General information
Visa for foreigners who wish to carry out remote work or a professional activity at a distance for companies located outside Spain through the exclusive use of computer, telematics or telecommunication media and systems.
The foreigner who carries out an activity as an employee may only work for companies located outside Spain.
A foreigner who is self-employed (freelancer) may also work for companies located in Spain, provided that the percentage of such work does not exceed 20% of his total activity.
To obtain this visa, it is necessary to have a graduate or postgraduate degree issued by prestigious universities, vocational training centres or prestigious business schools, or to prove a minimum of three years of professional experience.
The following family members of the teleworker may also obtain the visa:
- The spouse or the partner of a registered or recognized common-law couple.
- Minor children and children older than 18 years old who are economically dependent on the teleworker and who have not constituted a family unit on their own.
- Relatives in the ascending line who are in the teleworker's care.
It is necessary to apply for a NIE before requesting the visa (for more information see section “Consular services" > “Other services" > “Foreigner Identity Number").
Required documents
General documents required by international teleworkers and their family members:
1. National Application Form. Each applicant, or their representative, must complete and sign a visa application, filling in each of its sections.
2. Photograph. A recent, passport-size, colour photograph, with a light background, facing forward, without dark or reflective glasses, or any garments concealing the oval of the face.
3. Valid unexpired passport. Original and a photocopy of the page or pages of the passport that contain biometric data. The passport must be valid for at least 1 year and contain two consecutive blank pages. Passports issued more than 10 years ago will not be accepted.
4. Criminal record certificate. Applicants who are of legal age must submit an original and a copy of a criminal record certificate issued by the country or countries of residence within the last 2 years. In addition, a declaration of no criminal record for the last five years must be submitted. (You can download the form you have to fill in here: https://www.exteriores.gob.es/DocumentosAuxiliaresSC/Canad%C3%A1/MONTREAL%20(C)/Declaraci%C3%B3n%20responsable%20antecedentes%20penales.pdf).
In the case of Canada, only the negative criminal record certificate issued by the RCMP containing the fingerprints of the visa applicant will be accepted. More information on how to obtain it can be found here: https://www.rcmp-grc.gc.ca/en/criminal-record-checks#a7
Criminal record certificates from local police stations will not be accepted. The Canadian Criminal Record Certificate must be with the Hague Apostille Certification, and translated into Spanish. If the criminal record certificate has been issued outside Canada, it must be legalized by the Spanish Consular Office with jurisdiction in that country, unless the issuing country has signed the Hague Convention (list of signatory countries) in which case it must be apostilled: https://exterioresedicion.maec.es/DocumentosAuxiliaresSC/Canad%c3%a1/MONTREAL%20%28C%29/ESTADOS%20FIRMANTES%20CONVENIO%20DE%20LA%20HAYA.pdf
5. Proof of residence in the consular district. The visa applicant must provide proof of legal residence in the country where the application is submitted. The Consulate General of Spain in Montreal only accepts applications from residents of the province of Quebec, Nova Scotia, Newfoundland and Labrador, New Brunswick and Prince Edward Island. If you reside elsewhere, you must apply for your visa at the Embassy of Spain in Canada or at the Consulate General of Spain in Toronto, according to the demarcations of the aforementioned institutions.
https://www.exteriores.gob.es/Consulados/toronto/en/Paginas/index.aspx
https://www.exteriores.gob.es/Embajadas/ottawa/en/Paginas/index.aspx
6. Proof of the representative's identity and capacity. If the visa is applied for through a representative, a copy of the representative's identity card or passport and the power of attorney or document accrediting the representation must be submitted. The originals shall be shown at the time of submitting the application. Please note that the consulate reserves the right to accept or refuse the representative.
7. Payment of the visa fee. The fee must be paid in Canadian dollars in cash or money order. You can consult the fees in the comunicación/noticias section: https://www.exteriores.gob.es/Consulados/montreal/es/Comunicacion/Noticias/Paginas/Articulos/20230206_NOT1.aspx
8. Health insurance. Original and a copy of the certificate accrediting the public or private health insurance contracted with an insurance entity authorized to operate in Spain (the insurance entity must be registered in the list of insurance and reinsurance entities of the Bureau of Insurance and Pension Fund of the Ministry of Industry, Trade and Tourism). Moreover, the insurance must cover all risks insured by the public health system in Spain: https://dgsfp.mineco.gob.es/es/Consumidor/RegistrosPublicos/Paginas/Aseguradoras.aspx
It is not necessary to present the health insurance if coverage by the Spanish public health insurance system is proven. If an international Social Security agreement applies that allows the teleworker insured in another State to carry out his/her activity in Spain, instead of the health insurance, a certificate of entitlement to coverage issued by the competent institution of the State in whose Social Security system he/she is insured shall be submitted.
Specific documents required by the international teleworker. It is mandatory to submit the original and one copy of the following documents:
1. Certificate from the company stating:
(a) Employee: the worker's seniority in the company (it cannot be less than three months) and the company's express authorisation for the worker to work remotely.
b) Self-employed: the length of the contractual relationship (cannot be less than three months old) and the terms and conditions under which the remote working activity is to be carried out.
2. Certificate from the Commercial Register (or equivalent body in the country) showing the date of incorporation of the company (it cannot be less than one year) and the type of activity carried out.
3. Statement of compliance (from the company or the self-employed worker), prior to the start of the work or professional activity, stating the commitment to comply with social security obligations.
