General information
Visa for foreigners who want to carry out a remote work or professional activity for companies located outside of Spain through the exclusive use of computer, telematic or telecommunication means.
The foreigner who carries out an activity as an employee may only work for companies located outside of Spain.
Foreigners who carry out an activity on their own account (as a self-employed person) may also work for companies located in Spain, provided that the percentage of said work does not exceed 20% of their total activity.
To obtain this visa, it is necessary to either have a graduate or postgraduate degree issued by a recognised university, professional training center or business school, or to prove a minimum of three years of professional experience.
The following relatives of the teleworker can also obtain the visa:
- The spouse or common-law partner.
- Minor children and those of legal age who are economically dependent on the teleworker and who have not constituted a family unit by themselves.
- The ascendants who are dependent on the teleworker.
It is necessary to have a NIE before to apply for this visa (See section Passports and other documents > Foreign Identification Number).
Required documents
General (for the international teleworker and his family members):
- National visa application form. DOWNLOAD HERE Each applicant, or its representative, will complete all sections and sign a visa application.
- Photo. A recent color passport-size photograph with a light background, taken from the front, without dark glasses, reflections, or clothing that hides the oval of the face.
- Valid passport. Original and a photocopy of the page or pages with biometric data of the passport. The passport must have a minimum validity of 1 year and two blank pages. Passports issued more than 10 years ago are not accepted.
- Criminal record check certificate no more than five months before the application date (Legalized with the Hague Apostille Certification and translated into Spanish). Applicants of legal age who apply for a visa for a stay of more than 180 days must submit the original and a copy of the criminal record check certificate(s) issued by their country or countries of residence for the past 5 years. It must be a negative criminal record issued by the RCMP containing fingerprints and photo of visa applicant. If in the last five years, you have resided in another country, a criminal record from the authorities of that country.
- Proof of residence in the consular district. The visa applicant must prove her legal residence in the country where the application is submitted. Study permit, work permit, permanent resident card or valid Canadian passport.
- Proof of the representative's identity and capacity. If the visa is requested through a representative, a copy of the identity document or passport of the representative and the power of attorney or document proving the representation must be presented. The originals will be shown at the time of submitting the application.
- Payment of the visa fee. CHECK RATE HERE.All amounts are in Canadian dollars (CAD). The means of payment accepted for the payment of consular fees are cash, certified, certified or guaranteed check or money order in favor of the "Consulate General of Spain in Toronto".
- Health insurance. Original and a copy of the public or private health insurance certificate contracted with an insurance company authorized to operate in Spain (the insurance company must be registered in the list of insurance and reinsurance companies of the General Directorate of Insurance and Pension Funds of the Ministry of Industry, Commerce and Tourism.The insurance must cover all the risks insured by the public health system in Spain.Opens in a new window. It is not necessary to present the health insurance if the coverage by the Spanish public Social Security system is proven. If an international Social Security agreement is applied that allows the teleworker insured in another State to carry out his activity in Spain, instead of health insurance, a certificate of right to coverage issued by the competent institution of that State will be requested.
Specific for the international teleworker. Original and a copy of the following documents:
- Company certificate that reflects:
a) Employed worker: the seniority of the worker in the company (must be at least three months) and an specific authorization from the company stating that the worker may work remotely.
b) Self-employed worker: the age of the contractual relationship (must not be less than three months) and the terms and conditions in which he will carry out the professional activity remotely.
- Certificate from the Mercantile Registry (or equivalent body in the country) reflecting the date of incorporation of the company (it must not be less than one year) and the type of activity it carries out.
- Responsible declaration (of the company or the self-employed worker) reflecting the commitment to comply, prior to the start of the work or professional activity, of the obligations in terms of social security.
- For employed workers: proof of application for registration of the company in the Spanish Social Security and proof of the affiliation of the worker to the Social Security.
- For self-employed workers: proof of affiliation to RETA (regime for self-employed workers).
- The Social Security registration requirement may be substituted by the right of access to social security from the country of origin, always provided there is an international Social Security agreement of that country with Spain. In this case, the Social Security of the country of origin must issue a certificate of applicable legislation for teleworkers, based on said agreement, which provides temporary coverage in Spain. This circumstance will be included in the responsible statement.Important: only some countries issue the aforementioned coverage certificate for teleworkers. It is recommended to consult the international agreements on Social Security.
- Documentation proving finalcial means.
a) Teleworker: monthly amount that represents 200% of the minimum interprofessional wage (SMI).
b) Family members of the teleworker: at least 75% of the SMI for the first person regrouped and at least 25% of the SMI for each additional member.
To prove the indicated amounts, any means of proof may be used (employment contract, firm offer of employment or, in the case of professional activity, commercial contract that corresponds to the work or professional activity to be carried out, or others). The ownership, legality and availability of the funds used as evidence must be accredited.
- Documentation proving the degree or professional experience: Original and a copy of the graduate or postgraduate degree from a recognised university, vocational training school or business school. Alternatively, documents proving a minimum professional experience of three years in functions similar to those of the position to be held as an international teleworker. The experience must be comparable to the qualification required and relevant to the performance of the authorized remote employment or professional relationship.In order to exercise a regulated profession, the homologation of the qualification necessary for its exercise must be accredited.
If there are doubts about the equivalence of a vocational training degree in the Spanish educational system, the accreditation of the validation of the degree before the competent educational authority may be required.
A visa for teleworking cannot be granted when the conditions of the application coincide with those of the visa for intra-company transfer.
Specific for the relatives of the international teleworker.
- Documents that prove the relationship of kinship with the teleworker: birth or marriage certificates issued by the civil registry, certificate of registration as a de facto couple or any other document that proves the relationship as an unregistered couple.
- In the case of children of legal age, documents that prove the economic dependence and marital status of the child.
- In the case of ascendants, documents that prove that they depend on the worker.
Procedure
This Consular Office is competent to accept visa applications from people residing in the consular district..
- Who can apply for a visa: Visa applications must be submitted in person by the applicant or by an authorized representative just in cases of long distances or proven difficulties in traveling. Appointment must be requested in advance by sending an email to cog.toronto.vis@maec.es.
- Correction of the application: The Consular Office may ask the applicant to present the missing documents, or to provide additional documents or data that are necessary to resolve the application. You may also call the applicant for a personal interview.
- Term to resolve: The legal term to make a decision is 10 days from the day following the date of submission of the application, but this term may be extended when additional documents are requested or an interview is held.
- Collecting the visa: The visa must be collected personally by the applicant without the need for a prior appointment, within a maximum period of 1 month, counting from the day following the date on which the favorable resolution is notified.
- Refusal of the visa: If applicable, the refusal of the visa will always be notified in writing, stating the reasons on which the decision is based.
- Appeals: In case of denial of the visa, the applicant can file an appeal for replacement before this Consular Office within a period of 1 month from the day following the date on which he receives the notification of the denial. You can also file a contentious-administrative appeal before the Superior Court of Justice of Madrid within a period of 2 months from the day following the date on which you receive the notification of denial of the visa or dismissal of the appeal for replacement.
- Visa validity: The visa is valid for 1 year or the same validity as the residence authorization granted, as long as it is less than one year. The visa certifies residence in Spain during its validity, and it is not necessary to obtain a Foreigner Identity Card. However, this card can be requested at the Foreign Office or the corresponding Police Station.