Requirement Overview
Under Spain's Digital Nomad Visa (Ley 28/2022), employees must prove they have an established professional relationship with a non-Spanish company and that this company explicitly permits remote work from Spanish territory.
Why it is needed
The Law 28/2022 (Startup Law) requires applicants to demonstrate that their work can be carried out exclusively through computer, telemetric, and telecommunication media. The Spanish authorities need to verify that your employment remains valid and compliant while you change your tax and physical residence.
Required Documentation
To satisfy this requirement, you must provide:
- Certificate of Employment: A letter signed by a legal representative of the company confirming your position and a relationship of at least 3 months.
- Explicit Authorization: A statement within the letter or a separate document stating the company allows you to perform your specific duties remotely from Spain.
- Company Profile: Documentation proving the company is located outside of Spain and has been active for at least one year.
Legalizations and Translations
- Apostille: Documents issued by foreign companies (if deemed public or notarized) generally require an Apostille or legalization.
- Translation: Since the application is processed by Spanish authorities, a sworn translation (Traducción Jurada) into Spanish is mandatory for all documents not issued in Spanish.
Common Pitfalls
- Missing Specificity: The letter must explicitly mention "Spain" as the location for remote work.
- Relationship Length: Failing to prove the 3-month prior relationship with the employer.
- Social Security: Note that foreign companies must often authorize the shift in residence to ensure compliance with international social security agreements.