Categorías: Blog

The rise of digital nomad visas in Malaga

The original conditions of the city of Malaga and its coast (climate, geographical location, gastronomy, etc.), as well as the exponential growth that the province is having due to the establishment of many young technological companies, our culture, the tourism and the real estate business, means that the city and surrounding areas are in continuous development, becoming a fashionable city in Spain and abroad.

The attraction of this area makes many foreigners to consider the possibility of living in Spain while  teleworking for a company in their country and from these values came the new digital nomad visa legislation.

Who can apply for the digital nomad visa or teleworking visa?

All foreigners who work online for a company located outside of Spain can apply for it. It is an essential requirement that the professional activity must be carried out using a computer and telematic systems.

What studies must have the applicants if considering apply for a residence visa for teleworking ?

All those who apply for a nomadic visa must have a graduate or postgraduate degree issued by prestigious universities, professional training centers or business schools of recognized prestige or be able to demonstrate professional experience for more than 3 years.

Can the applicant’s family members obtain the visa?

Yes, family members of the holder applicant for the nomadic visa can also obtain a visa.

Family members are understood to be the spouse or common-law partner, minors and adults if they financially depend on the visa holder, and descendants who are also dependent on the visa holder.

What rights does the digital nomad visa grant?

This visa grants the beneficts to work and reside in the Spanish territory throughout its validity.

Where does the telematic work visa have effects?

Although a large number of applications are being received to live in the province of Malaga, these types of visas are to reside anywhere in the Spanish territory.

What is the resolution period for the nomadic or teleworking visa?

The stipulated legal period is 10 working days, however, this period could be extended in the event that more documentation is requested or if they call  the applicant to go into the correspondent  office for a personal interview.

How long does the digital nomad visa last?

The residence visa for teleworking lasts for one year and it is not necessary to obtain a foreign identity card. However, all those who apply must first obtain their foreign identification number (NIE). This process will be quicker if applying for a NIE for the porpuses of this type of visa.

The nomadic visa carries with it the possibility of renewal, 60 days before its expiration, as long as the same requirements that generated the right are maintained. In that case you can apply for residency for international teleworkers.

What documentation must the employee provide about the foreign company?

The applicant for this type of visa must present a series of documentation about the company that has hired them to carry out teleworking. The documents required are as follows:

  1. Company Certificate stating the seniority of the worker and its authorization so the worker can work online. This seniority must be more than 3 months old.
  2. Equivalent Companies House Certificate in the country of origin showing the start date of the company, which must not be less than 3 months.
  3. Certificate from the employing company containing a declaration of commitment to pay social security obligations.
  4. Proof of registration in the company’s Social Security and proof of the worker’s affiliation to Social Security.
  5. Proof that you have monthly financial resources counting with the double of the minimum interprofessional salary.
  6. Official documentation regarding the qualification or professional experience.

All documentation provided must be translated into Spanish and with the Hague apostille.

What other documentation must the applicant present?

  1. Criminal record. Must have clean criminal record for the last 5 years.
  2. University degrees, courses and postgraduate degrees.
  3. Certificate of private health insurance that covers you throughout your stay in Spain and arranged by an authorized entity.
  4. Proof of paymentof the fees.
  5. Copy of valid passport. You can enter Spain as a tourist and apply for your nomad visa from here. But what you cannot do is be in Spain illegally and apply for it, it is a requirement that the applicant must be in a legal situation at the time of the application. You should not be prohibited from entering Spain.
Macarena Ruiz

Macarena has studied “ Derecho´´ (Legal Degree) and a Master for “Finanzas´´ (Finances) by the Complutense University of Madrid, as well as a “Máster en Asesoría Jurídica de Empresas´´ (Master in Legal Corporate Advice) by Garrigues (Multinational Company of Legal Services). She started her career working for the ACS group at their offices in New York (USA) in their accountancy department, she came back to Spain to work for the legal contracting department for Mahou – San Miguel and she became part of our team at Ruiz Ballesteros Lawyers and Tax Advisors in 2013. She is an expert in Commercial Contracting and Property Investments, and is part of our Corporate-Commercial Department, speaks English and counts with a wide experience in legal defense.

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