Startups Act · 05

The Entrepreneurs Act and the remote-work visa

Ley 28/2022, fifth final provision: the amendments to the residence chapters of Law 14/2013, with the entrepreneur permit and its ENISA report, the highly qualified professional permit, three-year permits renewable for two, the passport as enough to register with Social Security, and the new visa and residence permit for international remote work.

Unofficial English translation from the Spanish by Voixa Consultors S.L. Alexander Baranov is responsible for the translation. Source: Ley 28/2022, de 21 de diciembre, de fomento del ecosistema de las empresas emergentes, consolidated text, BOE-A-2022-21739 ↗. Check wording, figures, dates and legal effect against the Spanish original before relying on this reading. Source snapshot: 5 November 2026.

This is the 2022 amending text, and Law 14/2013 has changed since. Each item below gives the wording this Act inserted into the Entrepreneurs Act, Law 14/2013 ↗, in December 2022. The most significant later change is that the investor residence route, the so-called golden visa, was abolished by Organic Law 1/2025 with effect from 3 April 2025 — so item Three, on the investor permit, no longer describes a route open to new applicants. For the routes available now, see our guide to residence after the golden visa. Read any provision against the current consolidated text of Law 14/2013 before relying on it.

The routes this provision shaped

For a founder from outside the EU, this is the most practical provision in the Act. It created the visa and residence permit for international remote work, the route widely called the digital nomad visa, in a new chapter V bis of Law 14/2013. It rewrote the entrepreneur permit so that the decisive step is a favourable report from ENISA, due within ten working days. And it set the initial period of the main permits at three years, renewable for two, with permanent residence after five.

Final provisions

Fifth final provision. Amendment of Law 14/2013 of 27 September on support for entrepreneurs and their internationalisation

Law 14/2013 of 27 September on support for entrepreneurs and their internationalisation is amended as follows:

One. Paragraph 1 of article 61 is worded as follows:

«Article 61. Entry into and stay in Spain for reasons of economic interest.

1. Foreigners who intend to enter or reside, or who already reside, in Spain shall have their entry into and stay in Spanish territory facilitated for reasons of economic interest in accordance with this section, in cases where they show that they are:

a) Investors.

b) Entrepreneurs.

c) Highly qualified professionals.

d) Researchers.

e) Workers making intra-company transfers.

f) International remote workers.»

Two. Letter c) of paragraph 3 of article 62 is worded as follows:

«Article 62. General requirements for stay or residence.

c) Having no criminal record in Spain or in the countries where they have resided during the last two years, for offences provided for in Spanish law. In addition, a responsible declaration of the absence of a criminal record for the last five years shall be submitted.»

Certificates for two years, a declaration for five. Applicants must show a clean record in Spain and in every country of residence over the last two years, and then sign a declaration covering five. A founder who has moved between several countries needs a certificate from each one in the two-year window.

Three. Paragraph 1 of article 67 is amended.

«1. The initial residence permit for investors shall have a duration of three years, without prejudice to the provisions of article 66.3 for property purchases not yet formalised.»

Four. Chapter III of section 2 of title V, on entrepreneurs and business activity, is amended:

1.º Article 68 is deleted and the following articles are amended in their current numbering.

2.º Article 69 is worded as follows:

«Article 69. Residence for entrepreneurs.

1. Foreigners who apply to enter Spain, or who, holding a stay or residence permit or a visa, intend to start, develop or direct an economic activity as an entrepreneur, may be granted a residence permit for business activity, which shall be valid throughout the national territory and shall be valid for three years. Once that period has been completed, they may apply for renewal of the residence permit for two years, and may obtain permanent residence after five years.

The application for an entrepreneur residence permit shall be made by the person concerned or through a legal representative, electronically, to the Large Companies and Strategic Groups Unit.

Where the foreigner is outside Spain, the application for the permit and the visa shall be made simultaneously through a single application, which shall initiate the processing of the permit and the visa consecutively.

2. Applicants must meet the general requirements provided for in article 62 and the legal requirements necessary for commencing the activity, which shall be those established in the corresponding sectoral rules.»

3.º Article 70 is worded as follows:

«Article 70. Definition of entrepreneurial and business activity.

1. Entrepreneurial activity means activity that is innovative and/or of special economic interest for Spain and which, for that purpose, has a favourable report issued by ENISA.

The application shall be addressed to the Large Companies and Strategic Groups Unit, which shall of its own motion request a report on the entrepreneurial and business activity from ENISA. This report, which is mandatory, shall be issued within ten working days.

Where the foreigner is outside Spain, once the permit has been granted, they shall apply for the corresponding residence visa.

