On December 22nd of last year, Law 28/2022 of December 21st, on promoting the startup ecosystem, also known as the Startup Law, was published in the Official Gazette. Its aim is to create a regulatory framework to support the establishment and growth of startups in Spain.
In this context, the Startup Law promotes and develops a series of economic and social measures that favor the establishment in Spain of both entrepreneurs and employees known as “digital nomads”.
It’s no secret these days that it’s becoming more and more common for startup employees to work remotely, as it’s relatively easy to get a space with an internet connection that can offer the same service remotely. I’m here. I will do it personally.
This start-up law is therefore a novelty for international employees who want to serve companies located abroad from Spain due to the advantages offered by telework.
Specifically, the Act, in its fifth and final article, introduces new types of visas, residency and We have introduced a work permit (for international telework). Business Law).
The Startup Act defines a person in international telework residency as a national of a third country who is permitted to stay in Spain in order to carry out using only computer, telematic or telecommunication means. increase.
Employment activities: In this case, employees can only work for companies located outside the territory of the country.Also
Professional activity: Conversely, you can work for a company located in Spain, provided that your work does not exceed 20% of your total professional activity.
Apart from the general requirements regulated by the Entrepreneurship Act, the Startup Act creates a series of specific requirements for the stay or residence of international teleworkers, such as:
Proof that the company the employee is serving has had actual, ongoing activity for at least one year.
proof that the employment relationship can be exercised remotely;
Proof of the employee’s employment relationship with the company for at least the past three months prior to submitting the application, and company authorization for the employee to work remotely.
The Startup Act allows entry and stay in Spain for up to one year on a new type of visa. In addition, foreigners who regularly reside in Spain can apply for an international telework residence permit for up to three years, renewable for two years, as long as the conditions that gave rise to the right are maintained. Year.
Finally, the law considers a passport as a sufficient document to register for social security during the first six months of residence or stay if the alien does not have an alien identification number (NIE). , introduces another significant novelty. , without affecting subsequent applications to this.