Requirement Overview
As a digital nomad applying as a company owner, you must prove that the non-Spanish entity you work for (even if you own it) is legally established and has been operational for a specific period. This is a core requirement under Spain's Startup Law (Ley 28/2022) to verify the legitimacy of your income source.
Why it is needed
According to Ley 28/2022 (the Startup Law) and the official overview from the Ministerio de Asuntos Exteriores, applicants must demonstrate a real and continuous professional relationship with a non-Spanish company for at least three months prior to the application. The Certificate of Incorporation serves as proof that the company officially existed during that timeframe.
Supporting Documents
To satisfy this requirement, you must provide:
- Official Certificate of Incorporation: Issued by the relevant commercial registry in your company's home country.
- Proof of Seniority: The document must show the company has been active for at least one year (to satisfy the requirement that the company has a real activity).
- Articles of Association: Often requested to confirm your ownership stake or role within the entity.
Legalization and Translation
- Apostille: Since this is a foreign public document, it must be legalized with an Apostille (Hague Convention) to be recognized by Spanish authorities.
- Sworn Translation: Documents must be translated into Spanish by a translator certified by the Spanish Ministry of Foreign Affairs (Traductor Jurado).
Common Pitfalls
- Recent Incorporation: If the company was created less than one year ago, the application may be rejected as the law requires the company to have a specific level of maturity.
- Expired Documents: Ensure the certificate is recent (usually issued within the last 90 days).
- Non-Spanish Activities: The company must be located outside of Spain. If the company is Spanish, different visa categories apply.