Requirement Overview
As a digital nomad employee, you must demonstrate that the foreign company you work for is a real, active entity that has existed for at least one year prior to your application.
Why it is Needed
This requirement stems from Ley 28/2022 (the "Startup Law"), as outlined by the Ministerio de Asuntos Exteriores. The law ensures that applicants are employed by established businesses rather than shell companies created solely for the purpose of obtaining a visa.
Supporting Evidence
To satisfy this requirement, you typically need to provide:
- Certificate of Incorporation or Business Registration documents showing the date of establishment.
- Certificate from the Commercial Registry (or equivalent foreign body) confirming the company's current active status.
- In some cases, tax documents or social security filings from the company's home country that prove continuous activity.
Translation and Apostille
- Apostille: Since these are official foreign public documents, they must usually be legalized or carry the Hague Apostille to be recognized by Spanish authorities.
- Sworn Translation: Any document not in Spanish must be translated by a certified Spanish sworn translator (traductor jurado).
Common Pitfalls
- Insufficient Seniority: Submitting documents for a company that was registered less than 12 months before the application date.
- Expired Certificates: Using registry excerpts that are older than 90 days.
- Lack of Apostille: Providing a standard business license without the necessary international legalization.