As the rise of remote work continues, many individuals are considering the option of becoming digital nomads, enjoying the freedom to work and travel simultaneously. Spain has become an attractive destination for digital nomads due to its rich culture, vibrant cities, and favorable climate. However, if you are planning on entering Spain under the Digital Nomad Visa for later applying for long-term residency or even asking for nationality, there are some things you should know.
Understanding the residency requirements and how they apply to this unique lifestyle is essential in order not to have an unpleasant surprise after spending 5 years in Spain, and finding out you do not meet the requirements for long term residency.
In this article, we will delve into the specifics of the Spanish law and provide clarity on the residency regulations that affect those coming to Spain under the “Digital Nomad Visa”, hoping it will be the door for long term residency in Spain.
Understanding Spanish Immigration Laws
There are two main law foundations when it comes to immigrating to Spain.
The Organic Law 4/2000: Rights and Freedoms of Foreigners in Spain
The foundation for general residency regulations in Spain lies within the “Ley Orgánica 4/2000 sobre derechos y libertades de los extranjeros en España y su integración social” (Organic Law 4/2000 on the Rights and Freedoms of Foreigners in Spain and their Social Integration). This law establishes the principles and fundamental rights for foreigners residing in Spain.
Law 14/2013: Supporting Entrepreneurs and Internationalization
The “Ley 14/2013 de apoyo a los emprendedores y su internacionalización” (Law 14/2013 in support of entrepreneurs and their internationalization) encompasses some residency permits considered of “economical interest for Spain”, such as the Digital Nomad Visa, the Golden Visa, Highly Qualified Visa, Entrepreneur Visa, etc.
Residency legislation related to long term residency in Spain
Disposición Adicional Sexta: DNV and Long-Term Residency
If we read the sixth additional provision of Law 14/2013 (the one that encompasses the DNV), it says the following:
“Without prejudice to the need to prove, in accordance with current legislation, the continuity of residence in Spain for the acquisition of long-term residence or Spanish nationality, the renewal of the residence may be carried out even if there are absences of more than six months to the year in the case of residence visas and authorizations for foreign investors or foreign workers of companies that carry out their activities abroad and have their base of operations established in Spain.”
And what is this current legistlation that the startup law refers to? It is the Organic Law 4/2000 on the rights and freedoms of foreigners in Spain and their social integration.
Article 148 of Royal Decree 557/2011: Criteria for Permanent Residency
If we refer to Article 148 of the Royal Decree 557/2011 (where the information of Law 4/2000 is expanded) we can read:
“Foreigners who have resided legally and continuously in Spanish territory for five years will have the right to obtain a long-term residence permit.
Continuity will not be affected by absences from Spanish territory of up to six continuous months, provided that the sum of these does not exceed a total of ten months within five years. In the case of absences for work reasons, the continuation of residence will not be affected by absences from Spanish territory of up to six continuous months, provided that the sum of these does not exceed a total of one year (twelve months) within the five years required.”
Explaining it in a simple way, the current law says that to qualify for permanent residency in Spain, an individual must have legally and continuously resided in the country for a period of five years. The continuity of residence is not affected by absences from Spain of up to six consecutive months, as long as the total sum of these absences does not exceed ten months within the five-year period for individuals living in Spain under the general immigration law (Ley Orgánica 4/2000). residency permit.
There is a small change for foreigners living in Spain under the “special immigration law” (Law 14/2013), in this case, we are talking about the “digital nomads”.
Implications for Digital Nomads in Spain
Digital nomads in Spain, including those under the DNV, are subject to the same regulations as other residents regarding permanent residency and citizenship. However, they can renew their temporary residency permits even if they spend more than six months outside of Spain per year. It’s important to note that for individuals seeking permanent residency, the requirement of not exceeding twelve months outside of Spain within the five-year period applies.
Achieving Long-Term Residency Goals
Becoming a digital nomad in Spain offers an exciting opportunity to combine work and travel while enjoying the country’s unique offerings. Understanding the residency requirements is crucial for digital nomads to ensure compliance with the law. While the Digital Nomad Visa allows being out of the country for longer time periods, facilitating the maintenance of the temporary residency, it’s essential to be mindful of the specific regulations regarding permanent residency and citizenship. By adhering to the established guidelines, individuals interested in living long term in Spain can make the most of their time under the DNV while building up time to be able to apply for long term residency.
We specialize in processing residency permits, including the Digital Nomad Visa for Spain. Visit our website to check if you meet the requirements and let us help you secure your path to living and working in Spain.
