UNCERTAINLY LOOMS OVER THE FUTURE OF GOLDEN VISA IN SPAIN

The Spanish government has announced plans to take action to eliminate the granting of the so-called “Golden Visa.”

The government argues that this policy has fueled speculation and contributed to the rising cost of housing in certain areas of the country. As a result, these measures will affect investments involving the purchase of real estate properties with a minimum value of 500,000 euros.

Currently, the implementation date of these measures is unknown, as it will require modifications to Law 14/2013, of September 27, which supports entrepreneurs and their internationalization, the legislation that regulates the Golden Visa for the acquisition of real estate.

Although the implementation date of these modifications has not been detailed yet, one of the most relevant questions is what will happen with the renewal of visas that have already been issued. There are several alternative routes to obtain this investment visa, which (for now) will remain in force. These include:

• Investment of 2,000,000 euros in Spanish public debt securities.

• Investment of 1,000,000 euros in shares or equity of Spanish capital companies.

• Investment of 1,000,000 euros in investment funds.

• Investment of 1,000,000 euros in bank deposits in Spanish financial institutions.

• Participation in a business project to be carried out in Spain that is considered to be of general interest.

For all foreigners considering the possibility of obtaining this visa for the acquisition of real estate to settle in Spain, please contact us for advice.

To learn more about the requirements and benefits of the Investment Visa, do not hesitate to contact our office.

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Digital Nomad Visa: Your Guide to Remote Work in Spain

What is the Digital Nomad Visa?

Due to the changes society has faced and the development of new technologies, companies have been evolving in a digital realm that allows them to attract talent regardless of borders.

The Digital Nomad Visa is a type of visa or temporary residence permit that some countries have implemented to allow remote workers or digital nomads to live and work in their territory for a specified period, usually temporarily.

Who can apply for it?

The visa for international teleworkers, also known as the visa for digital nomads, is limited to teleworkers who are not part of the European Union. Therefore, within the general conditions, we need to consider:

  • The applicant for the digital nomad visa must be a teleworker from a third country (not belonging to the European Union).
  • The company with which the worker has a labor relationship must be located outside Spanish territory.

What Type of Worker Can Apply for This Visa?

Both dependent and independent workers who meet the criteria specified in the relevant regulations can apply for this visa:

  • They must be graduates or postgraduates from a reputable university or business school.
  • They should have the necessary and minimum experience of 3 years in the relevant field.
  • We can also differentiate between employees and self-employed workers:
    • Those working under a labor contract, with a minimum of 1 year of seniority with a company or group of companies. In this case, the company must have a demonstrable and continuous activity for at least one year.
    • Those working as self-employed professionals, with a minimum of 12 months of seniority.

Can I Work in Spain with This Visa?

You can work in Spanish territory depending on the employment status of the worker, as follows:

  • If you are an employee: You cannot work for a company domiciled in Spanish territory.
  • If you are self-employed: You can work for a Spanish company when the work you do is equal to or less than 20% of your total professional activity.

Can I Apply for the Digital Nomad Visa while in Spain?

Yes, you can apply for the visa from both within and outside Spain. Depending on the labor or commercial regime in which the worker falls, they may or may not work for a company established in Spanish territory.

 

While the requirements are specific in both the law and subsequent instructions that have been issued, it’s important to begin the process with experts who can review all the documentation in detail.

Are you a self-employed or employed worker who wants to experience remote work in Spain? At Expat Feliu, we provide comprehensive assistance to help you meet all the legal requirements. Contact us.

You can reach us by email at info@expatfeliu.com, or you can call us at +34 938 75 46 60.

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Webinar on Immigration and Expatriate Compliance

Join our online webinar on foreigners and expatriation!

The presentation will be given by Montserrat Feliu, expert in international mobility and director of Expatfeliu.

In this session we will focus on analysing the key aspects for the movement of workers and for the recruitment of international talent. At the same time, we will analyse the new developments in foreigners and also the importance that expatriates comply with all their tax and labour obligations in the countries of origin and destination.

The webinar will be held on 20 June from 10 to 11:30h.

