Telework visa

February 28, 2024

Before applying for a telework visa, it is necessary to obtain a N.I.E. (Número de Identidad de Extranjero / Foreigner Identity Number). Please check the procedure and the necessary documentation in the following link:

Foreigner Identity Number (NIE) (exteriores.gob.es)

IMPORTANT

Law 28/2022, of December 21, for the promotion of the ecosystem of emerging companies, has introduced a new migratory figure -international teleworker, in Law 14/2013, of September 27.

The definition of this type of worker, as well as the specific requirements that they must meet to get visas and residence permits are contemplated in the articles of new chapter V bis of section 2 of title V of the Law 14/2013.

This visa is intended for nationals of third countries who travel to Spain to carry out a remote work or professional activity for companies located outside the national territory, through the exclusive use of computer, telematics and telecommunication media and systems.

In the case of exercise of a labor activity, the holder of the authorization by telework of international character will only be able to work for companies located outside the national territory.

In the case of exercise of a professional activity, the holder of the authorization by telework of international character will be allowed to work for a company located in Spain, as long as the percentage of the above-mentioned work does not exceed 20% of the total of his professional activity.

Qualified professionals may apply for a visa or teleworking authorization that accredit being graduates or postgraduates from universities of recognized prestige, professional training and business schools of recognized prestige or with a minimum professional experience of 3 years.

Does not apply to citizens of the European Union or to those to whom European Union law applies.

The Law allows those foreigners who are legally in Spain or who have accessed through the telework visa, to request a residence permit in order to telework remotely for a company located abroad, and it will be valid for a maximum of three years. This means that FOREIGNERS WHO ARE LEGALLY IN SPAIN CAN APPLY FOR A RESIDENCE PERMIT, WITHOUT THE NEED FOR A PRIOR VISA, TO TELEWORK REMOTELY FOR A COMPANY LOCATED ABROAD, AND WHICH WILL BE VALID FOR A MAXIMUM OF THREE YEARS.

The following family members of the worker may also obtain a family visa:

The spouse or unmarried partner.
Children and adult children who are financially dependent on the worker and who have not created a family unit of their own.
Relatives in the ascending line in the worker's care.

Required documents (original and a copy) for the telework visa application:

Visa Application form 2024.pdf. Each applicant, or their representative, must complete and sign a visa application form, filling in each of its sections.
Photograph.pdf. 1 recent, passport-size, colour photograph, taken against a light background, facing forward, without dark or reflective glasses, or any garments concealing the oval of the face. Please, write your full name on the back.
Valid, unexpired passport. Original and a photocopy of the page or pages of the passport that contain biometric data. The passport must have a minimum validity period of 1 year and contain two blank pages. Passports issued more than 10 years ago will not be accepted.Otherwise, we will not initiate the process. While your application is being processed, you will not be able to travel with your passport.Important note: To apply for the visa you must be in the USA and wait in the USA for approval of your visa.
Foreign Identification Number (N.I.E). Certificate of Assignment of N.I.E.
Proof of residence in the consular district. The applicant must be a legal resident within the Consular Section’s consular jurisdiction (North California, Nevada, Oregon, Idaho, Wyoming, Montana, Washigton, Alaska and Hawaii.). Residence must be demonstrated by way of one of the following, valid documents: U.S. driver’s license, state ID.
Immigration status in US: (Not applicable for US citizens): Green Card, valid U.S. student visa, work permit (stamp on the passport), or parole. B-1 and B-2 visa holders cannot apply for visa in the United States, they must apply for it in their country of residence or origin.
Company certificate, reflecting:

a) If the worker is employed, the seniority of the worker in the company (at least 3 months), the worker’s income, as well as the explicit permission of the company to the worker to carry out his/her job remotely from Spain.
b) If the worker is self-employed, the length of the contractual relationship, as well as the terms and conditions in which the worker will exercise the professional activity remotely.

This document must be submitted in Spanish or together with a translation into Spanish.

Certificate of the Mercantile Registry (or similar Institution of the country) showing the date of Constitution of the company and the type of activity. This must prove a real and continuous activity for at least 1 year of the company or group of companies with which the worker maintains a labor or professional relationship.

This document must be apostilled and submitted together with an official translation into Spanish.
Financial means. Documents proving sufficient own financial means, or accrediting a regular source of income for the teleworker and, where applicable, for the family members accompanying them. The minimum required amount is equivalent to 200 % of Spain's. Minimum Interprofessional Salary (SMI): $2,300.00. For accompanying family members, an additional 75 % of the SMI ($810.00) is required for the second family member and additional 25 % of the SMI ($270.00) for each additional member from the third member of the family.

These amounts can be accredited, among others, with the contract, certificate of the company, etc.

