Eligibility — Independent Professional: 3-Month Requirement
What is this requirement?
As a digital nomad freelancer (independent professional), you must demonstrate that your professional relationship with the non-Spanish clients relied upon for your application has existed for at least 3 months prior to your submission.
Why is it needed?
This requirement is part of the regulatory framework established by Ley 28/2022 (Startup Law). The Spanish Ministry of Foreign Affairs (Ministerio de Asuntos Exteriores) uses this rule to ensure that the remote work arrangement is stable and genuine, rather than a temporary setup created solely for immigration purposes.
Required Evidence
To satisfy this requirement, you typically need to provide:
- Service Contracts: Signed agreements with your foreign client(s) showing a start date at least 3 months ago.
- Invoice History: A consistent trail of invoices issued to the same client(s) covering the 3-month period.
- Bank Statements: Proof of payment corresponding to those invoices.
- Certificate of Relationship: A signed letter from the client(s) confirming the duration and nature of the professional bond.
Formalities: Translation and Apostille
- Sworn Translation: Since the application is processed by Spanish authorities, documents not in Spanish usually require a sworn translation (traducción juramentada).
- Apostille: While private contracts do not usually require an apostille, official government-issued certificates (like business registrations or criminal records) must be legalized or apostilled according to international conventions.
Common Pitfalls
- New Clients: Relying on a major contract signed just a few weeks before applying; this will result in a rejection.
- Inconsistent Income: Failing to show that the income from this specific relationship contributes to the required minimum (~200% of the SMI).
- Spanish Clients: Using relationships with Spanish companies to satisfy this requirement; the law requires the employer or clients to be based outside of Spain.
