General information
Visa for foreigners who wish to carry out remote work or professional activities for companies located outside of Spain, using only computer, telematics, or telecommunication means.
Foreigners who carry out an activity as an employee may only work for companies located outside of Spain.
Foreigners who are self-employed (as freelancers) may also work for companies located in Spain, provided that the percentage of such work does not exceed 20% of their total activity.
To obtain this visa, you must have a graduate or postgraduate degree from a prestigious university, vocational training center, or business school, or prove a minimum of three years of professional experience.
The following family members of teleworkers can also obtain a visa:
· The spouse or common-law partner.
· Minor children and children of that age who are financially dependent on the teleworker and who have not formed a family unit on their own.
· The ascendants who are in the care of the teleworker.
It is necessary to apply for a NIE at the same time as the visa (See Passports and other documents > Foreigner Identification Number).
Necessary documents
General (for the international teleworker and their family members):
1. National visa application form. Each applicant, or their representative, must complete all sections and sign a visa application.
2. Photograph: A recent, passport-sized, color photograph with a light background, taken head-on, without dark glasses, reflections, or clothing that obscures the oval of the face.
3. Valid passport. Original and a photocopy of the biometric data page(s). The passport must be valid for at least one year and have two blank pages. Passports issued more than 10 years ago are not accepted.
4. Criminal Record Certificate. Applicants of legal age must present the original and a copy of the criminal record certificate issued by their country or countries of residence within the last two years. A declaration of non-criminal record must also be submitted.
5. Proof of residence in the consular district. Visa applicants must prove their legal residence in the country where the application is submitted.
6. Proof of the representative’s identity and capacity. If applying for a visa through a representative, a copy of the representative’s ID or passport and the power of attorney or document certifying representation must be submitted. The originals must be presented when submitting the application.
7. Payment of the visa fee.8. Health insurance. Original and a copy of the public or private health insurance certificate taken out with an insurance company authorized to operate in Spain (the insurance company must be registered on the list of insurance and reinsurance companies of the General Directorate of Insurance and Pension Funds of the Ministry of Industry, Trade and Tourism).
It is not necessary to present health insurance if coverage by the Spanish public Social Security system is proven. If an international Social Security agreement applies that allows teleworkers insured in another country to carry out their activity in Spain, instead of health insurance, a certificate of entitlement to coverage issued by the competent institution of the state in whose Social Security system they are insured must be presented.
Specific documents for international teleworkers.
Original and a copy of the following documents:
1. Company certificate reflecting:
a) Employee: the employee’s seniority in the company (must not be less than three months) and the company’s express authorization for the employee to work remotely.
b) Self-employed worker: the length of the contractual relationship (must not be less than three months) and the terms and conditions under which the professional activity will be carried out remotely.
2. Certificate from the Commercial Registry (or equivalent body in the country) reflecting the company’s incorporation date (must not be less than one year) and the type of activity it carries out.
3. Declaration of responsibility (from the company or the self-employed worker) stating the commitment to comply with social security obligations prior to starting work or professional activity.
4. For employees: proof of application for company registration with Spanish Social Security and proof of the employee’s Social Security affiliation.
5. For self-employed workers (freelancers): proof of affiliation to the RETA (self-employed workers’ scheme).
6. The requirement to register with Social Security may be replaced by importing the right from the country of origin when there is an international Social Security agreement with Spain. In this case, the Social Security of the country of origin must issue a certificate of applicable legislation for teleworkers, based on said agreement, providing temporary coverage in Spain. This circumstance must be included in the declaration of compliance.
Important: Only some countries issue the aforementioned coverage certificate for teleworkers. It is recommended to consult the international Social Security conventions and the templates for certificate of legislation for bilateral agreements.
7. Documentation proving financial resources
a) Teleworker: amount that represents 200% of the interprofessional minimum wage (SMI) on a monthly basis.
b) Family members of the teleworker: at least 75% of the SMI for the first person reunited and at least 25% of the SMI for each additional member.
Any means of proof may be used to prove the indicated amounts (employment contract, firm job offer, or, in the case of professional activity, a commercial contract corresponding to the work or professional activity to be performed, or others). The ownership, legality, and availability of the funds used as evidence must be proven.
8. Documentation proving qualifications or professional experience: Original and a copy of a graduate or postgraduate diploma from a prestigious university, vocational training center, or a prestigious business school. Alternatively, documents proving a minimum of three years of professional experience in duties similar to the position to be performed as an international teleworker. The experience must be comparable to the required qualifications and relevant to the authorized remote employment or professional relationship.
To practice a regulated profession, you must prove that you have the necessary qualifications approved for its practice.
If there are doubts about the equivalence of a vocational training qualification in the Spanish education system, accreditation of the qualification’s validation by the competent educational authority may be required.
A visa for teleworking cannot be granted if the conditions of the application coincide with those of an intra-company transfer visa.
Specific for the family members of international teleworkers.
1. Documents proving the relationship with the teleworker: birth or marriage certificates issued by the civil registry, certificate of registration as a common-law couple, or any other document proving the relationship as an unregistered couple.
2. In the case of adult children, documents proving the child’s financial dependency and marital status.
3. In the case of ascendants, documents proving that they are dependent on the worker.
Procedure
This Consular Office is responsible for accepting visa applications from persons residing within the consular district.
· Legal Entity: The visa application must be submitted in person by the applicant, or by one of their parents if the applicant is a minor. It may also be submitted through a duly accredited representative.
· Correction of the application: The Consular Office may ask the applicant to submit any missing documents or provide
additional documents or information necessary to resolve the application. The Consular Office may also call the applicant for
a personal interview.
· Decision Timeframe: The legal deadline for making a decision is 10 days from the day following the date of submission of the application, but this period may be extended if additional documents or an interview are requested.
· Visa Withdrawal: The visa must be collected in person by the applicant or their representative, without an appointment, within a maximum period of one month, counting from the day following the date on which the favorable resolution is notified.
· Visa Denial: If applicable, visa denial will always be notified in writing, stating the reasons for the decision.
· Appeals: In the event of a visa denial, the applicant may file an appeal for reconsideration with this Consular Office within one month from the day following the date on which they receive notification of the denial. They may also file an administrative appeal with the High Court of Justice of Madrid within two months from the day following the date on which they receive notification of the visa denial or the dismissal of the appeal for reconsideration.
· Visa validity: The visa is valid for one year or the same validity as the residence permit granted, provided that it is less than one year.
The visa certifies residence in Spain for the duration of its validity; it is not necessary to obtain a Foreigner’s Identity Card. However, this card can be requested from the Immigration Office or the corresponding Police Station.