Digital Nomads in Spain: a New Migratory Phenomenon

Published on 3 March 2023

Spain is a very attractive destination for workers of foreign companies. Accordingly, on 23 December 2022, Law 28/2022, of 21 December, on the promotion of the ecosystem of emerging companies (the “Startup Law”) entered into force, updating Law 14/2013, of 27 September, on support for entrepreneurs and their internationalisation (the “Entrepreneurs’ Law”), by including a new labour migratory phenomenon in the regulation: international remote work.

Monika Bertram Abogada +34 91 319 96 86

Unfortunately, this international remote work focuses, at least for the time being, only on third-country nationals, allowing them to live in Spain and carry out their work or professional activity through the exclusive use of IT, electronic and/or telecommunication means and systems.

In view of the above, non-EU citizens interested in working remotely from Spain for their company based outside Spanish territory can legally settle in Spain by obtaining a visa and/or authorisation for international remote work.

What Kind of Professionals Is the Regulation Aimed At?

The new regulation foresees the possibility to work remotely from Spain for professionals, of legal age, who can prove to be graduates or postgraduates of prestigious universities, professional training and business schools or to have at least three years of professional experience.

However, the new regulation is not limited to employees. Self-employed workers who choose Spain as their new place of residence may also apply for their visa and/or residence permit for international remote workers, provided that they meet the requirements of the regulation.

Professionals who plan to settle in Spain to work remotely but who are still living outside Spain, must first apply for the corresponding visa at the Spanish consulate or diplomatic mission in their country. Such visa will be valid for the period of remote work, up to a maximum of one year, and will be sufficient to reside and work remotely in Spain.

International remote workers who already stay in Spain on a regular basis or, holding the said visa, intend to continue residing in Spain, may apply for the corresponding residence permit for international remote workers directly in Spain. Considered a single permit (permiso único), it will be valid for the entire Spanish territory, with a maximum duration of three years, renewable for periods of two years.

The main objective of the new regulation was to attract international talent and capital to Spain. As we have seen above, with it, the Spanish government was able to respond to a labour migration phenomenon on the rise since the Covid-19 pandemic. The new framework makes it easier for professionals from third countries and their families to take advantage of the simplified entry and residence procedure for foreigners in Spain under Art. 61 et seq. of the Spanish Entrepreneurs’ Law.