A joint Instruction, addressing the applications for visas and residence authorizations for teleworking of an international nature has recently been published.
The instruction clarifies certain aspects of this novel figure in Spain, such as the international teleworker or digital nomad, regulated in a new chapter V bis of section 2 of title V of Law 14/2013.
Amounts to prove sufficient financial resources
Applicants for visas or international teleworking residence authorizations must prove, in compliance with article 3 f) of Law 14/2013, of September 27, that they have economic resources for themselves and for the members of your family according to the following amounts:
Holders of visas and residence authorizations: amount that represents 200% of the minimum interprofessional salary (SMI) monthly.
Family units that include two people counting the owner person and the regrouped person: at least 75% of the SMI. 25% of the SMI will be required for each additional member to the two people
For the accreditation of the indicated amounts, any means of proof may be used and an individualized analysis will be carried out. In any case, the employment contract, firm offer of employment or, in the case of professional activity, commercial contract, which corresponds to the labor or professional activity that motivates the authorization, may be used. The ownership, legality and availability of the funds used as a means of proof.
Criminal record certificates
Applications for visas and residence authorizations must be accompanied by a criminal record certificate from the country or countries in which you have resided during the last two years. Additionally, a responsible statement of the absence of criminal records of the last 5 years will be presented.
The foregoing will not apply in the event that the applicant is the holder of a residence or stay authorization in Spain for more than 6 months.
Public or private health insurance
Applicants for visas or international teleworking residence authorizations must have public or private health insurance arranged with an insurance company authorized to operate in Spain, which must remain active during the period of validity of the authorization, not considering valid travel insurance.
In the event that the applicant is not covered by an international standard for the coordination of social security systems signed by Spain and therefore is obliged to contribute to the corresponding Social Security scheme, the requirement indicated in the previous section it shall be deemed accredited by providing the commitment to comply with social security obligations in accordance with current regulations referred to in the sixth instruction.
If the applicant is covered by an international standard for the coordination of social security systems and this provides for health coverage for workers insured in a State who carry out their activity in the territory of another State, the requirement indicated in the first section of this instruction must be accredited by means of the certificate of right issued by the competent institution of the State in whose social security system he is insured.
If the applicant is covered by an international standard for the coordination of social security systems but it does not provide for such coverage, the applicant must prove that they have public or private health insurance that provides coverage comparable to that provided by the National System. of health.
In the case of private insurance, the insurance entity must appear as registered in the list of insurance and reinsurance entities of the General Directorate of Insurance and Pension Funds of the Ministry of Industry, Commerce and Tourism:
In the case of public health insurance, it may be accredited in this way for those people who have signed a health care agreement with the Autonomous Community in whose territory they are registered, provided they meet the requirements for that purpose.
Holders of an international residence authorization for teleworkers must comply with Social Security obligations in accordance with current regulations, without there being any specialization in terms of requirements or company registration procedure, high, low and price.
The request must be accompanied by a responsible statement from the company, in the case of employment, or from the worker, in the case of self-employment, stating the commitment to comply, prior to the start of the labor or professional activity, of social security obligations in accordance with current regulations.
In the event that the applicant, displaced to Spain to carry out the activity, maintains inclusion in the Social Security system of the State of origin, with the scope and duration established in the bilateral, multilateral agreement or international instrument of Applicable Social Security signed by Spain, this circumstance will be recorded in the responsible statement referred to in the previous section, and will be accompanied by the certificate of applicable legislation issued by the corresponding social security body.
In the event that an international Social Security instrument signed by Spain does not apply to the applicant, and they are going to perform a job as an employee, the application will be accompanied by the accreditation or justification of registration of the company in the Social Security or, if the foreign person is outside of Spain and requests an international telework residence visa, the accreditation or justification of the application for registration of the company with Social Security.
Accreditation of the degree or professional experience established in article 74 bis of the Law
The accreditation of the status of graduates or postgraduates from universities of recognized prestige, professional training and business schools of recognized prestige referred to in article 74 bis of the law will be made by presenting a copy of the degree or, alternatively, by providing documentation proving a minimum professional experience of three years in functions similar to those of the position to be held as an international teleworker that can be considered comparable to said qualification and that is relevant to the performance of the employment relationship or remote professional who is authorized.
The presentation of original documents may be required to verify the authenticity of the documentation presented in the terms established in article 28 of Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations.
In the case of the exercise of regulated professions, the homologation of the degree must be accredited in accordance with the sectoral regulations regarding the exercise of regulated professions.
In the case of applications from people with qualifications in professional training, if there are doubts about the equivalence with the Spanish educational system, the accreditation of their validation before the competent educational authority may be required.
The granting of a visa or residence authorization for international teleworking will not proceed to applicants whose circumstances are included in the subjective scope of residence authorizations for intra-company transfer, being applicable, in this case, the provisions of articles 73 and 74 of Law 14/2013, of September 27.
Regarding the language of the procedure, the provisions of article 15 of Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations will apply.
The application for a visa or residence authorization must be accompanied by the following documentation:
- Copy of the complete passport or valid travel document (all pages).
- Proof of having paid the corresponding fee.
- Application form signed by the teleworker.
- Accreditation of a minimum employment or professional relationship of three months to the date of the request with the foreign company or companies with which it maintains said relationship.
- Accreditation of a real and continuous activity for at least one year of the company foreign company or group of companies with which the worker maintains a labor relationship or professional.
- In the cases of an employment relationship, letter from the foreign company authorizing the development of remote work from Spain.
- In the cases of a professional relationship, documentation proving the terms and conditions in which you will carry out your professional activity remotely.
- Accreditation of having sufficient economic resources, in the terms established in the third instruction.
- Criminal record certificate and responsible declaration of the absence of criminal records of the last 5 years, in the terms established in the fourth instruction.
- Accreditation of having public or private health insurance, in the terms established in the fifth instruction.
- Responsible declaration where the commitment to comply, prior to the start of the work or professional activity, of the obligations in terms of social security and, in the event of non-coverage by means of an international standard for the coordination of social security systems and employment, proof of registration of the company in the Social Security in the terms established in the sixth instruction.
- Copy of the degree or documentation proving a professional experience of at least three years, in the terms established in the seventh instruction.
Visa applications must be accompanied, additionally, by all the documents that are required in compliance with current regulations on visas.
When there are foreign public documents in the file, it will be required that said documents be legalized through diplomatic channels or, where appropriate, apostilled.
Notwithstanding the foregoing, when applicable to the procedure, the provisions of Regulation (EU) 2016/1191 of the European Parliament and of the Council of July 6, 2016, which facilitates the free circulation of citizens by simplifying the requirements for the presentation of certain public documents in the European Union and by which the Regulation (EU) is modified no. 1024/2012.
What is stated in the preceding paragraphs shall not apply to the certificates referred to in section 3 of the Fifth instruction, nor to any other document issued by virtue of an international standard for the coordination of social security systems, since said standards provide expressly the exemption from legislation and translation of such documents.
For the renewal of the authorizations contemplated in the law, the maintenance of the conditions that justified the granting of the authorization will be checked.