Spain: Remote Work Visa Introduced; Entrepreneur’s Act Rules Relaxed

International Teleworking Visa. This visa offers a one-year stay (with the possibility of renewal) with 10-business-day processing. 

Prior to expiration, the foreign national can request an International Teleworking Residence Permit, which has a maximum validity of three years (with the possibility of renewal for another two years if all requirements are still met). This permit can also be requested in country. 

This new category provides an immigration pathway for workers who (among other requirements):

• • • exclusively work on the computer, by phone or other telecommunication means from outside Spain (though work for a company located in Spain is allowed for up to 20% of the applicant’s professional activities);
    • are graduates or postgraduates from renowned universities, professional training, or renowned business schools or those with at least three years' professional experience;
    • company for whom the applicant provides professional services or works for must have had at least one year of continuous and real activity;
    • prove an employment or professional relationship of at least the last three months prior to the submission of the application; and
    • prove the company allows the worker to carry out the work activity remotely.

Entrepreneur’s Act rule changes.

• • • The maximum initial validity of permits granted under the Entrepreneurs has been extended to three years, up from two.
    • Visa applicants under the Entrepreneur’s Act now only need to provide police background checks of the country(ies) they has resided at during the last two years (down from five years) plus an affidavit that they do not hold criminal records in countries where they have previously resided.
    • The definition of ‘highly qualified professional’ has been expanded to include graduates or postgraduates from universities and renowned business schools, graduates of higher vocational training, or specialists with professional experience of a comparable level of at least three years.
    • The definition of ‘entrepreneurial activity’ has been expanded and a new agency has been created to regulate these activities.
    • The duration of the permit to seek employment has been expanded from 12 to 24 months.
    • The validity of the residence permit for internships has been limited to one year (up to two years with an extension).

Most of these rules relax the immigration environment for applicants under the Entrepreneur’s Act, which is important during this time of labor shortages in Spain.

The related regulations will be clarified in the Large Companies Unit instruction notes – expected to be released by March 31, 2023.