Participate in the webinar by signing up at the following link: https://www.amec.es/es/pag582/formulario-talento-internacional.htm

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IMMIGRATION NEWS OF LAW 28/2022, STARTUPS LAW

Regarding foreign talent, the new law incorporates a set of immigration measures to facilitate entry and residence not only for highly qualified professionals but also for entrepreneurship and investment.

Law 14/2013, of September 27, 2013, to support entrepreneurs and their internationalization, is modified as follows:

1. The visa referred to the teleworkers of international character is incorporated.

2. Regarding the general requirements for the stay or residence, it is indicated that a certificate of criminal record in Spain and in the countries where he/she has resided during the last two years, for crimes provided for in the Spanish legal system, must be provided. Additionally, a responsible declaration of the non-existence of criminal records for the last five years must be submitted.

3.The chapter relating to entrepreneurs and business activity is modified, and it is indicated that foreigners who request to enter Spain or who, being holders of a residence or stay authorization or visa, intend to initiate, develop or direct an economic activity as an entrepreneur, may be provided with a residence authorization for business activity, which will be valid throughout the national territory and will be valid for three years. Once this period has expired, they may request the renewal of the residence authorization for two years, and may obtain permanent residence after five years. The application will be made by the interested party or through its legal representative and electronically to the Unit of Large Companies and Strategic Groups. In the event that the foreigner is outside Spain, the application for authorization and visa will be made simultaneously through a single request that will initiate the processing of authorization and visa consecutively.

4. The initial authorization of residence for investors is modified, which will have a duration of three years.

5. Likewise, the residence authorization for highly qualified professionals will be for three years or equal to the duration of the contract, in case it is shorter. Once this period has expired, the renewal of the residence authorization may be requested for two years, and permanent residence may be obtained after five years. Likewise, the period of validity of the national residence authorization for intra-company transfer will be three years or equal to the duration of the transfer.

6. In addition, the period of validity of the residence authorization for research shall be three years or equal to the duration of the hosting agreement or contract, if shorter. Once this period has expired, he/she may request the renewal of the residence authorization for two years, being able to obtain permanent residence after five years.

7. A new section is introduced, regarding the authorization procedure, where it is indicated that the passport will be a sufficient supporting document to register with the Social Security during the first six months of residence or stay in the categories regulated by this section and in those cases in which the foreigner is not in possession of a foreigner identification number (NIE), without prejudice to the subsequent application for the NIE.
8. The section relating to the visa for studies, job search and internships is modified and it is worded as follows: “Once the studies have been completed in an institution of higher education, foreigners who have reached at least Level 6 according to the European Qualifications Framework, corresponding to the degree accreditation may remain in Spain for a maximum non-extendable period of twenty-four months in order to look for a suitable job in relation to the level of the studies completed or to undertake a business project.

9. The period of validity of the residence authorization for internships is also modified, which will be of twelve months or equal to the duration of the internship agreement, if shorter. This authorization may be renewed only once, and the total period of the initial authorization and its extension may not exceed two years. In the case of an internship contract, the duration will be the duration foreseen in the contract and governed by the labor legislation applicable at any given time.

 

If you need more information about the novelties of the immigration law 28/2022, do not hesitate to contact us. Our experts will advise you and inform you about the novelties.

VISA AND RESIDENCE PERMIT FOR INTERNATIONAL REMOTE WORKERS

On December 22nd, 2022, the Law 28/2022, of December 21st, for the promotion of the ecosystem of emerging companies, known as the Startup Law, has been published in the BOE.

The purpose of the regulation is to establish a specific regulatory framework to support the creation and growth of emerging companies in Spain, aimed at promoting their relocation to Spain, attracting talent and international capital, as well as stimulating public and private investment in them, among other objectives.

On many occasions, workers in start-up companies can carry out their work remotely, as long as they have a computer and internet connection. Among other novelties, to regulate the residence of this profile of itinerant professionals and of many others who may choose Spain as a more stable place of remote working, a new category of visa and residence permit has been created.

