The digital nomad visa in 2026, from South Tenerife: the real requirements, the Social Security trap and the two doors in
The conversation has changed at our desk in Costa Adeje. Five years ago the people asking about residence had sold a business or retired. Now the question comes from a software engineer employed in London, a designer with clients in Berlin and Toronto, a product manager whose company let the whole team go remote and never called it back. They have done the arithmetic of the 90/180 rule and lost, they do not live on savings, and they have read a dozen websites quoting a dozen different income figures. The visa they are describing is the international teleworker visa — the "digital nomad visa" of the headlines — created at the end of 2022 by the Startups Act, which inserted a new chapter into Law 14/2013, the entrepreneurs' law.
This piece reads that route from three primary texts: the articles of Law 14/2013 as they stand today, the joint instruction of 30 March 2023 in which the two directorates that decide these files fixed their practical criteria, and the document list and FAQ that the Unit for Large Companies and Strategic Groups (the UGE) publishes for applicants. Then it walks through what actually happens from the south of Tenerife once the resolution arrives. It is the companion to our piece on the non-lucrative visa, which is the route for people who do not work, and to our overview of NIE, residency and the routes that remain now that the golden visa is closed to new applicants.
Who the visa is for — and the 20 % rule
Article 74 bis of Law 14/2013 defines the situation in one sentence: a national of a non-EU country authorised to remain in Spain to carry out an employed or professional activity at a distance, for companies located outside the national territory, through the exclusive use of computer, telematic and telecommunication means. The definition does three things at once.
It excludes EU citizens and their equivalents (article 61.2) — they need no visa. It splits applicants into two families with different rules: an employee with this authorisation may work only for companies located outside Spain; a professional (a freelancer with commercial contracts) may also work for a company in Spain provided that work does not exceed 20 % of his or her total professional activity — the "80/20 rule" of the forums, which exists only for the self-employed. And it fixes the qualification: article 74 bis.2 admits graduates or postgraduates of universities of recognised prestige, vocational training and business schools of recognised prestige, or with a minimum professional experience of three years.
The unit reads "exclusive use of telematic means" strictly. Its FAQ says the functions of the post must not require on-site supervision or management of production, human-resources control, sales visits and so on, and warns that it may ask about the company's size, activity and structure to decide whether the job can genuinely be done from a terrace in Adeje. Two related exclusions matter: a company that already has a branch or establishment in Spain cannot use this route for its staff — that is an intra-company transfer, with its own articles (73 and 74) — and the joint instruction repeats it in so many words.
The company and the relationship: one year and three months
Article 74 ter adds four specific requirements to the general ones. First, the company or group the applicant works for must show a real and continuous activity for at least one year; the unit wants the official certificate of the commercial registry, or its equivalent, in the company's country. Second, documentary proof that the relationship can be carried out remotely. Third, for an employee, an employment relationship with the foreign company for at least the last three months before the application, plus documents showing the company allows the work to be done at a distance. Fourth, for a freelancer, a commercial relationship with one or more foreign companies for at least the last three months, plus the terms and conditions under which the activity will be carried out remotely.
The unit's document list turns the second and third requirements into a single, decisive piece of paper: a letter from the foreign company authorising the work from Spain, describing the post and its main functions, declaring expressly that it can be performed by telematic means, stating the salary in euros and the remaining conditions. Its own note deserves quoting because it sinks files every month: proof of an employment relationship does not serve to prove a professional one, and vice versa — a freelancer cannot dress a client as an employer, nor the other way round.
There is a third profile the unit treats separately: the founder who works remotely for his or her own company abroad. If the applicant owns the company outright, or controls it, the seniority of the relationship is taken for granted once the 100 % ownership and more than a year of real activity are shown — but the file must add the proof of ownership or control, the company's last corporation-tax return, evidence of investment in productive means and a report from the home social-security body showing the company's history of registered employees. A shell company with no staff and no accounts is exactly what those four documents are designed to expose.
The money in 2026: 200 % of the minimum wage — and the two ways of counting it
The Act asks only for sufficient economic resources for the applicant and the family (article 62.3.f). The figure comes from the joint instruction of 30 March 2023, repeated word for word in the unit's document: the holder must show a monthly amount representing 200 % of the minimum interprofessional wage (the SMI); a family of two, the holder plus one member, at least 75 % of the SMI more; and 25 % of the SMI for each additional member. The amounts are gross, before any withholding.
The SMI for 2026 was fixed by Royal Decree 126/2026, published on 19 February with effect from 1 January: €1,221 a month in fourteen payments, which the decree itself translates into a floor of €17,094 a year. That is where the "dozen different figures" come from, because 200 % can be read two ways:
- On the annual figure, which is how the consulates state it — one consular checklist we have read expresses the rule directly against the year's gross SMI — 200 % is €34,188 a year, €2,849 a month. A couple needs about €3,917 a month; each further family member adds about €356.
