What is this requirement?
Applicants applying for the Residence Authorization for Teleworking (Digital Nomad Visa) from within Spain (UGE route) must prove they are legally present in the national territory at the time of submission. This applies to freelancers and remote workers who entered Spain as tourists or under another valid status.
Legal Basis
This residency is governed by the Ley 28/2022 (Startup Law). To process the authorization from within Spain, the applicant must not be in an irregular administrative situation.
Documents that Satisfy the Requirement
- Passport Stamps: A clear copy of the entry stamp into the Schengen Area (if Spain was the first point of entry).
- Declaration of Entry: If you entered Spain from another Schengen country without a border check, you must obtain a Declaración de Entrada at a police station or airport within 72 hours of arrival.
- Schengen Visa: If applicable, a copy of the valid visa used to enter the territory.
- Flight/Travel Tickets: Supporting evidence of the date you entered Spain.
Apostille and Translation
- Apostille: Not required for travel documents like passports or entry declarations.
- Translation: Not required for passports or standard entry stamps, as these are considered internationally recognized formats.
Common Pitfalls
- Overstaying: Submitting the application after your 90-day tourist stay (or visa validity) has already expired. You must be in a legal status during the entire processing period.
- Missing Entry Proof: Entering Spain via another Schengen country (e.g., landing in France and driving to Spain) without obtaining a Declaración de Entrada at the Spanish border or police office.
- Nie Requirement: Remember that while this proves legal stay, you will eventually need a NIE (Número de Identidad de Extranjero) for economic activities as per Policía Nacional guidelines.