2. In assessing the entrepreneurial and business activity, the following shall be taken into account:

a) The professional profile of the applicant and their involvement in the project. Where there are several partners, the participation of each of them shall be assessed, both of those applying for a visa or permit and of those who do not require one.

b) The business plan, which shall include a description of the project, of the product or service it develops, and of its financing, including the investment required and the possible sources of financing.

c) The elements generating added value for the Spanish economy, innovation or investment opportunities.»

This ENISA report is not the startup certification. Article 70 requires a favourable ENISA report on the activity for the entrepreneur residence permit. It is a separate assessment, with its own criteria in paragraph 2 — the applicant’s profile and involvement, the business plan and its financing, and the added value for Spain — from the certification of a startup under article 4 of this Act on the first page. A project can need one, the other, or both.

Every partner is looked at, not only the applicant. Letter a) of paragraph 2 assesses the participation of each partner in the project, including those who need no permit. A business plan in which the foreign applicant’s role is nominal will be read that way.

Five. Article 71 is amended and worded as follows:

«Companies requiring the incorporation in Spanish territory of foreign professionals who are graduates or postgraduates of universities and business schools of recognised prestige, holders of higher vocational training qualifications, or specialists with professional experience of a comparable level of at least 3 years, on the terms established in the instructions referred to in the twentieth additional provision of this Act, may apply for a residence permit for highly qualified professionals, which shall be valid throughout the national territory.

Evidence of compliance with the foregoing requirements shall be provided only once, the company being entered with the Large Companies and Strategic Groups Unit. That entry shall be valid for three years, renewable if the requirements continue to be met. Any change in the conditions must be notified to the Large Companies and Strategic Groups Unit within thirty days. If that change is not notified, the company shall cease to be entered with the Unit.

The residence permit for highly qualified professionals shall be for three years or equal to the duration of the contract, if shorter. Once that period has been completed, renewal of the residence permit for two years may be applied for, and permanent residence may be obtained after five years.»

Three years of experience can stand in for a degree. The permit is open to graduates and postgraduates of recognised institutions, holders of higher vocational qualifications, and specialists with at least three years of comparable professional experience. It is the employer, not the professional, that applies, and the employer’s entry with the Unit lapses if a change in conditions is not notified within thirty days.

Six. Article 72.3 is amended and worded as follows:

«3. The period of validity of a residence permit for research shall be three years or equal to the duration of the hosting agreement or contract, if shorter. Once that period has been completed, renewal of the residence permit for two years may be applied for, and permanent residence may be obtained after five years, in accordance with article 75.2.»

Seven. Letter b) of article 73.3 is amended and worded as follows:

«b) National residence permit for intra-company transfer: this permit shall be granted in cases not covered by letter a), or once the maximum duration of the transfer provided for in the preceding paragraph has elapsed. The period of validity of the residence permit shall be three years or equal to the duration of the transfer.»

Eight. A fourth paragraph is inserted in article 76:

«Article 76. Authorisation procedure.

4. The passport shall be a sufficient document for registering with Social Security during the first six months of residence or stay in the categories regulated by this section and in cases where the foreigner does not hold a foreigner’s identification number (NIE), without prejudice to the NIE being applied for subsequently.»

Six months to obtain the NIE. A holder of any of these permits can register with Social Security, and so start working, on a passport alone during the first six months. The NIE is still needed — the provision says so — but its absence no longer blocks the first day of work.

Nine. A new chapter V bis is introduced in section 2 of title V, worded as follows:

«CHAPTER V BIS

International remote workers

Article 74 bis. Definition.

1. A national of a third State authorised to remain in Spain in order to carry on an employment or professional activity remotely for companies based outside the national territory, through the exclusive use of computer, telematic and telecommunications means and systems, is in a situation of residence for international remote work. In the case of an employment activity, the holder of the international remote-work permit may work only for companies based outside the national territory. In the case of a professional activity, the holder of the international remote-work permit shall be allowed to work for a company located in Spain, provided that the percentage of that work does not exceed 20 % of their total professional activity.

2. Qualified professionals who show that they are graduates or postgraduates of universities of recognised prestige, of vocational training and of business schools of recognised prestige, or who have a minimum of three years’ professional experience, may apply for the remote-work visa or permit.

Article 74 ter. Requirements.

In addition to the general requirements in article 62, the following must be evidenced:

a) The existence of real and continuous activity for at least one year of the company or group of companies with which the worker has an employment or professional relationship.

b) Documentation evidencing that the employment or professional relationship can be carried out remotely.

c) In the case of an employment relationship, the existence of that relationship between the worker and the company not located in Spain during at least the last three months before the application is submitted must be evidenced, together with documentation evidencing that the company allows the worker to carry out the work remotely.

d) In the case of a professional relationship, it must be evidenced that the worker has had a commercial relationship with one or more companies not located in Spain during at least the last three months, together with documentation evidencing the terms and conditions on which the professional activity will be carried out remotely.