Criminal record check certificate. Applicants over 18 must present original and copy of the criminal record certificate(s) issued by their country or countries of residence for the past 5 years.The Criminal record check certificate cannot be issued more than 6 months preceding the submission of the visa application.
Residents in the US:
- Certificate must be based on fingerprins and issued by FBI and legalized with the Federal Apostille of the Hague Convention requested to the Department of State in Washington DC and translated via an official Translators - Sworn Interpreters (exteriores.gob.es)
- FBI BACKGROUND CHECK: https://www.fbi.gov/services/cjis/identity-history-summary-checks
- APOSTILLE: https://travel.state.gov/content/travel/en/records-and-authentications/authenticate-your-document/apostille-requirements.html
- Translations: Translators - Sworn Interpreters (exteriores.gob.es)
Applicant(s) that has lived outside the United States during the past 5 years must provide an additional criminal background check from every country where he/she has lived, authenticated with the Apostille of The Hague and translated into Spanish, with a notarized copy of both documents.
If the country in which the applicant has lived in the past 5 years does not subscribe to The Hague Convention of 1961, the background check must by authenticated by the Ministry of Foreign Affairs of the issuing country and then by the Consulate of Spain in said country.
Note: Criminal record check certificates issued by US Local/State authorities will not be accepted. Applicant will be informed in the cases when they can be required in addition to the FBI records.
Apostilles are required: Contact Official Apostille authorities to get an estimate on processing times before submitting your visa application.
Responsible declaration of the absence of criminal records of the last 5 years.
Proof of public or private health insurance from an insurer recognized and authorized to operate in Spain. The insurance must cover all risks normally covered for nationals and must be maintained for the entire duration of the authorization.

It must cover at least all the preventive, diagnostic, treatment and rehabilitation assistance activities that are carried out in health centers or socio-health centers, as well as urgent health transport.
It must be health insurance (not travel). Therefore, it is not necessary to cover repatriations and/or evacuations.

The health insurance must not have a deficiency, copayment, or coverage limit, that is, it must cover 100% of the medical, hospital, and out-of-hospital expenses.
Responsible declaration of the company where the commitment appears, prior to the start of the work or professional activity, to comply with the Social Security obligations and, in case of paid employment and non-coverage by international standard of coordination of Social Security Systems, accreditation of the registration of the company in the Social Security.
Copy of the degree or documentation that proves a professional experience of at least 3 years.
Payment of the visa fee. Cash or Money Order. For citizens of the United States of America, the fee is $190. For nationals of Australia, Bangladesh, Canada, and the United Kingdom different rates are applied for reasons of reciprocity. In these cases, the amount of the fee must be consulted with the Consular Office. For other nationals, the visa fee is $85.
Self-addressed and Pre-Paid US “Express-Mail" envelope from the Post Office to have your passport returned by mail. We do NOT accept any other type of courier or messenger service (No FEDEX – No UPS). Tracking of mailed items is the sole responsibility of the applicant. (MANDATORY)

Required documents for family members:

For each family member accompanying the worker, the following must be submitted:

All the required documents specified in sections 1, 2, 3, 4, 11, and 14. Where applicable, those specified in 9, 10 also. In the case of minors, the visa application must be signed by one of their parents or by a duly accredited representative.
Documents proving family relationship with the worker: birth or marriage certificates issued by the civil registry, certificate of registration as an unmarried couple or any other document proving that the relationship is an unregistered partnership. Foreign documents must be legalized or apostilled and, where applicable, must be submitted together with an official translation into Spanish.
In the case of adult children, documents proving their financial dependence and civil status. Foreign documents must be legalized or apostilled and, where applicable, must be submitted together with an official translation into Spanish.
In the case of relatives in the ascending line, documents that prove they are in the worker's care. Foreign documents must be legalized or apostilled and, where applicable, must be submitted together with an official translation into Spanish.

Procedure:

This Consular Office is competent to accept visa applications from individuals residing in the consular district.

Who can apply for a visa: Visa applications must be dropped off in person or postal mail by the applicant, or by one of their parents if the applicant is a minor. They may also be submitted through a duly accredited representative.
Place of submission: Applications can be dropped off in person at the Consular Office (from Monday to Friday 9 A.M. to 1 P.M.) or by postal mail. An appointment is not necessary.

Applications will be accepted BY POSTAL MAIL: No specific carrier is requested but it is necessary that the envelope has a tracking number:

ATT VISA SECTION
CONSULATE GENERAL OF SPAIN
1405 SUTTER ST
SAN FRANCISCO, CA 94109-5417

Proof of receipt: The Consular Office will provide the applicant with proof of receipt of the application with a code that enables them to check the status through the following link.
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 for a decision regarding the application. The applicant may also be called in for a personal interview.
Decision period: The legal period for reaching a decision is 10 days as of the day after the submission date of the application, but this period may be extended when an interview or additional documents are requested. Please note: missing or mistaken documents will delay the process of your visa.
Collecting the visa: The Consular Office will inform the applicant regarding the procedure for the return of the passport and any other original documentation.
Visa refusal: Visa refusals will always be notified in writing, setting forth the grounds on which the decision adopted was 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.
The visa is valid for a maximum of 1 year, the visa will be valid according to the work period.

The telework visa is sufficient title to reside and work remotely in Spain during its period of validity, so it is not necessary for the worker to obtain the Foreigner Identity Card. However, the worker may request this card at the Immigration Office or at the corresponding Police Station.