Pay the 790 038 fee.
– Have private health insurance with full cover throughout Spain.
What are the tax advantages?
Employed workers can be taxed under non-resident income tax (IRNR). To benefit from this, after obtaining the residence permit and within the following 6 months, you must submit an application to the Spanish Tax Agency. The regime can be requested in the first and second year with a positive tax base. In addition, if you have not been resident in Spain in the last 5 years, a flat rate of 24% applies to employment income up to €600,000 and 47% above that amount. The obligation to pay wealth tax or file the Modelo 720 information return is removed.
How can I apply for this visa?
The procedure must be carried out through the UGE, and can be done:
- From your country of origin, through the Consulate, with a 1-year visa that allows you to enter Spain; once there you can apply for a three-year residence card, renewable for another two.
- Directly in Spain with a tourist visa, then applying for a three-year permit, renewable for another two, until you obtain permanent residence.
The decision period is 20 days; if the administration does not respond, silence counts as approval, i.e. the application is deemed granted, and with the favourable decision you can attend the fingerprinting appointment to obtain the residence card.