Digital Nomad Visa in Spain: How to Apply

🇪🇸 Read the original in Spanish

Working with your laptop in front of the Mediterranean Sea or from a charming café in Madrid is no longer an unattainable dream, but a fully consolidated legal reality. Spain has positioned itself as one of the most attractive destinations in the world for remote professionals thanks to a legal framework specifically designed to attract international talent. In this detailed guide, we will analyze in depth how to obtain the digital nomad visa in Spain, breaking down the legal requirements, the step-by-step procedure, and the key financial aspects so that your application is a resounding success.

The legal framework: The Startup Law and the digital nomad figure

The figure of the digital nomad in Spain is not governed by the classic Ley Orgánica 4/2000 (Organic Law 4/2000, popularly known as the Ley de Extranjería or Immigration Law), but by a much more modern and specific regulatory framework. The regulation of this authorization was introduced through Law 28/2022, of December 21, on the promotion of the startup ecosystem, popularly known as the "Ley de Startups" (Startup Law).

This law modified and expanded Law 14/2013, of September 27, on support for entrepreneurs and their internationalization, which is the legal text where the substantive requirements for this visa are regulated (specifically in its articles 74 bis and following).

The spirit of this regulation is to facilitate the attraction of professionals who carry out a labor or professional activity at a distance for companies located outside the national territory, using exclusively computer, telematic, and telecommunication systems and media.

Who can apply? Two distinct profiles

The law clearly distinguishes between two types of applicants who do not belong to the European Economic Area (since citizens of the UE, Iceland, Liechtenstein, and Norway are governed by free movement regulations and only require the registro de ciudadanos de la Unión [Union citizen registration]):

1. Employees (salaried workers): Employees of a foreign company that expressly authorizes the relocation and remote work from Spain.
2. Independent professionals (self-employed/freelancers): Professionals who provide services to one or several companies located outside of Spain, allowing a maximum of 20% of their income to come from Spanish companies.

Mandatory substantive requirements for approval

For the Unidad de Grandes Empresas y Colectivos Estratégicos (UGE-CE / Large Business and Strategic Collectives Unit) to approve the application, the following substantive requirements must be rigorously proven:

1. Prior employment or professional relationship

It is not enough to have a recent contract. The applicant must prove that the employment or professional relationship with the foreign company has existed for at least 3 months prior to the application. Likewise, the contracting company or companies must have a real and continuous activity for at least 1 year.

2. Professional qualification or experience

The applicant must prove that they are a qualified professional. This is demonstrated by:

• A university degree, postgraduate degree, higher vocational training (formación profesional de grado superior), or a degree from a business school of recognized prestige.
• Or, equivalent professional experience in the activity of a minimum of 3 years.

3. No criminal record

A criminal record certificate must be provided from the country or countries where the applicant has resided during the last 5 years, duly apostilled (Hague Apostille) or legalized, and translated by a traductor jurado (sworn translator). Additionally, a responsible declaration of the absence of a criminal record in the last 2 years must be signed.

4. Healthcare coverage and social security

This is one of the most complex points and one that generates the most denials:

• Private health insurance: Private insurance must be contracted with an entity authorized to operate in Spain, with full coverage (equivalent to the National Health System), without co-payments (copagos), and without waiting periods (periodos de carencia).
• Social Security: If a bilateral Social Security agreement exists between Spain and the country of origin covering the displacement of workers (as is the case with the United Kingdom, the USA, etc.), the certificate of coverage must be provided (for example, the A1 form for the UK). If no agreement exists or if it does not cover the situation, the foreign company must register with the Spanish Social Security and pay contributions for the worker, or the freelancer must register in the special regime for self-employed workers (RETA - Régimen Especial de Trabajadores Autónomos) in Spain.

Economic requirements and financial means for 2024

The economic threshold to obtain this visa is indexed to the Salario Mínimo Interprofesional (SMI / Minimum Interprofessional Wage) of Spain. For the year 2024, the SMI is set at €1,134 per month (in 14 payments) or €1,323 per month (with prorated extra payments).

The minimum required amounts are as follows:

• Visa holder: Must demonstrate a minimum monthly income equivalent to 200% of the SMI. This translates to €2,268 per month (or €27,216 per year).
• First accompanying family member (e.g., spouse): Requires an additional 75% of the SMI, which is €850.50 more per month (€10,206 per year additional).
• For each additional family member (e.g., children): Requires an additional 25% of the SMI, which is equivalent to €283.50 per month per person (€3,402 per year additional).

Practical examples of financial viability

To understand how these figures are applied in reality, let us analyze two common scenarios:

Example 1: John, a single software developer from the USA

John works remotely for a tech company in Austin. His monthly salary is $3,200 (about €2,950 at the current exchange rate).

• Viability analysis: John easily exceeds the minimum of €2,268 required for a single applicant.
• Estimated cost of living: John rents an apartment in Valencia for €950 per month. He allocates €150 for utilities and high-speed internet, €60 for his private health insurance without co-payments, and €300 for food. His mandatory fixed expenses amount to €1,460, leaving him a net margin of almost €1,500 for leisure, savings, and taxes. His profile is ideal and financially viable.

Example 2: Sarah and Mark, a married couple from Canada with a 6-year-old child

Sarah is a freelance marketing consultant, and her Canadian clients bring her an average of €3,800 per month. Mark is not currently working.

