What is an international teleworker?
A worker authorized to stay in Spain to carry out an employment or professional activity at a distance for companies located outside the national territory, through the exclusive use of computer, telematic and telecommunication means and systems.
Who can obtain an authorization as an international teleworker?
A national of a third state, of legal age. (Does not apply to European Union citizens or to those to whom European Union law applies.)
Can a freelancer be considered an international teleworker?
Yes, as long as he/she can prove a professional relationship through a commercial contract with the foreign company for which he/she works for a minimum of three months and the company authorizes the transfer to Spain.
Is registration with Social Security obligatory in Spain?
Yes, when working in Spain, the registration is obligatory and there are two possible cases:
- Employee: The company must register with the Social Security in order to be able to affiliate the teleworker here in the General Regime.
- Self-employed. The employee must register with the self-employed workers’ regime (RETA).
The requirement of registration with the Social Security may only be replaced by the importation of the right from the country of origin, provided that there is an international agreement on social security signed between Spain and that country and the social security administration of origin issues a document based on such agreement for teleworkers that provides temporary coverage in Spain.
It is important to note that only some of the countries with an agreement issue a certificate of coverage for teleworkers.
- If the company has a branch in Spain, can I affiliate them to social security through that company or import the right to social security from countries with an agreement based on such transfer?
In this case, they would not be considered teleworkers but workers transferred between companies or ICT (Intra Company Transfer) being governed by this figure and its specific requirements.
What other requirements are necessary?
Not to be irregularly present in Spain.
- No criminal record in Spain and in the country/countries where they have resided for the five years prior to the application (Certificate/s from the country where they have resided for the two years prior to the application and a sworn statement of no criminal record in the countries of residence for the last five years must be provided).
- To have public insurance (through registration with the Social Security) or an equivalent private health insurance arranged with an insurance company authorized to operate in Spain. Travel insurance, insurance limited to reimbursement of medical expenses, or insurance with waiting periods or co-payments are not valid.
- Have sufficient economic resources for themselves and their family members during their period of residence in Spain.
Can you perform other work in Spain?
Always on the premise that their work can only be performed 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 are teleworking.
- Professional relationship: You may work for a company located in Spain, as long as you maintain a professional relationship with the company with which you are applying for authorization and the percentage of such work with the Spanish company/s is a professional relationship (never employment) and does not exceed 20% of your total professional activity.
What absences outside the national territory can a teleworker accumulate?
They may be absent for a maximum of six months per calendar year in order to continue to meet the requirements for obtaining authorization.
Can family members obtain an authorization/visa?
Yes, the spouse or person with analogous relationship of affectivity, the minor or adult children who, depending economically on the holder, have not constituted a family unit by themselves and the dependent ascendants, who join or accompany the foreigners may apply, jointly and simultaneously or successively, for the authorization and, if applicable, for the visa.
Can family members work in Spain?
Yes, the fourth additional provision of Law 14/2013 establishes that residence authorizations authorize to reside and work (both self-employed and employed).
Is it necessary to prove minimum economic resources (means of living)?
Yes, the applicants of the visas or authorizations of residence of telework of international character will have to prove that they have economic resources for themselves and for the members of their family in accordance with the following amounts:
- Holders of visas and residence permits: amount representing 200% of the monthly minimum wage (SMI).
- Family units that include two persons counting the titular person and the regrouped person: at least 75% of the SMI. A 25% of the SMI will be required for each additional member in addition to the two persons mentioned above.
These amounts can be evidenced by a contract, payslips, certificate from the company that is moving the employee, etc.
Diana Caballero
CEO – Founding Partner
Martínez & Caballero Abogados
