New law for digital nomads in Spain [GUIDE].

The Spanish ‘digital nomad’ visa is available to non-EU citizens who work remotely for companies outside Spain. Applicants can obtain a maximum of 20 per cent of their income from Spanish companies. We outline all the conditions that need to be met in order to obtain the visa.

For freelancers and remote workers

Both self-employed freelancers with multiple clients and remote workers – employed by a single company outside Spain – are eligible for a visa. Applicants must be from outside the European Economic Area, must not be living illegally in Spain at the time of application and must not have lived in Spain in the five years prior to application.

Those wishing to obtain a visa must also prove that they have worked with their clients or company for more than three months prior to applying, and the company they work for must have been in operation for at least one year. They must also be able to show that they have an employment contract or, if working as a freelancer, have been regularly employed by a company outside Spain and that their work can be done remotely. Applicants must also prove that they have qualifications or experience in their field. Instead of a qualification, such as a university degree or professional certificate, a minimum of three years’ work experience is required.

What requirements must be met?

In addition to meeting the above professional requirements, anyone wishing to benefit from the digital nomad programme will have to prove that they earn enough to be self-sufficient. The income threshold is set at 200 per cent of the monthly minimum wage in the country and can be proven with bank statements, contracts and invoices. The threshold is currently €2334 per month or €28,000 per year, but is likely to increase slightly as the country reassesses its minimum wage.

Close relatives, i.e. children and spouses, can join the visa holder in the country – with proof of sufficient financial means. Families of two (including the visa holder) must have an additional 75 per cent of the country’s monthly minimum wage (€875 per month). Then 25 per cent (€292) is added for each family member. Proof of sufficient resources is provided by the following figures (for 2023):

  • visa holder – 200% of the minimum wage, i.e. €1,100 x 200% = €2,200,
  • first dependent (spouse or partner) – 75% of the minimum wage, i.e. €1,100 x 75% = €825,
  • further dependants (children) – 25% of the minimum wage per person, i.e. €1,100 x 25% = €275 per person.

Health insurance is also required. There may be an option to pay into public health insurance, although it is not yet clear how this will work. Applicants must not have a criminal record in Spain or in the country where they have lived for five years before applying. Proof of a two-year clean criminal record is required, along with a sworn declaration of no criminal record in the last five years.

For what period is the visa valid?

‘Digital nomad’ visas in Spain are initially valid for 12 months or for the period of employment if less than 12 months. They can be renewed for up to five years.

It is not possible to leave Spain for more than six months in a year in order to renew the visa for the following year. Remote workers can also apply for a residence card, which gives you the opportunity to travel throughout the EU while in Spain.

Documentation required to obtain a visa:

  • application form,
  • proof of payment of the administrative charge,
  • copy of passport, proof of qualification or work experience,
  • certificate of employment and income,
  • proof that the company has been in existence for more than one year,
  • letter of authorisation from your company to work in Spain,
  • evidence of a clear clean criminal record,
  • proof of health insurance.

Tax for digital nomads in Spain

Anyone who stays in Spain for more than 183 days is considered a tax resident, even if they work for a foreign company. However, tax breaks are available for ‘digital nomads’ working and living in the visa country. Remote workers can pay a reduced tax rate of 15 per cent (instead of the usual rate of 24 per cent) for the first four years of residence – provided they earn less than €600,000 a year.

Prepared by Lukasz Tkaczyk, Temple Cambria

Also read our blog post on the formalities of property loans in Spain for non-residents.

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