What this requirement is
As part of the Digital Nomad Visa application under the Ley 28/2022 (Startup Law), applicants who own their company or work as freelancers must prove that the foreign entity they represent or work for is real and established.
Why it is needed
According to Source #1, the applicant must demonstrate a relationship of at least 3 months with the foreign employer or clients. The Articles of Incorporation (or equivalent) serve as the legal proof of the company's existence and its date of formation, ensuring the business predates the 3-month continuous relationship requirement.
Documents that satisfy the requirement
- Articles of Incorporation / Certificate of Incorporation: The official legal document filed with the government or commercial registry when the company was formed.
- Certificate of Good Standing: Often requested to show the company is still active.
- Commercial Registry Extract: A recent document showing the company's registration details and current status.
Apostille and Translation
Since these are foreign public documents provided to Spanish authorities (UGE/Consulate):
- Apostille: Most documents must be legalized with a Hague Apostille.
- Sworn Translation: A translation into Spanish by a translator certified by the Spanish Ministry of Foreign Affairs (MAEC) is mandatory for official recognition.
Common Pitfalls
- Company Age: The company must be older than 3 months. If the company is recently formed, you may fail the "3-month relationship" test.
- Expired Extracts: Commercial registry extracts typically need to be issued within 90 days of the application.
- Incorrect Scope: Ensure the documents clearly list the business activity to verify it relates to your remote work profile.