Residency application for international teleworkers

What is the residency for international teleworkers ?

Procedure for applying for a residency permit when the applicant is in a regular situation in Spain, through which they will obtain a permit for 3 years (or less depending on the length of the contract provided if it is shorter than three years) to, if they wish, reside and work throughout the national territory.

The residency permits regulated by Law 14/2013, supporting entrepreneurs and their internationalization, facilitate the entry and stay in Spain for international remote workers for economic reasons.

Benefits

Tax Benefits on Income

Workers, professionals, entrepreneurs and investors displaced to Spanish territory may benefit from the special tax regime applicable (art. 93 Law 35/2006, of November 28, on Personal Income Tax).
 

Tax Benefits on Non-Resident Income

Changes in the eligibility criteria for the reduced tax rate (IRNR), reducing the required period of non-tax residency from 10 to 5 years.

Tax Advantages on Gains

Exemption from the wealth tax. Reduction in the capital gains tax, with rates varying from 19% to 28%.

Managing Authority 

Large Companies and Strategic Groups Unit

Estimated Processing Time 

Fastest resolution time: 20 business days.

 

  • Individuals of foreign nationality seeking to engage in remote work for companies based outside Spain using only computer, telematic, or telecommunication methods.
  • Individuals of foreign nationality employed by companies situated outside Spain.
  • Individuals of foreign nationality engaged in self-employment (as freelancers) who may also work for companies in Spain, as long as the percentage of such work does not exceed 20% of their total activity.

 

 

  • Photocopy of the complete passport or valid travel document (all pages).
  • Proof of payment of the fee (mod. 790 038), including the payment receipt if not already indicated on form 790.
  • Signed application form by the teleworker (MIT Form).
  • Confirmation of a minimum three-month employment/professional relationship with the foreign company/companies as of the application date.
  • Verification of real and continuous business activity for at least one year by the foreign company or group of companies the worker is affiliated with.
  • Letter from the foreign company granting permission for remote work from Spain, specifying the position profile, salary, terms, and other conditions for conducting remote professional activities.
  • Copy of the qualification relevant to the position or, if applicable, minimum substitute experience for roles similar to the one intended.
  • Social Security coverage certificate (if there is an agreement with the country of origin) or enrollment in the Spanish Social Security system, providing at least the application for the foreign company's registration with Social Security and the commitment to register once the authorization is obtained before commencing work.
  • Current criminal record certificate from the country or countries of residence for the last two years. Additionally, a sworn statement of the absence of criminal records for the last 5 years will be submitted (Not applicable if the applicant already holds a residence or stay authorization in Spain for more than 6 months and has already submitted it to obtain said authorization).
  • Public or private health insurance. Travel insurance is not acceptable.

 

  • Not being in an irregular situation in Spain.
  • Having no criminal record in Spain and in the country/countries of residence for the past five years before the application.
  • Having either public health insurance or an equivalent private health insurance from an authorized insurer operating in Spain. Travel insurance, plans limited to medical expense reimbursement, or those with waiting periods or copayments are not accepted.
  • Possessing adequate financial means for oneself and family members throughout the residence period in Spain.

 

What are the steps you should follow?

01

Paso 1. Cumplimentación del formulario de solicitud.

Descargar, rellena y firma el modelo de solicitud de autorización de residencia para titulares. En caso de desplazarte en compañía de tus familiares, debes cumplimentar el modelo de solicitud para familiares MI-F para cada uno de ellos, y así, solicitar la autorización conjuntamente.

02

Paso 2. Abono de la tasa.

Se debe abonar la tasa establecida antes de iniciar el proceso de alta de la solicitud. El formulario 790 para la tasa 038 se debe rellenar y descargar.

  • Autorización inicial: 89,96€
  • Autorización renovada: 95,27€

Se puede pagar en efectivo a través de sucursal bancaria o cajero o a través de cuenta corriente mediante el certificado digital o Cl@ve Pin o Cl@ve Permanente. Al finalizar el pago deberá obtener el Número de Referencia Completo (NRC) necesario para la presentación del expediente.

03

Paso 3. Acceso a la sede electrónica de Unidades de Grandes Empresas y Colectivos Estratégicos.

Una vez completado el formulario y pagada la tasa, se debe acceder al procedimiento. “Presentación de solicitudes de autorización de residencia de movilidad internacional reguladas por la Ley 14/2013” de la sede electrónica de la Unidad de Grandes Empresas y Colectivos Estratégicos (UGE-CE).

  • Seleccione la opción “Alta de solicitud” para iniciar el trámite y dar de alta la solicitud. Para ello, si el mismo nómada digital va a realizar el trámite, se debe identificar mediante un certificado digital, o bien a través del sistema Cl@ve PIN o Cl@ve Permanente
  • En la parte inferior aparecerán los documentos obligatorios que deben anexarse (que se detalla abajo). Adicionalmente, podrás adjuntar todos aquellos documentos complementarios que consideres oportunos.
  • Cuando todo esté correcto, marca la casilla de conformidad para el tratamiento informático de los datos y pulsa el botón “Firmar”. Realizada la solicitud, se informará del número de registro y se podrá descargar el fichero con la solicitud firmada y el acuse de recibo.
04

Paso 4. Notificación.

Se resolverá la autorización de residencia en el plazo establecido. Se recibirá un aviso de puesta a disposición en la sede electrónica de la notificación del estado de la solicitud a través del correo electrónico indicado en el momento de alta de solicitud.

Do you need additional information?