4. For employees: proof of application for registration of the company with the Spanish Social Security and proof of the worker's affiliation to the Social Security.
5. For self-employed workers: proof of affiliation to the RETA (Special Regime for Self-Employed Workers).
6. The requirement of registration with the Social Security may be replaced if there is an international Social Security agreement established with Spain in the country of origin. In which case, the Social Security of the country of origin must issue a certificate of applicable legislation for teleworkers, based on the above mentioned agreement, providing temporary coverage in Spain. This circumstance must be included in the statement of compliance.
Note that only some countries issue the aforementioned certificate of coverage for teleworkers. Therefore, you should consult the international agreements on Social Security and the model certificates of legislation of the bilateral agreements: https://www.seg-social.es/wps/portal/wss/internet/InformacionUtil/32078/32253.
There is a bilateral agreement on social security between Spain and Canada. The applicable legislation certificate applies to teleworkers resident in the provinces of Nova Scotia, Newfoundland and Labrador, New Brunswick and Prince Edward Island, however, it does not apply in the province of Quebec.
Therefore, teleworkers in the province of Quebec must comply with the requirements indicated in point 4: proof of application for registration of the company with the Spanish Social Security and proof of the worker's affiliation to the Social Security.
7. Documentation accrediting financial means
a) Teleworker: 200% of the monthly minimum interprofessional wage (SMI).
b) Family members of the teleworker: at least 75% of the SMI for the first regrouped member and at least 25% of the SMI for each additional member.
Any means of proof (employment contract, firm offer of employment or, in the case of professional activity, commercial contract corresponding to the work or professional activity to be carried out, among others) may be used to accredit the amounts indicated. The ownership, legality and availability of the funds used as evidence must be proven.
8. Documentation accrediting qualifications or professional experience: Original and a copy of the graduate or postgraduate degree from a university of recognized prestige, vocational training or business school of recognized prestige. Alternatively, documents attesting to at least three years' professional experience in functions similar to those of the position to be performed as an international teleworker. The experience must be comparable to the qualification required and relevant to the performance of the remote work or professional relationship being authorized.
In order to pursue a regulated profession, the equivalence of the qualification required for its exercise must be accredited.
If there are doubts as to the equivalence of a vocational training qualification in the Spanish education system, accreditation of the validation of the qualification may be required from the competent education authority.
A visa for teleworking may not be granted when the conditions of the application coincide with those of the visa for intra-corporate transfer.
Specific documents required by family members of the international teleworker.
1. Documents proving the kinship relationship with the teleworker: birth or marriage certificates issued by the Office of Vital Records, certificate of registration as a common-law couple or any other document proving the relationship as an unregistered partner.
2. In the case of children of legal age, documents proving the economic dependence and marital status of the child.
3. In the case of ascendants, documents proving that they are in the worker's care.
To apply for this visa, the original and a copy of all aforementioned documents must be submitted.
A translation into Spanish of all documents may be required, in accordance with the Spanish Art. 15 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations.
This information is not binding and does not alter or replace the content of the regulations in force, which shall be applicable in any case.
Procedure
This consular office has the authority to accept visa applications from citizens residing in the consular district.
- The visa application shall be submitted in person by the person concerned, or by a parent or guardian if the person is a minor. It may also be submitted through a duly accredited representative.
- Place of submission: Applications must be submitted in person at the consulate. It is mandatory to request an appointment by writing an email to cog.montreal.vis@maec.es.
ALL CITIZENS APPLYING FOR A VISA MUST ATTEND THE CONSULAR OFFICE IN PERSON, INCLUDING MINORS.
- Proof of receipt: The Consular Office will provide the applicant an application receipt with a code that allows them to check the status of the application through the following link: https://sutramiteconsular.maec.es/Home.aspx
- Rectifying the application: The Consular Office may ask the applicant to submit any missing documents, or to provide additional documents or data that are necessary to resolve the application. The applicant may also be called in for a personal interview.
- Decision period: The legal term to make a decision is 10 days from the day following the date of submission of the application. Nevertheless, this term may be extended if additional documents or an interview is requested. You can check the status of your visa application here https://sutramiteconsular.maec.es/Home.aspx, by entering the information from the receipt given to you at the consular office.
If the processing status of your visa application appears as "RESUELTO", the procedure of your file has been completed. To collect your documents, follow the instructions given to you by the visa agent on the day of your appointment.
Another status of the process is: "EN TRAMITACIÓN". The application is pending resolution.
- Collecting of the visa: the applicant or his /her representative must collect the visa, without the need for an appointment, within a maximum period of 1 month as of the day following the date on which a favourable decision is notified.
- Visa refusal: the refusal of a visa shall always be notified in writing, stating the grounds on which the decision is based.
- Appeals: If a visa is refused, the applicant may submit an appeal for reconsideration to this Consular Office within 1 month of the day following the date on which notification of the refusal is received. An application for judicial review may also be filed with the High Court of Justice of Madrid within the 2-month period beginning the day after the date on which the applicant receives notification of the visa refusal or of the dismissal of the reconsideration appeal.
- Validity period of the visa: the visa is valid for 1 year or for the same period as the residence permit granted, provided that this is less than one year.
The visa accredits residence in Spain during its validity, and it is making it unnecessary for the worker to obtain a Foreigner Identity Card. However, the worker may apply for this card at the Foreign Nationals' Office or the corresponding Police Station.