Overview of the Requirement
As a digital nomad freelancer, you must demonstrate that the non-Spanish company or client with whom you have a professional relationship has been conducting real and continuous business activity for at least one year prior to your application.
Why it is Needed
This requirement stems from Ley 28/2022 (the Startup Law), cited by the Ministry of Foreign Affairs (MAEC). The law ensures that the legal entity or client sponsoring the remote work arrangement is established and stable, preventing the use of "shell" companies created solely for visa purposes.
Evidence and Documentation
To satisfy this requirement, you typically need to provide documents that verify the existence and activity of the foreign entity, such as:
- Certificate of Incorporation or registration in the local Chambers of Commerce (Mercantile Registry).
- Certificate of Good Standing or tax certificates showing the company is active.
- Contracts or Invoices proving that business operations have been ongoing for over 12 months.
Apostille and Translation
According to standard Spanish administrative procedures for foreign documents:
- Documents must be apostilled or legalized if they are issued outside the EU.
- A sworn translation into Spanish (Traductor Jurado) is mandatory for any document not originally in Spanish or English (though Spanish is often preferred for all).
Common Pitfalls
- Company age vs. Relationship age: Do not confuse the company's age (1 year+) with your individual relationship with them (which must be at least 3 months per Ley 28/2022).
- Vague Company Info: Providing only a website link is insufficient; formal registry documents are required.
- Dormant Companies: If the company was registered years ago but had no activity until recently, the application may be rejected.