Understanding the Regulated Profession Requirement
Under Spain’s Ley 28/2022 (Startup Law), digital nomad freelancers must prove they possess the necessary qualifications to perform their work. If your specific job is considered a "regulated profession" in Spain (such as certain engineering, legal, or health roles), you must provide additional documentation to ensure you are not practicing illegally in Spanish territory.
Why is this needed?
Following the Ministerio de Asuntos Exteriores guidelines, the visa is granted based on your professional profile. Spain requires proof that you are either qualified to practice a regulated activity or that you explicitly commit to not providing those specific regulated services while residing in Spain.
Required Documents
You must provide one of the following:
- Recognition of Qualification: Official proof that your foreign degree has been recognized/homologated in Spain for that regulated profession.
- Notarised Declaration: A formal statement, signed before a notary, declaring that despite your background in a regulated field, you will not practice that specific regulated profession within Spain for Spanish clients or entities.
Translation and Legalization
- Apostille: Any official foreign certificates or degree recognitions must bear the Hague Apostille.
- Sworn Translation: Documents not in Spanish must be translated by a translator certified by the Spanish Ministry of Foreign Affairs.
Common Pitfalls for Freelancers
- Broad Job Titles: If your contract or university degree mentions a regulated title (e.g., "Civil Engineer") but you are working as a "Project Manager," you still need the notarized declaration to avoid delays.
- Incomplete Evidence: For freelancers, the 3+ years of professional experience or a university degree is a baseline requirement (Source #1); the regulated profession check is a secondary layer of scrutiny.