Requirement Overview
If you are a freelancer or remote worker applying for the Spanish Digital Nomad Visa (Ley 28/2022) but are not submitting the documents yourself, you must provide a Power of Attorney (POA) or a formal representation authorization. This document legally permits a third party—such as a lawyer or specialized agent—to act on your behalf before the Spanish administration.
Why it is Needed
Under the Ley 28/2022 (Startup Law) framework, applications to the UGE-CE (Large Business and Strategic Groups Unit) or Spanish Consulates require a clear legal link between the applicant and the representative. This ensures that the professional assisting you has the authority to sign forms, receive notifications, and manage your file within the Spanish administrative system.
Satisfactory Documents
- Public Deed (Escritura): A formal Power of Attorney drafted by a Notary Public authorizing the representative to handle immigration and residency matters.
- Standard Authorization Forms: Some consulates or the UGE-CE may accept a signed specific authorization form (Modelo de Autorización) if accompanied by a copy of the applicant’s passport.
- Digital Representation: If your representative is a registered professional in Spain, they may use a digital certificate to act on your behalf through the electronic headquarters.
Apostille and Translation Requirements
- Apostille: If the Power of Attorney is signed outside of Spain before a foreign notary, it must be legalized with the Hague Apostille (or through the relevant legalization chain for non-Hague countries).
- Translation: The document must be translated into Spanish. This must be a sworn translation (Traductor Jurado) to be accepted by the Spanish authorities.
Common Pitfalls
- Scope of Authority: Ensure the POA specifically mentions the power to apply for residence permits or specifically the Digital Nomad Visa. Vague wording can lead to rejection.
- Expired Documents: Ensure the POA is current and has not been revoked.
- Missing NIE: While not always required at the moment of authorization, having your NIE (Foreigner Identification Number) as per Policía Nacional guidelines mentioned in the POA helps streamline the process.