Download document

Modelo de solicitud de autorización residencia titulares MI-T

Format: .pdf. 231.53 KB

Download document

Solicitud para familiares

Format: .pdf. 194.21 KB

General and specific requirements outlined for each type of authorization must be fulfilled, as per the provisions of Law 14/2013. For a reference list of the required documentation, you can visit this link https://www.inclusion.gob.es/web/unidadgrandesempresas 

To qualify for long-term residency, you must meet the general requirements outlined in the Regulation of Organic Law 4/2000. The typical scenario involves having legally and consistently resided in Spanish territory for a period of five years.

Residency status will not be affected by absences from Spanish territory lasting up to six consecutive months, as long as the total sum of these absences does not exceed ten months (or one year in case of work-related absences) within the five-year period, unless the departures were irregular. 

Concerning residence in Schengen countries, there is no differentiation between authorizations governed by Law 14/2013 and other residence permits.

Simply put, any foreign resident in Spain has the privilege of unrestricted movement within the territories of states adhering to the Schengen Agreement, provided the stay does not exceed three months within a six-month period. (At present, these states include Germany, Austria, Belgium, Denmark, Slovenia, Spain, Estonia, Finland, France, Greece, Netherlands, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Norway, Poland, Portugal, Czech Republic, Slovakia, Sweden, and Switzerland.)
Essential documents for inter-country travel encompass a valid travel document (be it a passport or another recognized document) and the residence permit. Additionally, a declaration of entry into the respective state is mandatory.

For more comprehensive details, kindly refer to the Ministry of the Interior's website.
 

Applications for initial authorizations and their renewals are processed at the Unit for Major Corporations and Strategic Collectives, a part of the Immigration Subdirectorate under the General Directorate of Migrations. This unit operates within the General Secretariat for Immigration and Emigration, a branch of the Ministry of Employment and Social Security, situated at Plaza de la Remonta, number 12, 3rd floor, Postal Code 28071, Madrid.

Applications for initial residency authorizations and their renewals can be lodged at any public registry. If you prefer, you can choose to submit them at the registry of the General Secretariat for Immigration and Emigration located at 39 José Abascal Street, Madrid. Alternatively, you have the option to submit them at the headquarters of the Unit for Large Companies and Strategic Collectives situated at Plaza de la Remonta, Madrid. In this case, please make sure to request a prior appointment.

Alternatively, you have the option to file your applications electronically using a digital certificate through the online platform of the Ministry of Employment and Social Security. Detailed information on the digital application process is available on their website.
 

The applicant for each type of authorization varies depending on the authorization category:

  • For initial authorizations:
    • For investors and entrepreneurs, the applicant is the foreign individual.
    • For highly qualified professionals, researchers, or intra-company transfers, the applicant is the company or entity requiring the services of the foreign individual.
  • For family authorizations:
    • If the application is submitted together with the main applicant, the applicant is the main applicant (for investors and entrepreneurs) or the company or entity (for highly qualified professionals, researchers, or intra-company transfers).
    • If the application is submitted separately, the applicant can be one of the aforementioned or the family member themselves.
    • Renewals are submitted by the foreign individual holding the authorization (family members request the renewal of their own authorization).

Applications can be submitted by the interested party themselves or through a representative
 

Foreigners who have been issued a residence visa under this regulation can stay in Spain for a period of one year, authorizing the residence of the holder in Spain without the need to process the foreigner's identity card.

However, those who obtain a residence permit under Law 14/2013 must personally complete the foreigner's identity card process at the Single Foreigners Office or, failing that, at one of the Documentation Units dependent on the National Police in the province where they have their domicile.

In the case of minors, they must be accompanied by their duly accredited legal representative with original and valid identification documentation, or by a person empowered by them.

At the following link, you can schedule your prior appointment in immigration.

You can also receive information by directly accessing “queries” at the Foreigners Office corresponding to your place of residence; in the following link, you can access their phone numbers and email addresses: Immigration Offices Information.

If submitting the application in person, bring both the original and a copy, with the UGE retaining only the copy. If submitting to a public registry, bring both the original and a copy, and send only a certified copy.

You can access the residence authorization application forms at this link.

The law stipulates the requirement of not being irregularly in Spain, so compliance with this requirement at the time of application is necessary. The residence authorization application will extend the validity of the residence or stay status held by the applicant until the resolution of the procedure.

Yes, it is possible, provided that the requirements for modifying an authorization set by the Regulations of Organic Law 4/2000 are met.

Yes. The fourth additional provision of Law 14/2013 establishes that residence authorizations allow both residence and work (both self-employed and employed).

While residing in Spain, foreigners must be covered either by the public health system or private insurance. Proof of insurance is not necessary if there is an expectation that the foreigner (along with their family members) will be covered by the National Health System due to enrollment in Social Security resulting from an employment contract or professional relationship.

For entrepreneurs, if the business activity is not starting immediately, insurance with limited validity (such as travel insurance, typically valid for three months) is acceptable.

In all other cases, individuals must have public or private health insurance arranged with an authorized insurance entity operating in Spain, providing coverage equivalent to that of the National Health System and for the duration of their authorization, or at least for a renewable one-year period (travel insurance is not considered valid).
 

The law does not specify a particular amount or required documentation. Therefore, you can demonstrate your economic means through any legally acceptable means of proof. For example, with a job contract offer, pay stubs, the updated annual average balance of bank accounts, deposits, etc.

All documents must be translated into Spanish. For foreign public documents, they must also be accompanied by the apostille from The Hague Convention, or if not available, legalized through diplomatic channels.

You can find more information on document legalization at the following links:

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