What is this Requirement?
Under the framework of the Spanish Digital Nomad Visa (DNV), applicants must prove they are not residing illegally within Spanish territory at the time of submission. This applies to those applying for the residence permit directly from within Spain.
Legal Foundation
This requirement is governed by Ley 28/2022 (the Startup Law), which regulates the entry and residency of remote workers and digital nomads. To benefit from this law, the applicant must maintain a valid legal status (such as a valid tourist stay or another residence permit) throughout the application processing period.
Required Evidence
To satisfy this requirement, the following documentation is typically used:
- Passport Stamps: A clear copy of all passport pages, specifically showing the entry stamp into the Schengen Area or Spain.
- Declaration of Entry: If you entered Spain via a country within the Schengen zone that did not stamp your passport, a formal "Declaración de Entrada" from a National Police station (Policía Nacional) is required.
- Current Permit: If you are transitioning from another legal residence permit, a copy of your current TIE (Tarjeta de Identidad de Extranjero) or valid visa is necessary.
Apostille and Translation
- Original Passport: Does not require an apostille.
- Official Documents: Since the evidence of legal entry (stamps/declarations) is generated by Spanish or EU authorities, sworn translations or apostilles are generally not required for this specific checklist item. However, any foreign support documents related to identity must be officially handled.
Common Pitfalls
- Overstaying: Applying after your 90-day Schengen tourist stay has expired without having initiated the application process.
- Lack of Entry Proof: Entering Spain via another EU country (e.g., flying into France and driving to Spain) without obtaining a Declaration of Entry or keeping boarding passes to prove the date of arrival in Spain.