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The new visa for international teleworkers has just been published, which will apply to those workers who, whether employed or self-employed, are working for foreign companies but want to reside in Spain.
The new Law 28/2022, of December 21, on the promotion of the startup ecosystem, also known as the Startup Law, will come into force as of December 23, 2022.
This visa and authorization is regulated within the already known Entrepreneurs Law, where the permits for investors and highly qualified professionals that we are most frequently processing are regulated as well.
What does the visa for international teleworkers consist of?
The visa for international teleworkers consists of an authorization to reside and work that will be granted to workers who are nationals of a third country authorized to stay in Spain to carry out a work or professional activity at a distance for companies located outside the national territory, by means of the exclusive use of computer, telematic and telecommunication means and systems.
This visa will be considered as a sufficient title to reside and telework in Spain during its validity, which corresponds to a maximum of one year, unless it is requested for a shorter period. Once this period has elapsed, the residence authorization for international teleworker may be requested, which will be valid for 3 years, with the possibility of renewal for periods of 2 years, if the same conditions are maintained at the time of the application.
Who can benefit from the visa for international telecommuters?
The visa for international teleworkers can be granted to all workers who are nationals of a third country and who exercise a professional activity for companies established abroad exclusively through the use of electronic means of telecommunication.
Additionally, self-employed workers may apply for the visa even though they carry out activities for a company located in Spain, provided that the percentage of work does not exceed 20% of their total professional activity. Qualified professionals who can prove that they are graduates or postgraduates from prestigious universities, vocational training and business schools of recognized prestige or with a minimum professional experience of three years may also apply for the visa or authorization to telework.
What are the requirements?
The following are the requirements to qualify for the new type of visa for international teleworkers, according to Article 74 ter of the Startups Law:
- The existence of a real and continuous activity for at least one year of the company or group of companies with which the worker has an employment or professional relationship.
- Documentation proving that the employment or professional relationship can be performed remotely.
- In the case of an employment relationship, the existence of this relationship between the worker and the company not located in Spain for at least the last three months prior to the presentation of the application must be accredited, as well as documentation that accredits that the company allows the worker to carry out the work activity remotely.
- In the case of the existence of a professional relationship, it must be accredited that the worker has a business relationship with one or more companies not located in Spain for at least the last three months, as well as documentation that accredits the terms and conditions under which the professional activity will be carried out remotely.
What are the other important novelties with respect to the permits regulated in the Entrepreneurs Law?
Through the provisions on amendments, the validity periods of permits for investors, researchers, highly qualified professionals and seconded workers are extended to 3 years.
On the other hand, the law stipulates that the passport will be sufficient proof of registration with the Social Security during the first six months of residence or stay for the permits regulated therein, and in those cases in which the foreigner is not in possession of a foreigner identification number (NIE), without prejudice to the subsequent application for the NIE.
How can we help you?
From CECA MAGÁN Abogados we will keep you informed of any new developments regarding visas for international teleworkers, we are at your disposal to clarify any doubts and provide comprehensive advice with a specialized team. Do not hesitate to contact our experts here.
Lawyer in Labor Department and expert in International Mobility
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