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so im currently living in philpines but I want to move to spain based on what I've been able to google my understanding is that it might be possible to get nlv visa however I work remotely currently for a company in Canada as a contractor have been for several years I make about 2100 euros a month my question is with working remotely is nlv an option or am I just out of luck in that regards
 

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You cannot work on NLV, and that includes remote working, so any earnings from that cannot be put towards meeting financial requirement. Spain is set to be planning a remote worker's visa but there are no details available and no timescale for its introduction.
 

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I think there are two issues here-

1. Can you currently use remote work income to obtain a visa in Spain? I believe the answer to that is no.
2. When you have a NLV in Spain, can you remotely work? The answer to that question is yes as long as you are invoicing a company not located in Spain. This makes sense since you are not taking employment from a person able to work in Spain. As long as you are paying taxes in Spain, why would Spain want to prohibit this?

I know people will say otherwise: however, this is the advice I have received from my lawyer and accountant.
 

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Not wanting to start a fight, but just want give the other side in hopes of people potentially making a life damaging mistake...

Many people will tell you you can work remotely on the NLV. Others will tell you that you can't. I am in the latter camp because when I read the law it seems clear to me and also there would be no need for the digital nomad visa they are currently writing - but we can debate that another time. Some people will tell you it is 100% OK to work remotely on a NLV. But digital nomads get turned down for it all the time. My opinion is the whole internationally remote worker thing kind of snuck up on Spain (and a lot of other countries) and some embassies let it slide since there wasn't a good fit, so people started assuming that that meant that it was 100% legal. But I've seen reports that embassies are getting stricter and rejecting a lot more of these. And you can find plenty of law firms explaining that it is illegal. (And yes, you can find some that take the opposite position.) A good example would be the respected Balcells group:


I'm not telling you what to do or what not to do. I'm just saying to be careful to only take advice from people that are telling you what you want to hear. This is a big decision with potentially huge ramifications to your life. Please consider all sides of the argument.
 

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Like you I do not want to get into a quarrel; however, please hear me out. There are two separate issues involved that keep being intertwined:

1. Can you use remote work income as a basis for a visa?
2. Can you work remotely on a NLV?

The fact that they do not allow remote income to be used as a basis for a visa has nothing to do with not being able to do remote work. These are separate issues.

With respect to the first question, I do not have direct experience: however, based upon what other people have reported, I believe the answer to this question is no.

With respect to the second question, I have consulted a local attorney that was referred to me by my cousin-in-law, a judge in Asturias, that attorney told me exactly what is listed in the Balcell's link that is provided. You can work remotely on a NLV as long as
As a private person, my only objective is to comply with the law as it is written. If one complies with these four stipulations, yes one can do remote work. (Also one must pay Spanish taxes on this income in accordance with Tax Treaties).

As pointed out, there is an inconsistency as to not being able to use remote income as a means of obtaining a visa and being able to do remote work once having a NLV. However, this could be rationale for the government considering to allow the remote work visa. This would bridge the inconsistency.

This is my option. Of course, everyone should do what they think is best. However, I think it is best to comply with the law as it is written.
 

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"...that attorney told me exactly what is listed in the Balcell's link that is provided. You can work remotely on a NLV as long as"

Balcells does not say that. They explicitly conclude the opposite. They do list those 4 points (though I disagree that the law is specific to work in Spain). But if you keep reading, you get to:

That is the problem: the Spanish immigration law simply does not address this topic. There is no section talking about this type of economic relationship. ... Unfortunately, the real (and legal) answer [to the question of working remotely on an NLV] is no. You cannot work remotely in Spain with a non-lucrative visa (wait until the end, things may not be that bad). [the emphasis is Bal]
Did you not see that part? That the legal opinion of a respected Spanish legal firm specializing in immigration comes to the opposite conclusion that you do?

If one complies with these four stipulations, yes one can do remote work.
The law is not these four stipulations. These are a reduction and summary of pages of legal language. At least I don't remember the law having that format when I read through it a few months ago. When I read through it, I did not see where it said that it only applied to income from Spain. It just seems a popular inference, often people assuming what the intent of the law was and what they infer from how some consulates sometimes enforce it. I am not a lawyer and I don't know how things like precedent and common law work in Spain, but I'm still waiting for someone to point to me in the actual law where it is anything more that an inference that this applies only to income earned in Spain. To me the language is clearly referring to income made while you are living in Spain. I'm pretty confident in how that law would be interpreted in the US, but again, I don't know about Spain.

I'm not saying that this is definitive "just because Balcells is saying it" - though they are a very respected company specializing in immigration. I'm pointing out that contrary to what some people seem to imply, it is not an open and shut case that NLV was ever intended for remote workers or that this is a safe path for them. Just a few weeks ago, in another group, someone was complaining that he was rejected for the NLV because they thought he might work remotely - just the suspicion. It doesn't take much searching to find other stories like this on the internet. And I've heard that consulates are getting more strict about this. Apparently, Spain, like most countries, isn't too fond of people coming into their country, working for an income and paying no taxes. That is probably why the new digital nomad visa includes a tax regime, but whatever...

If people want to believe that the NLV is intended for international, remote workers, fine. I've given up trying to convince them otherwise. But if you are wrong, your advice could seriously screw the OP and his family. I'm just suggesting that we include both sides of the discussion - as I try to do. And it also annoys me when people cherry pick.

I agree that there is a vagueness in the law. I don't mind of people come to the opposite conclusion than I do. What I mind is people assuming that that is the only possible conclusion and telling people that they can gamble their future on an inference and ignoring that many lawyers and Spanish officials disagree with that.

OP, don't take my word for it. Don't take timwip's word for it. Talk to a layer. Do a lot of research. (aka, not just posting on social media) And realize that you are in a legal gray area that is changing and may pull the rug out from under your feet. And put some thought into what might happen to your plans if this gets rejected or even if you make it and then they decide to continue their trend of cracking down more on this and maybe even start going after people in the country. If you tell them flat out that you intend to support yourself with remote work and they accept you, then I guess you'd have some legal cover, but if you (like a lot of the people I've read) kind of hide that fact to get the NLV, you may be opening yourself up to a lot of legal problems. I don't know how the law works in Spain, but in the US, the "other people have gotten away with it" and "yeah, I was a little dishonest, but only so I could get what I wanted" arguments will just piss off the judge. It's your life, but make an informed decision, and be honest with yourself about the upsides and downsides.

#caveataduenam
 
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