Eligibility criteria for the Digital Nomad Visa in Spain

Spain has become an increasingly attractive destination for remote workers and digital nomads due to its excellent quality of life, modern infrastructure, and favorable climate. To capitalize on this trend, the Spanish government introduced the Digital Nomad Visa (DNV), designed to enable non-residents to live and work remotely from Spain for an extended period. This visa is especially appealing for freelancers, entrepreneurs, and employees working for foreign companies.

In this article, we will break down the eligibility criteria for this visa, clarifying the legal framework while maintaining a dynamic and accessible tone.

1. Basic eligibility requirements

The Digital Nomad Visa is part of Spain’s broader efforts to attract international talent, particularly in the tech and entrepreneurial sectors. To qualify, applicants must meet specific legal requirements:

  • Non-EU/EEA Nationals: This visa is specifically for people who are not citizens of the European Union (EU) or the(EEA). If European Economic Area. If you are a citizen of an EU or EEA country, you already have the right to live and work in Spain without needing a visa. Therefore, the Digital Nomad Visa is aimed at people from other parts of the world who want to live in Spain but are not from these regions.
  • Remote work for Non-Spanish Companies: One of the key requirements is that you must work remotely for a company or clients that are not based in Spain. This visa is designed for people who have a job or business outside of Spain but want to live in Spain while continuing their remote work. There are two main scenarios here:
    • Employees: If you are employed by a company, that company needs to be based outside of Spain. For example, if you work for a tech company in the US, you could apply for the Digital Nomad Visa, but you couldn’t use this visa if your employer is in Spain.
    • Freelancers/Entrepreneurs: If you are self-employed or run your own business, you can apply as long as your clients or business operations are primarily outside of Spain. The Spanish government doesn’t want remote workers taking jobs away from locals, so it requires that your work is for foreign clients.
  • No recent residency in Spain (last 5 years): This visa is meant for people who are coming to Spain as new digital nomads. If you’ve already been living in Spain in the past five years on a different type of visa (such as a student visa or work permit), you would not be eligible for the Digital Nomad Visa. The idea is to encourage new people to come to Spain rather than offer this visa to people who already have experience living there.

2. Proof of remote work

One of the crucial elements in the application process is demonstrating that the applicant is a remote worker. You need to provide:

  • Employment Contract or Freelance Agreements: Remote employees must show a valid employment contract with a company outside of Spain, while freelancers should submit contracts with foreign clients.
  • Company Registration Documents (For Freelancers/Entrepreneurs): If you are a freelancer or entrepreneur, you may need to provide additional documentation, such as your company’s registration certificate, showing it is based outside of Spain.
  • Proof of Stable Income: Applicants must prove that they can financially support themselves while living in Spain. Generally, this includes a minimum monthly income, which is calculated based on the Spanish Public Multiple Effects Income Indicator (IPREM). In 2024, this threshold was set at approximately €2,400 per month, though this figure can change annually.

3. Health insurance requirements

To qualify for the Digital Nomad Visa, applicants must have valid health insurance that provides full coverage in Spain. This can be either:

  • Private Health Insurance: Many applicants opt for private insurance due to its comprehensive coverage options.
  • Social Security Contributions (Where Applicable): If your employer is making social security contributions in your home country, you may need to provide proof of this. Spain requires documentation proving that you won’t be a financial burden on the Spanish healthcare system.

4. Clean criminal record

Another key requirement is that applicants must have a clean criminal record. You will need to:

  • Obtain a Criminal Background Check: This must be from your home country (and any country you’ve resided in during the past five years) and typically should not be older than three months at the time of application.
  • Declaration of No Criminal History in Spain: You will also need to provide a sworn statement affirming that you have no criminal record in Spain.

5. Duration and renewal

The Digital Nomad Visa is initially valid for one year. However, it is renewable, provided the applicant continues to meet the eligibility criteria. After the first year, the visa can typically be extended for up to five years, at which point the applicant may be eligible for long-term residency.

The legal framework governing the Digital Nomad Visa can be found in the Law on Startups (Ley de Startups) introduced as part of the Ley 14/2013 de apoyo a los emprendedores y su internacionalización. This law was aimed at making Spain a hub for startups and tech talent, creating the visa as one of the incentives to attract foreign professionals.

6. Application process

The application process for the Digital Nomad Visa involves several steps:

  1. Initial application: The application must be submitted to the Spanish Consulate or Embassy in your country of residence. This includes all necessary documentation, such as proof of remote work, income, health insurance, and criminal background checks.
  2. Residence permit: Once you are granted the visa and arrive in Spain, you must apply for a Foreigner’s Identity Card (TIE) within 30 days of your arrival. The TIE will formalize your stay in Spain.
  3. Renewal applications: As the visa nears expiration, you may apply for a renewal by demonstrating that you continue to meet the eligibility requirements (employment status, income, etc.).

7. Family members

Digital nomads may also bring their immediate family members (spouse or partner, and children) to Spain. However, you will need to demonstrate sufficient financial means to support your family while residing in Spain. The income threshold for family units is typically higher than for individuals.

8. Tax considerations

One crucial point to keep in mind is taxation. Spain has a favorable tax regime for foreign workers, known as the Beckham Law (officially, the Special Expatriate Tax Regime under Ley 35/2006 and Royal Decree 687/2005). This law allows new residents to be taxed as non-residents for up to six years.

Under the Beckham Law, digital nomads may benefit from a flat tax rate of 24% on their income (up to €600,000), rather than the higher progressive rates for residents, which can reach up to 47%. Income above this threshold is taxed at a higher rate. This law was initially designed to attract foreign talent, with notable early beneficiaries such as footballer David Beckham, hence its informal name.

Summarizing, the Digital Nomad Visa is a fantastic opportunity for remote workers who wish to live and work in Spain. By meeting the necessary eligibility criteria—such as having a valid employment contract or freelance arrangement, adequate health insurance, a clean criminal record, and sufficient income—you can enjoy the vibrant culture, stunning landscapes, and welcoming atmosphere Spain has to offer. As regulations and requirements can evolve, always check with a legal expert before starting the application process to ensure compliance with the most up-to-date laws.

This visa is not only a gateway to living in one of Europe’s most beautiful countries but also represents Spain’s broader commitment to fostering a competitive and diverse digital economy.