Article 74 quater. Visa for international remote work.

1. Foreigners not resident in Spain who intend to reside in Spanish territory in order to work remotely for a company not located in Spain shall apply for the visa for international remote work, which shall be valid for a maximum of one year, unless the period of work is shorter, in which case the visa shall have the same validity as that period.

2. The visa for international remote work shall constitute sufficient title to reside and work remotely in Spain during its validity.

3. Within sixty calendar days before the visa expires, international remote workers wishing to continue residing in Spain may apply for the residence permit for international remote workers, provided that the conditions that gave rise to the right are maintained.

Article 74 quinquies. Residence for international remote work.

1. Foreigners who are in Spain lawfully, or who have entered by means of the visa provided for in the preceding article, may apply for a residence permit in order to work remotely for a company located abroad, which shall be valid throughout the national territory.

2. This permit shall be valid for a maximum of three years, unless a shorter period of work is applied for.

3. Holders of this permit may apply for its renewal for periods of two years, provided that the conditions that gave rise to the right are maintained.»

An employee cannot work for a Spanish company at all; a freelancer up to 20 per cent. Article 74 bis distinguishes the two. An employed remote worker may work only for employers based outside Spain. A self-employed professional may take Spanish clients, but no more than 20 per cent of their total professional activity. A founder who holds this permit as an employee and then takes a job with their own Spanish company is outside its terms.

The employer must be at least a year old, and the relationship three months. Article 74 ter requires the foreign company or group to have had real activity for at least a year, and the applicant to have worked for it, or for foreign clients, for at least the last three months. A contract signed shortly before applying does not meet letter c) or d).

Visa from abroad, permit from inside Spain. The visa in article 74 quater is applied for from outside Spain and lasts up to a year; the residence permit in article 74 quinquies is applied for from inside Spain — by someone already lawfully there, or by a visa holder within the sixty days before the visa expires — and lasts up to three years, renewable for two at a time. The permit holder is also one of the people who may opt into the impatriate regime under article 93 of the Personal Income Tax Act, as rewritten on the previous page.

Ten. Paragraph 1 of the seventeenth additional provision is amended and worded as follows:

«1. Once their studies at a higher education institution have been completed, foreigners who have reached at least Level 6 of the European Qualifications Framework, corresponding to a bachelor’s degree, may remain in Spain for a maximum, non-extendable period of twenty-four months in order to seek suitable employment in relation to the level of the studies completed, or to undertake a business project.»

Eleven. Paragraph 6 of the eighteenth additional provision is amended and worded as follows:

«6. The period of validity of this residence permit for traineeships shall be twelve months or equal to the duration of the traineeship agreement, if shorter. This permit may be renewed once only, and the total period of the initial permit and its extension may not exceed two years. In the case of an employment contract for traineeship, the duration shall be that provided for in the contract and governed by the employment legislation applicable from time to time.»

Twelve. A new twentieth additional provision is added, worded as follows:

«Twentieth additional provision. Development of instructions with the requirements for the visas and residence permits referred to in this Act.

The competent bodies are empowered to issue instructions setting out the specific requirements to be met by applicants for the visas and residence permits referred to in this Act.

For the preparation of these technical instructions, the Government shall set up a working group in which the ministries with competence in the matter shall take part. Those instructions must be drawn up by 31 March 2023 at the latest and contain specific requirements adapted to the applicants for the visas and residence permits referred to in this Act. The thresholds of the economic amounts used to assess applicants’ financial resources shall be referenced to the Minimum Interprofessional Wage (SMI).»

The income thresholds are not in the Act. The financial-means requirement for these permits is set by instructions under this provision, expressed as a multiple of the minimum wage. As the minimum wage rises, so does the amount an applicant must show. The figure in force at the time of applying is the one that counts, and it has to be taken from the current instructions, not from this text.

Thirteen. A new twenty-first additional provision is added in the following terms:

«Twenty-first additional provision. Foreigner’s Identity Numbers and Cards.

The issue of the Foreigner’s Identity Number shall be facilitated for applicants for residence permits granted under this Act and for persons intending to carry on activities related to the objectives of this Act. To that end, a specific website shall be set up for this group to request appointments online, and various administrations and bodies may be involved in the in-person issue of Foreigner’s Identification Numbers.»

Where this sits

The last page in this series covers the remaining final provisions: the public country-by-country tax reporting duty added to the Audit Act for groups with turnover above 750 million euros, the provision that lets this Act displace conflicting rules for startups, the mandate for startup model articles, and entry into force.

Nothing here is advice on your own position, and this reading is not the official text. Spain publishes no official English version of this Act; where the wording matters to a decision, read it against the Spanish original linked above.