- On the fourteen-payment monthly figure, 200 % would be €2,442 a month, €3,358 for a couple and €305 per additional member.
The unit's own English FAQ prints the rule as "200 % of the SMI per month" and quotes €1,221 as the base, which is the second reading; the practice we see, and the consular wording, follow the first. Our advice is not to litigate the arithmetic in the file: build it on €2,849, and if your income sits between the two readings, use the savings rule below to cover the gap.
How the money is proven is set out in the unit's list. Payslips or invoices of the three months before the application, showing the income from the contract on which the file rests; a bank certificate in the applicant's name, stamped or signed by the bank, for the same three months, matching those payslips or invoices — with the movements that correspond to them expressly marked; and, if the income falls short of the minimum, updated certificates from Spanish or foreign banks proving savings or other liquid income that cover, for the whole validity of the authorisation, the difference between what is earned and what is required. Owner-directors who cannot produce payslips file their last personal income-tax return instead. The instruction adds the principle behind all of it: any admissible evidence, analysed case by case, and the ownership, lawfulness and availability of the funds must be shown.
The Social Security question that decides more files than the money
This is the part most applicants discover late, and the unit's FAQ opens it with a question that answers itself: is it compulsory for the teleworker to register with Social Security in Spain? Yes. The work is performed from Spain, so Spanish registration is compulsory under the General Social Security Act, and the joint instruction says there is no speciality whatsoever for teleworkers in the rules on company registration, registrations, deregistrations and contributions. Three situations follow.
An employee must be registered by the employer in the General Scheme. The foreign company therefore has to register with the Spanish Social Security as a non-resident company without a workplace in Spain and commit, in the file, to register the worker once the authorisation is granted and before the activity starts. For visa applications made from abroad the instruction accepts proof that the registration has been applied for.
A freelancer must register in the self-employed scheme, the RETA, once the authorisation is granted and before starting. The unit's FAQ is categorical: for the self-employed, registration in RETA is compulsory and importing the right under a bilateral agreement is not possible.
A worker who stays in the home system — the only exception, and only for employees in the unit's reading — must produce the certificate of applicable legislation issued by the home social-security institution under a bilateral or multilateral agreement Spain has signed, and the certificate must state expressly that it covers remote work from Spain. Mere applications for that document are not accepted. Spain's compilation of bilateral agreements runs to more than twenty countries — among them the United States, Canada, Australia, Japan, Korea, Morocco, Brazil, Argentina and Mexico — and the United Kingdom is coordinated through the social-security protocol attached to the EU–UK Trade and Cooperation Agreement. Whether your institution will issue a certificate for remote work from Spain, and for how long, is a question to ask it before the file is built, not after.
The consequence of getting this wrong is not a fine. The Act's seventh additional provision obliges holders to maintain the conditions of admission throughout, to notify the unit of any change within thirty days, allows the administration to run whatever checks it considers appropriate and, if the conditions are not met, to extinguish the visa or authorisation, with reasons and after hearing the holder. The unit's FAQ applies it without euphemism: a freelancer who does not register in RETA immediately after the grant and is caught in a later review loses the authorisation — and so do the dependants. Two practical helps exist. The passport alone is enough to register with Social Security during the first six months, before a NIE is issued (article 76.5). And the unit points freelancers to a PAE, a business support point, which can process the tax and social-security registrations in one electronic act.
Two doors: the consulate visa or the application from Tenerife
The route has two instruments, and choosing the wrong one costs months.
The visa (article 74 quater) is for people who are not resident in Spain. It is requested at the Spanish consulate of the country of residence, lasts at most one year (or the duration of the work, if shorter), and is itself sufficient title to reside and work remotely in Spain while it lasts. The unit's FAQ closes the other path expressly: from abroad you cannot apply for the residence authorisation directly. In the sixty calendar days before the visa expires, a holder who wants to stay applies for the residence authorisation, provided the conditions still hold.
The residence authorisation (article 74 quinquies) is for people who are in Spain regularly — including within a visa-free stay — or who entered with the visa. It is valid throughout Spain for up to three years (or the period of work, if shorter) and is renewed for two-year periods while the conditions that generated it are maintained. It is filed electronically, by the applicant or a representative, and processed by the UGE; the Directorate-General for Migration decides within twenty days of the electronic filing and, if it does not, the authorisation is deemed granted by administrative silence (article 76.1). The fee is €73.26 per applicant, paid online before filing. Filing has one more effect that matters to people already here: the application extends the validity of the stay or residence the applicant holds until the procedure is decided. A refusal is challenged by an appeal to the superior authority — the recurso de alzada — under the general administrative procedure.
