Requirement Overview
For applicants under the digital_nomad_company_owner profile, you must demonstrate that you are working remotely for a non-Spanish entity that you own or have a formal relationship with. Under Ley 28/2022 (Startup Law), this pathway allows non-EU residents to reside in Spain while performing professional activities for companies located outside of Spanish territory.
Legal Context
Eligibility is defined by the Spanish Ministry of Foreign Affairs (Ministerio de Asuntos Exteriores) based on Ley 28/2022. The law requires that self-employed nomads or those working through their own entities prove a continuous professional relationship with their foreign clients or company for at least three months prior to the application.
Necessary Evidence & Documents
To satisfy this requirement, you must provide:
- Proof of Business Continuity: Documentation showing the company has been active for at least one year.
- Contractual Relationship: Evidence of a professional relationship with the company/clients for at least 3 months.
- Professional Qualifications: A university or business school degree, or alternatively, proof of at least 3 years of professional experience in your field.
- Income Verification: Proof of income reaching at least 200% of the SMI (Minimum Interprofessional Wage).
Apostille and Translation
All foreign public documents must be legally valid in Spain:
- Apostille: Required for official documents (like criminal record checks or corporate registry excerpts) from countries party to the Hague Convention.
- Sworn Translation: Documents not in Spanish must be translated by a translator registered with the Spanish Ministry of Foreign Affairs.
Common Pitfalls
- Spanish Clients: Ensure that no more than 20% of your professional income comes from Spanish companies, as the visa is intended for work primarily for non-Spanish entities.
- Social Security: Once in Spain, you must register as an autónomo (self-employed) via Modelo 036/037. Failure to register within the legal timeframe can affect your residency status.
- Tax Residents: Remember that spending more than 183 days in Spain makes you a tax resident, meaning you are taxed on worldwide income via IRPF, regardless of where your company is registered.