NOMAD VISA: TELEWORKERS

The entry of Law 28/2022 for emerging companies (Spanish Startup Law) brings several changes that not only affect Startups. In the last article we saw how this law affected the impatriates. In today’s article we will talk about the nomad visa, which had not arrived in Spain until now.

International teleworkers

It is considered in a situation of residence by teleworking of an international nature: the national of a third State, authorized to remain in Spain to exercise a work or professional activity at a distance for companies located outside the Spanish territory.   This activity must be carried out through the exclusive use oforthomatic, telematic and telecommunication means and systems.

The holder of the teleworking authorization may only work for companies located outside the national territory.  In the case of a professional activity, the holder of the office shall be allowed to  work for an undertaking located in Spain, provided that the percentage  of work is not more than 20% of his total professional activity.

Qualified professionals who prove to be:

• Graduates or postgraduates of universities of recognized prestige.
• Graduates or postgraduates of professional training or business schools of recognized prestige.
• Those who have a minimum professional experience of three years.

REQUIREMENTS

1. The existence of a real and continuous activity for at least one year of the company or group of companies with which the worker maintains an employment or professional relationship.
2. Documentation proving that the employment relationship or profesional can be carried out remotely.
3. In the case of an employment relationship, the existence of this between the worker and the company not located in Spain for at least the last three months prior to the presentation of the request must be accredited, as well as documentation proving that said company allows the  worker to carry out the work activity remotely.
4. In the event of the existence of a professional relationship, it must be proven that the worker has a commercial relationship with oneor more companies not located in Spain for at least the last three months, as  well as documentation proving the terms and conditions in which he will exercise the professional activity at a distance.

NOMAD VISA

Foreigners not residing in Spain, who intend to reside in Spanish territory to telework remotely for a company not located in Spain, will apply for the visa for teleworking of an international nature. It will have a maximum validity of one year,  unless  the period of work is less, in which case the visa will have the same validity as this.

*Within sixty calendar days before the expiration of the visa, international teleworkers who are interested in continuing to reside in Spain may  apply for the residence permit for an international remote worker, provided  that the conditions  that generated the right are maintained.

Residency for international teleworking.

Those foreigners who are in Spain on a regular basis or who have accessed through the nomad visa, may apply for a residence permit.  This will allow remote teleworkfor a company located abroad, which will be valid throughout the national territory.

The validity of this authorization will have a maximum validity of three years unless it is requested for a shorter period of work. The holders of this authorization may apply for renewal for periods of two years, provided that the conditions which gave rise to the entitlement are maintained.

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