Submission of applications for international teleworkers and FAQ

Featured Entrepreneurs Formalities
Published by
Isabel Teruel the 16 January 2023 to the 10:15

We transcribe important notice of the website of the Ministry of Inclusion, Social Security and Migration, concerning the applications from international teleworkers:

Notices

For transitional technical reasons, the option of international teleworkers is not available, which is why, provisionally, in order to facilitate the submission of applications through the headquarters, the option ‘NATIONAL INTRAEMPRESARIAL TRANSFER’ should be used in the ‘Type of authorisation’ field of the ‘Residence authorisation application’ section.

We also highlight the Frequently asked questions about international teleworkers hung on the web portal of the Large Companies and Strategic Groups Unit:

  • INTERNATIONAL TELEWORKERS

Art.74 bis Law 14/2013

Third-country nationals who move to Spain to exercise a remote work or professional activity for companies located outside the national territory, through the exclusive use of computer, telematic and telecommunication means and systems.

Frequently Asked Questions

  • What is an international teleworker?

A worker authorized to remain in Spain to exercise a remote work or professional activity for companies located outside the national territory, through the exclusive use of computer, telematic and telecommunication means and systems.

  • Who can obtain an authorisation as an international teleworker?

A third-state national, of legal age. (Does not apply to citizens of the European Union or those to whom European Union law applies)

  • Can a self-employed person be considered an international teleworker?

Yes, as long as you prove a professional relationship with the foreign company for which you work for a minimum of three months and that authorizes the transfer to Spain.

  • What other requirements are needed?

Not to be found irregularly in Spain.

Lack of a criminal record in Spain and in the country/ies where they have resided for the five years prior to the application

Have a public insurance or a private health insurance contracted with an insurance company authorized to operate in Spain.

Have sufficient financial resources for themselves and their family members during their period of residence in Spain.

  • Can they do other work in Spain?

Always on the premise that their work can only be carried out exclusively through computer, telematic and telecommunication means and systems, there are two possible scenarios:

  • Employment relationship: In Spain you can only work for the company located outside the national territory for which you provide the teleworking service.
  • Professional relationship: You can work for a company located in Spain, as long as you maintain the professional relationship with the company with which you apply for authorization and the percentage of such work with the Spanish company / s is a professional relationship (never work) and is not higher than 20 % of the total of his professional activity
  • What absences outside the national territory can a teleworker accumulate?

A maximum of six months may be absent per calendar year in order to continue to maintain the requirements for obtaining the authorisation

  • Can family members get an authorization/visa?

If, the spouse or person with a similar relationship of affection, minor or older children who, depending on the holder, have not formed a family unit themselves and dependent ascendants, who join or accompany foreigners may apply, jointly and simultaneously or successively, for authorization and, where appropriate, visa.

  • Should minimum financial resources be accredited?

Yes, the fourth additional provision of Law 14/2013 provides that residence permits authorise residence and work (both self-employed and employed).

  • Can family members work in Spain?

Yes, applicants for international teleworking visas or residence permits must prove that they have financial resources for themselves and their family members in accordance with the following amounts:

– Holders of visas and residence permits: amount representing monthly 200% minimum wage (SMI)

– Family units comprising two persons counting the holder and the person regrouped: at least 75% of SMI. A 25 will be required% of SMI for each additional member to the two persons mentioned.

These amounts can be credited among others with the contract, payroll, certificate of the company that moves etc.

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