Requirements to obtain a visa and/or residence in Spain for remote employment
In Spain, on December 22, 2022, the new Law for the Promotion of the Startup Ecosystem reformed Law 10/2013 on support for entrepreneurs and their internationalization, creating the possibility of obtaining a visa and/or residence authorization for international remote workers.
To benefit from this reform and obtain a visa and/or residence authorization, the person interested in residing in Spain must work or work remotely for foreign companies, by computer and telecommunication means, in addition to having graduated or post-graduated from universities or business schools of recognized prestige and have a minimum training or professional experience of at least 3 years.
Likewise, the interested party must prove that there is an employment or professional relationship with a real and continuous activity for at least 1 year, and with at least 3 months of existence prior to the preparation of the application, as well as accrediting the possibility of carrying out the activity remotely.
The visa is a sufficient title to reside and work remotely in Spain, for a maximum term of 1 year and the interested party may request, within 60 days prior to its expiration, the authorization of residence with validity of 3 years, renewable for periods of 2 years, if he/she is in a regular situation in Spain. To obtain such authorization, it is required to present a certificate of criminal record from the country where he/she has resided in the last 2 years and a declaration of non-existence of criminal record during the last 5 years.
_______
Labor and Immigration Area of ECIJA Mexico