Two changes of status are worth knowing. The holder of a non-lucrative residence cannot switch to this one by saying that he or she "was already working remotely": the non-lucrative authorisation does not allow work, and the unit's FAQ reminds applicants that working without authorisation is an infringement under the Immigration Act. A student whose study permit allows work can switch, if registered with Social Security from the day the foreign company started paying.
Renewal. The renewal is requested electronically for two years at a time; filing it extends the old authorisation until the decision, and so does filing it within the ninety days after expiry — at the price of a possible sanction file (article 76.3). The Directorate-General may request the reports it needs to verify that the conditions still hold, and the instruction says the renewal checks the maintenance of the conditions that justified the grant: the same company, the same relationship, the same income, and — this is where files fail in 2026 — a Social Security record that shows contributions since the first day. Five years of legal residence open the door to long-term residence, in broad terms, as they do for the other authorisations of the Act.
The rest of the file
Article 62.3 lists what every applicant in this section must show, and the instruction and the unit's list turn it into documents.
- No irregular stay in Spain and eighteen years of age (62.3.a and b).
- Criminal records: a certificate from the country or countries where you have lived in the last two years, plus a signed declaration that you have no record in the countries of the last five — legalised or apostilled and translated by a sworn translator. Not needed if you already hold a Spanish residence or stay authorisation of more than six months. The consulates add their police check: the Directorate-General of Police answers within seven days, and silence counts in your favour (62.6).
- Health insurance, public or private, with an insurer authorised to operate in Spain (62.3.e), active for the whole validity. The instruction rules out travel policies; the unit's list also refuses policies limited to reimbursement, policies with co-payments and policies with waiting periods. If you will register with the Spanish Social Security once granted, the commitment to do so replaces the insurance requirement; if you stay in a home system whose agreement covers healthcare, the certificate of entitlement from that institution serves.
- The relationship and the company: the contract or contracts, the registry certificate, the employer's letter.
- Qualification: the degree, or the proof of three years' experience in analogous functions — the unit accepts an official employment history from the home authority matching company certificates that state dates, functions and real activity, or a certificate of professional competence. A regulated profession needs the Spanish recognition of the title or a notarised declaration that it will not be practised in Spain.
- A CV, in simple translation; the full passport; the fee.
- Form. Foreign public documents are legalised or apostilled and translated by a translator authorised by the Foreign Ministry; EU public documents travel under Regulation 2016/1191; and social-security certificates are exempt from both legalisation and translation, because the coordination rules say so.
The family
Article 62.4 lets the spouse or unregistered partner, minor children, adult children who depend on the holder and have not formed their own family, and dependent ascendants apply jointly and simultaneously, or successively, on the same requirements; simultaneous files are decided together. The unit's family document fills the gaps: an unregistered partner proves a year of continuous cohabitation (joint accounts, the same address on the padrón, a joint lease, mortgage or title, a joint business — two of them, as examples) or a child in common; children between eighteen and twenty-six prove no income, studies or registered job-seeking, and that they are unmarried; over twenty-six, a disability; ascendants, a real and stable dependence not provoked in order to obtain residence.
The money rises with each member, as above. And here is the difference from the non-lucrative route that decides many couples: the family's authorisations are single permits, so the spouse and children may work in Spain, employed or self-employed, without restriction — the unit's FAQ says so, citing the Act's fourth additional provision.
The Tenerife part: what happens after the resolution
The decision arrives electronically. From that day the calendar is local.
The card. Anyone authorised for more than six months must apply for the TIE, the foreigner identity card, in person, within one month of entry or of the grant (article 209 of the immigration regulation approved by Royal Decree 1155/2024; article 76.2 of the Act). Fingerprints and collection are done by appointment at the National Police station that serves your municipality — for the south of the island that is, in practice, the station in Costa Adeje, on Avenida de los Pueblos, listed in the police directory as the Tenerife South office. Book the appointment the day the resolution arrives; the slots, not the law, are the bottleneck.
The padrón. Register at your town hall — Adeje, Arona, Granadilla, San Miguel de Abona, Guía de Isora — as soon as you have a lease. It is the address every administration uses, the document the unit accepts as proof of cohabitation for a partner, and the first thing the health service and a school will ask for.
Social Security. Employees are registered by their employer under the company's Spanish contribution account; freelancers register in RETA themselves, online with a digital certificate or through a PAE, a business support point — the ministry keeps an online locator of them. Do it before the first day of work from Spain, and keep the proof: it is the document the renewal will turn on.
