Employee or freelancer, how the nomad route treats each

Key rules

• Qualification: Employees and freelancers face the same test: a degree or three years of experience.
• Employee tenure: Employees need at least 3 months with the company before applying.
• Freelancer cap: Freelancers can earn at most 20% of their professional income from Spanish clients.
• Company age: The foreign company must have operated for at least one year, with documents to prove it.
• Owners: If you own a large share of the company, the authority decides whether the relationship is genuine.

Which type are you?

You apply either as an employee of a foreign company or as a freelancer. The two share one qualification test but differ on tenure, the company rules and the proof.

If you are an employee

Show your 3 months with the company with an employment contract or a letter from your employer.

The company must be outside Spain and must have been operating for at least one year. You need documents proving it exists and is active.

If you are a freelancer

The 20% limit on Spanish clients is measured against your total professional income over the 12 months before you file. Prove it with client contracts, invoices and tax or bank records showing the share of your income from Spanish clients. Your invoices and professional history also show your relationship with your clients.

If you own or hold shares in the company

You can in principle use the route, because it allows both company workers and the self-employed. Limits apply if you hold a large share of the company. Be ready to show your share and the work you really do.

If you do both employed and freelance work

Prepare the proof for each type separately: contract and employer letter for the employed part, and contracts, invoices and records for the freelance part. Keep the Spanish-client share of your freelance income within the limit above.

If your mix changes

A change of employer or clients before you apply can affect your tenure and income share.

If you are moving with a spouse

Your spouse can apply with you or later; the added income and the conditions are on Bringing a partner and children on the digital nomad route.

Documents you need

• Employees only: your employment contract or an employer letter.

• Documents proving your company has existed and been active for at least one year.

• Client contracts, invoices and proof of your professional history. Freelancers only.

• Freelancers only: your tax or bank records.

What if your employer or client mix changes before you apply?

The tests are checked against the contracts you have on the day you file. A change before or during filing can restart your clock or break a test. Check the effect before you sign anything new.

You change employer before you apply

Count your 3 months from the start date with the new company. The test looks at your relationship with the company, so a different employer means starting the 3 months again.

The practical move is to file before you switch, or wait until you have 3 months with the new employer and the paperwork to show it.

You lose a client, or a new one arrives

This matters most if you are self-employed. Most of your work must come from clients outside Spain, and work from Spanish sources is capped. Losing a foreign client can push the Spanish share over that cap even if you have not taken on any new Spanish work. Taking on a Spanish client can do the same.

Before filing, add up your income by client and check the Spanish share. Your contracts and recent bank statements need to show the same picture.

Your contract changes before you file

A change to your salary, duties or remote-work terms can break a test. Income may fall below the required level. The contract may stop showing that remote work is allowed. The job may stop being remote and professional. Get the new contract or an amendment in writing and check that it still shows these points. Old payslips and the new terms must not contradict each other.

Something changes after you have filed

Tell the immigration office handling your file about material changes: a new employer, a lost client, a new contract, a different salary or different remote-work terms. They may ask for updated documents.

• Requirements still met: you normally file the new documents in the open file.
• Requirements no longer met: the application can be refused. Examples are a Spanish client share above the limit, income below the required level, or work that is no longer remote.

If the application is refused

A refusal does not usually stop you from applying again once the problem is fixed. You can also challenge the decision. You have 1 month from notification to file an optional appeal with the same body, or 2 months to go straight to the courts. The court route normally needs a lawyer.