We are receiving an increasing number of inquiries from international students who, while pursuing higher education in Spain, work for a foreign company or provide services as independent professionals to clients located abroad and later wish to apply for a Digital Nomad Residence Permit.
In these cases, the main question is usually not whether they are eligible to apply, but whether they meet all the requirements established by the Large Companies and Strategic Groups Unit (UGE-CE). One particular requirement, related to Social Security, deserves special attention.
⏺️ Transit from Student stay to Digital Nomad Residence Permit
If you hold a higher education student residence authorization under Article 52.1.a) of Royal Decree 1155/2024 and meet the remaining requirements for the Digital Nomad Residence Permit, you may submit your application from within Spain.
This type of student authorization allows you to work as either an employee or a self-employed professional, provided that your activity is compatible with your studies. However, the mere fact that you are authorized to work does not automatically mean that any work arrangement will qualify you for a Digital Nomad Residence Permit.
💡 If your student authorization is not covered by Article 52.1.a) of Royal Decree 1155/2024, you must first obtain the corresponding work authorization before starting any employed or self-employed activity.
⏺️ The importance of Social Security Registration
Most applicants focus on demonstrating that the foreign company meets the required period of incorporation, that their employment or service agreement satisfies the legal requirements, or that they meet the applicable income thresholds.
However, there is another aspect that is often overlooked and may be equally important: whether the professional activity has been carried out in compliance with the applicable Social Security obligations from the very beginning.
In our view, where the employment relationship with a foreign company—or the provision of services as an independent professional—begins while the applicant already holds a higher education student authorization that permits work, that activity should comply with the applicable employment and Social Security regulations from the outset.
Accordingly, we consider that registration with the appropriate Spanish Social Security scheme should not take place only when the applicant decides to apply for a Digital Nomad Residence Permit. Instead, it should have been completed from the moment services were first provided to the foreign employer or international clients.
This is an issue that should be carefully reviewed before submitting the application, as it may affect the overall assessment of the case.
⏺️ How ARC Legal Abogados can help
At ARC Legal, we review every case in advance to ensure that all legal requirements are met before the application is submitted.
If you are currently an international student working for a foreign company or providing services as an independent professional, we can assess whether you are eligible for a Digital Nomad Residence Permit and help you determine the most appropriate legal strategy for your circumstances.
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¿Prefieres leer este articulo en español 🇪🇸? Aquí tienes el enlace: ¿Puedo solicitar una autorización de residencia como nómada digital si estoy en España como estudiante?
The information contained in this article is provided for general informational purposes only and does not constitute legal advice. Spanish immigration law is subject to continuous legislative, administrative, and interpretative changes. At ARC Legal Abogados, we make every effort to ensure that our content is accurate and up to date by relying on official sources. However, we always recommend seeking professional legal advice before initiating any immigration procedure or making decisions based on the information provided. If you require personalized advice regarding your specific circumstances, please do not hesitate to contact our firm.