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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Transforming Labor Migration: Spain’s Adoption of EU Directive (EU) 2021/1883 for Highly Qualified Persons

In a significant move towards a more agile and inclusive labor migration system, the Official State Gazette (BOE) unveiled a historic development on May 8, 2023. Spain took a decisive step by transposing Directive (EU) 2021/1883 into its national legislation. This directive, which was passed by the European Parliament and the Council on October 20, 2021, focuses on the entry and residence conditions for third-country nationals engaged in highly qualified employment. It also marks the repeal of Council Directive 2009/50/EC, underscoring November 18, 2023, as the deadline for the directive’s full integration.

The COVID-19 pandemic, with its unforeseen challenges and global implications, has put a spotlight on the pivotal role of migrants in times of border closures. Furthermore, it ushered in the digital and ecological transitions, ushering profound changes in labor markets. These shifts affect the labor force, its skills, competencies, and the knowledge required to fill emerging job roles, and they necessitate adaptations and transformations, creating demand for specialized occupations.

The pandemic highlighted the critical importance of establishing a safe and efficient labor migration system. The system needs to be free from bottlenecks and cumbersome bureaucratic procedures, as it is vital to meet the present and future demands of both Spanish and European labor markets.

A retrospective look during the pandemic reveals that the Directive 2009/50/EC, now obsolete, had limited effectiveness in attracting talent to the European Union. It suffered from unequal transpositions across different EU countries, excessively rigid criteria in some instances, and a lack of updated and comprehensive information about the EU Blue Card for potential highly qualified candidates and employers.

Among the transformative aspects of Directive (EU) 2021/1883 are the broadening of admission criteria for EU Blue Card holders, easing mobility and family reunification within the European Union, streamlining procedures for recognized employers, granting increased access to the labor market, and extending its applicability to non-EU family members of EU citizens and beneficiaries of international protection.

Within the national context, the transposition has introduced notable advances, including:

  1. Inclusive Criteria: The extension of EU Blue Card eligibility to graduates of higher vocational training, moving beyond its previous exclusivity to university degree holders.
  2. Simplified Requirements: The elimination of size and turnover requirements for employers, thereby broadening the scope to include small and medium-sized enterprises.
  3. Extended Residency: The duration of residence authorizations regulated by law has been extended to three years, with the possibility of renewal for an additional two years.

This forward-thinking legislation is poised to redefine labor migration in Spain, fostering an environment that attracts and retains highly qualified individuals while promoting economic growth and social cohesion. The transposition of Directive (EU) 2021/1883 underscores Spain’s commitment to enhancing its labor market and responding to the evolving global landscape.

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MEXICO: REFORM TO THE FEDERAL LABOR LAW REGARDING VACATIONS

On January 1, 2023 in Mexico, the reform of Articles 76 and 78 of the Federal Labor Law, published in the Official Gazette of the Federation on December 27, 2022, called “Dignified Vacations” in the draft reform initiative, has entered into force.

  • The reform of Article 76 implies a significant increase in the number of vacation days to which employees are entitled, which in the first year of the contract increases from 6 to 12 days. The vacation period will increase by two days every year until it reaches twenty, and from the sixth year onwards, it will increase by two days every five years.

 

  • Article 78 establishes that the employee must enjoy at least twelve continuous vacation days, however, if he/she wishes, he/she may distribute his/her vacation days as he/she deems necessary.

This reform is applicable on the effective date to all employment contracts in force at that date, provided that it is more favorable to the employees.

Companies must establish a clear procedure for the request and authorization of vacations and the way in which vacations will be accrued for the time worked in 2022, in addition to considering the economic implications of the reform.

 

If you need more information on the Reform of Articles 76 and 78 of the Federal Labor Law in Mexico, please do not hesitate to contact us, our experts in the field will inform and advise you on the new reforms.