MODIFICATION OF LAW 14/2013: International Smartworkers

SUMMARY OF THE MODIFICATION OF LAW 14/2013, OF SEPTEMBER 27, ON SUPPORT FOR ENTREPRENEURS AND THEIR INTERNATIONALIZATION, THROUGH THE FINAL PROVISION OF LAW 28/2022, OF DECEMBER 21, ON THE PROMOTION OF THE ECOSYSTEM OF EMERGING COMPANIES.

Article 61.1: International Smartworkers are included in this law.

Article 62.3.c): It is required to have no criminal record in Spain and in the countries where you have resided in the last 2 years (previously it was required for the last 5 years). Additionally, it is required to present a responsible declaration of the absence of criminal records of the last five years.

Article 67: Duration of the initial Residence Authorization for Investors becomes 3 years, and not 2 years as it was previously.

Article 68: Said article that contemplated the Visa for Entrepreneurs is DELETED

Article 69: Residence for entrepreneurs

This residence permit will be valid for three years, renewable for two years, being able to obtain permanent residence after five years.
It is added that the application must be submitted electronically to the Large Companies and Strategic Groups Unit.
It is added that in the event that the foreigner is outside of Spain, the application for authorization and visa will be made simultaneously through a single instance that will start the authorization and visa processing consecutively.

Article 70: Definition of entrepreneurial and business activity.

The instance that must issue the favorable report on the entrepreneurial activity will be ENISA.
It will be the Unit of Large Companies and Strategic Groups that will automatically request said report when the permit is presented, and this report must be issued within ten business days.
In the event that the foreigner is outside of Spain, once the authorization has been granted, they will request the corresponding residence visa.

The requirements for the assessment of entrepreneurial and business activity are modified as outlined:

The professional profile of the applicant and his involvement in the project. In the event that there are several partners, the participation of each of them will be evaluated, both those who request a visa or authorization and those who do not require it.
The business plan, which will include a description of the project, the product or service that it develops, and its financing, including the investment required and the possible sources of financing.
The elements that generate added value for the Spanish economy, innovation or investment opportunities.

Article 71: Highly qualified professionals.

This article is modified to indicate who can be eligible to request this type of permit. All the assumptions included in this article are eliminated and only graduates and postgraduates from universities and schools of recognized prestige remain, and higher-level professional training graduates and specialists with at least 3 years of experience are added.

The accreditation of compliance with the above requirements will be carried out only once, leaving the company registered in the Large Companies and Strategic Groups Unit. Said registration will be valid for three years, renewable if the requirements are maintained. Any modification of the conditions must be communicated to the Large Companies and Strategic Groups Unit within thirty days. In the event of not communicating said modification, the company will cease to be registered in the Unit.

The duration of the residence for highly qualified professionals becomes 3 years or equal to the duration of the contract, and not 2 years as previously, renewable for periods of 2 years, being able to obtain permanent residence after five years.

Article 72.3: The duration of the residence for research becomes 3 years or equal to the duration of the hosting agreement or contract if this is less, and not 2 years as previously, renewable for periods of 2 years, being able to obtain the permanent residence after five years.

Article 73.3 b): It is added that the duration of the National Residence Permit for intra-company transfer becomes 3 years or equal to the duration of the transfer.

Article 76: A fourth section is added indicating that the passport will be a sufficient supporting document to register with Social Security during the first six months of residence or stay in the categories regulated by this section and in those cases in which the foreigner does not is in possession of the foreigner identification number (NIE), without prejudice to the fact that the NIE is subsequently requested.

The Residence Authorization for Smartworkers is added through article 74 bis:

CHAPTER V BIS: International Smartworkers

Article 74 bis:

The national of a third State, authorized to remain in Spain to carry out a work or professional activity at a distance for companies located outside the national territory, through the exclusive use of telematics means and systems, is in a situation of residence by smartworking of an international nature. In the case of carrying out a work activity, the holder of the authorization for international smartworking may only work for companies located outside the national territory. In the event of exercising a professional activity, the holder of the authorization for international smartworking will be allowed to work for a company located in Spain, as long as the percentage of said work does not exceed 20% of the total of their professional activity.
Qualified professionals who can prove they are graduates or postgraduates from universities of recognized prestige, professional training and business schools of recognized prestige or with a minimum of three years’ professional experience may apply for a visa or smartworking authorization.
They must prove the following, in addition to the general requirements of article 62:

The existence of a real and continuous activity for at least one year of the company or group of companies with which the worker maintains a labor or professional relationship.
Documentation proving that the employment or professional relationship can be carried out remotely.
In the event of an employment relationship, the existence of the same between the worker and the company not located in Spain must be proven for at least the last three months prior to the submission of the application, as well as documentation proving that said company allows the worker to carry out the work activity remotely.
In the event of the existence of a professional relationship, it must be proven that the worker has a commercial relationship with one or more companies not located in Spain for at least the last three months, as well as documentation that proves the terms and conditions in those who are going to carry out their professional activity remotely.

Visa for international smartworking.

Non-resident foreigners in Spain, who intend to reside in Spanish territory in order to smartwork for a company not located in Spain, will apply for an international smartwork visa that will be valid for a maximum of one year, unless the period of work is less, in which case the visa will have the same validity as this one.
The international smartworking visa will constitute sufficient title to reside and work remotely in Spain during its validity.
Within a period of sixty calendar days before the expiration of the visa, international smartworkers who are interested in continuing to reside in Spain may request the residence permit for an international remote worker, as long as the conditions that generated the visa are maintained.

Residence for international smartworking:

Foreigners who are in Spain on a regular basis or who have accessed by means of a visa, may request a residence authorization in order to smartwork remotely for a company located abroad, which will be valid throughout the national territory.
The validity of this authorization will be valid for a maximum of three years unless it is requested for a shorter period of work.
The holders of this authorization may request its renewal for periods of two years as long as the conditions that generated the right are maintained.

Seventeenth additional provision: Residence authorization for the student to search for employment or to undertake a business project.

It may be requested for a maximum of 24 months, and not 12 as before.

Eighteenth additional provision: Residence permit for internships

The duration of the residence permit for internships with an internship agreement becomes 12 months equal to the duration of the internship agreement, if less. Previously it was for 6 months. It may be renewed only once, and the total period may not exceed 2 years. Previously it could not exceed the year.

A new twentieth additional provision is added:

Additional provision twenty: Development of instructions with the requirements for visas and residence authorizations referred to in this law.

The competent bodies are empowered to issue instructions with the specific requirements that applicants for the visas and residence permits referred to in this law must comply with.
For the elaboration of these technical instructions, the Government will constitute a working group in which the ministries with competences in the matter will participate. Said instructions must be prepared no later than March 31, 2023 and contain specific requirements adapted for applicants for visas and residence authorizations referred to in this law. The thresholds of the economic amounts used to evaluate the economic resources of the applicants will be referenced to the Minimum Interprofessional Salary (SMI).

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

Twenty-first additional provision: Foreigner Identity Numbers and Cards.

The issuance of the Foreigner Identity Number will be facilitated for applicants for residence authorizations granted under this law and persons who intend to carry out activities related to the objectives of this law. For this, a specific web page will be enabled for this group to request appointments online and it will be possible to count on various administrations and organizations for the face-to-face issuance.