Introduction
The Spanish authorities have amended the Entrepreneurs Act 14/2013 to include a new category of permit the “International Teleworkers” and implement several changes to the requisites for all categories under the Act. The aim of the law is to set up a specific legal framework to support the establishment and growth of emerging companies in Spain and with respect to foreign talent, incorporate a set of migratory measures to facilitate the entry and residence not only of highly qualified professionals, but also of entrepreneurship and investment.
Impact
High
What has changed?
The Entrepreneurs Act 14/2013 has introduced a new category of permit for “International Teleworkers” alongside the existing categories of: Investors, Entrepreneurs, Highly Qualified Workers, Researchers and Intracompany transferees. In addition to this, the new law has implemented several amendments to the requirements for all aforementioned categories. Amendments include the following among others:
- The maximum initial validity of the permits granted under the Entrepreneurs Act will be increased to 3 years instead of the current 2 years.
- Applicants must provide police background checks from the country(ies) they have resided in for the previous two years, along with an affidavit stating they have no criminal record in country(ies) they have resided in during the 5 years prior to submission of the application.
- The applicant’s passport will be sufficient for registration with the Social Security during the first six months of residence or stay.
- The definition of a highly qualified professional has been amended 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 3 years".
- Entrepreneurial activity definition has been expanded to: "Entrepreneurial activity will be understood to be the activity which is innovative and/or of special economic interest for Spain and for this purpose has a positive report issued by the National Agency of Innovation “ENISA”.
- The duration of the permit to seek employment is extended from 12 to 24 months
Who is affected?
The new International Teleworking Visa will be applicable for foreign nationals who want to stay in Spain to carry out work or professional activity for companies located outside the national territory, by exclusive use of computer, telematic and telecommunication systems.
It is important to note that, if exercising an employment activity, the visa holder may only work for companies located outside the national territory. However, if exercising a professional activity, they may also work for a company located in Spain, provided that the percentage of such work does not exceed 20 % of their total professional activity.
What to expect /impact?
Spain’s favourable climate, culture, excellent universities and growing number of research and technological development industries is making the country more desirable to professionals who would like to work remotely for their overseas employers. These individuals contribute to the local economies, enrich local talent and generate network opportunities for other professionals. This law is intended to promote the establishment in Spain of entrepreneurs as well as remote workers of all types of sectors and companies, known as "digital nomads".
What you need to do
For further information on changes to the immigration rules in Spain, please contact the Sterling Lexicon immigration team at immigration@sterlinglexicon.com.
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