• Viability analysis: When traveling as a family, the calculation is as follows:
• Holder (Sarah): €2,268
• Spouse (Mark): €850.50
• Child: €283.50
• Total required: €3,402 per month (or €40,824 per year).
• Since Sarah's demonstrable income is €3,800, it exceeds the minimum family threshold of €3,402. They meet the legal economic requirement for all three to obtain residency.

Practical step-by-step procedures

There are two ways to apply for this right, and the choice will determine the duration of the permit granted:

Option A: Application from the country of origin (Consulate)

If you start the process outside of Spain, you will obtain a Digital Nomad Visa with a maximum validity of 1 year (or the duration of the contract if it is shorter).

1. Step 1: Gather the documentation. Contracts, degrees, apostilled criminal records, insurance, and bank statements from the last 3 months.
2. Step 2: Consular appointment. Request an appointment at the Spanish Consulate of your legal residence jurisdiction.
3. Step 3: Payment of fees. Pay the corresponding visa fee (varies by nationality, usually around €80 to €100).
4. Step 4: Resolution. The consulate has a legal term of 10 business days to resolve, although in practice it can take up to 30 days.
5. Step 5: Travel to Spain. Once granted, you travel to Spain. Before the year expires, you can apply for the 3-year residence authorization.

Option B: Direct application from Spain (UGE-CE) - The most recommended

If you are legally in Spain (for example, as a tourist with a Schengen visa or visa waiver), you can apply directly for the Residence Authorization for a Digital Nomad, which is granted for 3 years, renewable for another 2 years.

1. Step 1: Obtaining the NIE and digital certificate. It is essential to obtain a Número de Identidad de Extranjero (NIE / Foreigner Identity Number) and a digital certificate (such as the one from the FNMT) to be able to make the online submission.
2. Step 2: Payment of Fee 790 038. Fill out and pay the corresponding fee for processing authorizations under Law 14/2013, the current amount of which is €73.26.
3. Step 3: Online submission. Upload all digitized documentation to the official platform of the Ministry of Inclusion, Social Security, and Migration (electronic headquarters of the UGE-CE).
4. Step 4: Positive administrative silence. The UGE-CE has a strict deadline of 20 business days to resolve. If they do not issue an express resolution within that period, the application is understood to be approved by silencio administrativo positivo (positive administrative silence), an extraordinary benefit of this law.
5. Step 5: Fingerprinting (TIE). Once the resolution is approved, an appointment is requested at the National Police for the issuance of the Tarjeta de Identidad de Extranjero (TIE / Foreigner Identity Card). The card issuance fee (Fee 790 012) of approximately €16 must be paid.

Mistakes you must avoid

• Submitting recent contracts without the minimum history: If your employment or service contract is less than 3 months old at the time of application, the rejection will be automatic, regardless of how high your salary is.
• Failing to justify the "remote workability" of the position: It is a common mistake to provide a standard office contract. There must be an express clause or a certificate from the company that explicitly authorizes the employee to perform their duties remotely from Spain indefinitely or for the requested period.
• Contracting inadequate health insurance: Travel insurance is not valid, nor are international policies with deductibles or co-payments. The Spanish policy must specify "without co-payments and without waiting periods" to be accepted by the UGE-CE.
• Neglecting the legalization of foreign documents: Any public document issued outside of Spain (such as the criminal record certificate or marriage certificate) must be apostilled or legalized through diplomatic channels. Otherwise, it will have no legal validity in the procedure.

Frequently Asked Questions (FAQ)

Can I pay taxes under the "Beckham Law" with this visa?

Yes, this is one of the greatest tax advantages. Digital nomads relocating to Spain can opt for the Special Regime for Displaced Workers (popularly known as the Ley Beckham / Beckham Law). This allows them to pay a flat tax rate of 24% on the first €600,000 of annual income, instead of the progressive ordinary IRPF (personal income tax) rate which can reach up to 47%.

Does this visa count towards obtaining Spanish nationality?

Yes. Unlike student visas, the time of legal residence under the digital nomad visa or authorization counts fully towards obtaining Spanish nationality by residence. For citizens of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, or those of Sephardic origin, the required period of residence is only 2 years. For other nationalities, the general period is 10 years.

Can my accompanying family members work in Spain?

Yes, the law is extremely generous in this regard. Family members of working age (spouse or common-law partner, and children over 16) who obtain residency as dependants of the digital nomad have an automatic right to work in Spain, either as employees or as self-employed individuals, without needing to carry out any additional compatibility procedures.

What happens if my application is denied?

If the UGE-CE denies the application, the appeals process opens up. A Recurso de Alzada (administrative appeal) can be filed before the same administrative body within 1 month of notification. If this is dismissed, you can go to court via a Recurso Contencioso-Administrativo (contentious-administrative appeal) before the Central Contentious-Administrative Courts within 2 months.

Summary

• Favorable legal framework: Regulated by Law 14/2013 (modified by the Startup Law), it offers a fast and simplified path to residency.
• 3-year fast track: Applying directly from Spain grants 3 years of initial residency, compared to the 1 year obtained from the consulate.
• Strict minimum income: It is required to prove income of at least €2,268 per month for the main applicant in 2024.
• Positive silence: The administration has a resolution period of 20 business days; if it does not respond, the application is considered approved.
• Added benefits: Access to the reduced taxation of the Beckham Law and full accumulation of residency years towards Spanish nationality.

General legal information, not personalised legal advice. For your specific situation, ask your question for free at AbogadoAI — answers grounded in Spanish law (BOE), in English.

This is general information, not legal advice. Verify on the BOE or consult a lawyer for your specific case.