Nature of the Requirement
Under the Ley 28/2022 (Startup Law), freelancers applying as digital nomads must demonstrate that their professional activity is conducted primarily for clients located outside of Spanish territory. This establishes that your source of income is international and that you are not competing directly with the local Spanish labor market for your primary revenue.
Duration and Seniority
According to the official requirements from the Ministerio de Asuntos Exteriores, you must prove:
- A professional relationship with the foreign client(s) lasting at least 3 months prior to the application.
- Documentation showing that the company or client has been in existence for at least one year.
Evidence and Documents
To satisfy this requirement, you typically need to provide:
- Service Contracts: Signed agreements detailing the terms of your professional relationship, the remote nature of the work, and the client's location.
- Certificate of Business Activity: A letter from the client company confirming the start date of the contract and that the work can be performed from Spain.
- Invoices: Proof of billing for at least the last 3 months.
Apostille and Translation
Official documents issued by foreign authorities or companies must generally be apostilled (if from a Hague Convention country) and accompanied by a sworn translation into Spanish. Contracts and private letters usually require a sworn translation to be considered valid by Spanish authorities.
Common Pitfalls
- Spanish Clients: While you can have Spanish clients, they cannot represent the majority of your income. The primary activity must remain with those abroad.
- Insufficient Seniority: Applying before the 3-month relationship threshold is met.
- Incomplete Documentation: Failing to provide proof that the foreign client company is legally incorporated and active.