Tax. More than 183 days in a calendar year makes you a Spanish tax resident, in broad terms, with worldwide income taxed here. Employees with this visa are named in the Personal Income Tax Act as eligible, if the other conditions are met, for the special regime for inbound workers — no Spanish tax residence in the previous five years, a flat 24 % on employment income up to €600,000 for the year of arrival and the five following, 47 % above (article 93). Freelancers are not in that list by virtue of the visa; their tax position — and, in the Canaries, the indirect tax on their invoices, which is the IGIC rather than VAT — is a conversation to have with a tax adviser before the first invoice, not with us. If the plan later becomes a Spanish company or a Spanish employer, that is a different authorisation and a different piece.
The clock. The Canary Islands keep the same time as London, Dublin and Lisbon, one hour behind Madrid. A working day in Costa Adeje overlaps a London day completely and a New York day from early afternoon — which is, in the end, why the engineer from London is sitting in front of us.
The mistakes that sink files
- Counting the money on the wrong base, or as a family total. €2,849 gross a month for the holder, plus the family supplements, shown in three months of payslips or invoices and three months of matching bank certificates.
- A relationship younger than three months, or a company younger than a year — or older, but without the registry certificate that proves it.
- A "remote" job that is not remote: sales visits, site supervision, a role the unit decides needs a presence in the home office.
- An employer with an establishment in Spain. That is an intra-company transfer, not this visa.
- A Social Security file made of promises. A certificate of coverage "applied for" is refused; a foreign employer that has not registered in Spain cannot commit to register you.
- Not registering after the grant. The FAQ's word is extinction, for the holder and the family.
- The wrong policy: travel insurance, reimbursement-only cover, co-payments, waiting periods.
- Knocking on the wrong door: applying for the authorisation from abroad, or letting the visa run out without filing in its last sixty days.
- Working for Spanish clients as an employee, or above 20 % as a freelancer.
- Forgetting the small clocks: one month for the card, thirty days to report any change of conditions to the unit, ninety days' grace — with a sanction file — after an expired authorisation.
The digital nomad visa is not a lifestyle product. It is a work authorisation whose two pillars are a real foreign employer or client and a Spanish Social Security record — the money is the easy part.
Our residency and immigration team builds the file against the unit's current list, checks the Social Security route with your home institution before anything is filed, and takes the local steps — card, padrón, registrations — from Costa Adeje. Tell us where you work and where you want to live.
Common questions
How much income do I need for Spain's digital nomad visa in 2026?
The rule is 200 % of the minimum interprofessional wage a month for the holder, plus 75 % of the wage for the first family member and 25 % for each further member, all gross. With the 2026 wage at €1,221 a month in fourteen payments — €17,094 a year — the consular reading gives €2,849 a month for the holder and about €3,917 for a couple; the strict monthly reading gives €2,442. Build the file on the higher figure and cover any gap with savings certificates.
Can I apply from Tenerife while I am here as a visitor?
Yes. The residence authorisation of article 74 quinquies is open to foreigners who are in Spain regularly, which includes a visa-free stay. It is filed electronically with the UGE, decided within twenty days — silence means granted — and the filing itself extends your stay until the decision. From abroad, the route is the one-year visa at the consulate, followed by the authorisation requested in the visa's last sixty days.
Do I have to pay Spanish Social Security?
Yes, unless you are an employee whose home institution issues a certificate of applicable legislation under an agreement with Spain that expressly covers remote work from Spain. Otherwise your employer registers in Spain and enrols you, or you register as self-employed in RETA before starting. Not doing so is a ground for extinguishing the authorisation.
Can my partner and children work in Spain?
Yes. Family members admitted with the holder receive single permits that allow them to work, employed or self-employed, without restriction — one of the practical differences from the non-lucrative visa. The family raises the income requirement by 75 % of the minimum wage for the first member and 25 % for each further one.
What tax will I pay as a digital nomad in Spain?
Living here more than 183 days in a year makes you a tax resident, in broad terms. Employees who hold this visa are expressly eligible for the special inbound-workers regime — a flat 24 % on employment income up to €600,000 for six tax years — if they have not been Spanish tax residents in the previous five. Freelancers do not qualify through the visa itself, and in the Canaries their invoices carry IGIC rather than VAT. Plan it with a tax adviser before the first invoice.
This article is general information about Spanish immigration law as it stands at the date of publication, not legal advice for your specific situation. The income figures follow the 2026 minimum wage and the unit's published criteria, both of which change; have your file reviewed against the current list before it is submitted.
This note is general information, not legal advice. For advice on your specific situation, consult a lawyer.
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