The international telecommuting visa allows you to enter and reside in Spain for a maximum of one year – unless the work period is shorter – while its holders work for themselves or for employers anywhere in the world. The international telecommuting visa is a sufficient title to reside and work remotely in Spain during its validity. Within sixty calendar days before the expiration of the visa, international teleworkers who are interested in continuing to reside in Spain may request residence permit for international teleworking, as long as the conditions that generated the validity of the visa are maintained.

In addition, the residence permit for international remote working allows foreigners who are already regularly in Spain to request an authorization for a maximum period of three years -unless it is requested for a shorter period of work-, renewable for a period of two years -when the conditions that generated the validity of the permit are maintained-, being able to obtain permanent residence after five years.

The national of a third State is authorized to remain in Spain to carry out a work or professional activity remotely for companies located outside the national territory, through the exclusive use of means and computer systems, telematics and telecommunications;

  • In the case of carrying out a work activity, the holder of the permit for international teleworking may only work for companies located outside the national territory.
  • In the case of exercising a professional activity, the holder of the permit for international teleworking will be allowed to work for a company located in Spain, as long as the percentage of that work does not exceed 20% of the total of their professional activity.
  • Qualified professionals who can prove that they are graduates or postgraduates from prestigious universities, professional training centers and business schools of recognized prestige or with a minimum of three years of professional experience may apply for a visa or residence permit for telecommuting.

 

This assumption of “international teleworkers” is added to those provided for in Law 14/2013, of September 27th, on support for entrepreneurs and their internationalization, to benefit from all the advantages granted by that Law, not only in terms of the tight processing times, with positive silence at the end, but also because of the possibility of family reunification from an initial moment.

 

Finally, it should be noted that, with the aim of attracting and retaining talent, the validity of residence permits is extended from two to three years as provided for in the Law 14/2013, of September 27th, supporting entrepreneurs and their internationalization.

RIGHT TO SPANISH NATIONALITY IN THE LAW OF DEMOCRATIC MEMORY (EIGHTH ADDITIONAL PROVISION)

Law 20/2022, of October 19, 2002, on Democratic Memory has been published in the Official State Gazette. The Law enters into force the day after its publication.

The Eighth Additional Provision of the Law of Democratic Memory, on the acquisition of Spanish nationality, offers the possibility of applying for nationality to:

  • Those born outside Spain of father or mother, grandfather or grandmother, who had originally been Spanish, and who, as a consequence of having suffered exile for political, ideological or belief reasons or sexual orientation and identity, had lost or renounced Spanish nationality.

 

  • The sons and daughters born abroad of Spanish women who lost their nationality by marrying foreigners before the entry into force of the Constitution of 1978.

 

  • The sons and daughters of legal age of those Spaniards to whom their nationality of origin was recognized by virtue of the right of option in accordance with the provisions of the present law.

 

It should be noted that the new Law does not have an age limit for applicants. Only that applicants for Spanish nationality will have two years to complete the process, starting on October 20, 2022, with the possibility of extending one more year.

 

How can we help you?

If you are interested in applying for Spanish nationality, do not hesitate to contact us. Our team will inform you and will apply for the procedures to obtain the Spanish nationality.

END OF THE COVID PASSPORT AND THE FORM TO SPAIN

The Ministry of Health has eliminated the obligation to present the COVID passport and the traveler’s form to passengers entering Spain by plane or ship.

The elimination comes into force today, Tuesday, September 20, from 00:00. The resolution, published on Monday, September 19, modifies the resolution of April 1 on the sanitary controls to be carried out at the entry points of Spain.

 

Why has it been modified?

The Ministry has considered it appropriate to apply the modification in order to favor the normality of international mobility with the least impact on public health, since the General Directorate of Public Health considered it convenient to modify some aspects of the previous resolution.

 

Spain Travel Health unnecessary

The application required passengers to complete before departure, as a responsible declaration, the health control form through the App or the web.

After validating the document, the App generated an individual Qr for each traveler that had to be presented to the transport company.

Section 9 of the resolution, where cruise-type passenger ships making international voyages and sailing through territorial sea waters will not have to comply with the conditions previously applied, is also left without effect.

 

If you have any doubts about this, you can contact us and our team specialized in internationalization will advise you and give you more information about the entry restrictions to the Spanish state.