Spain’s Digital Nomad Visa: Can You Apply With a New US Startup?

• The employer or qualifying corporate group needs at least one year of real, continuous activity.
• Employees need at least three months with the foreign employer before applying.
• Funding and a remote-work letter do not replace the required business history.

Two timelines to check before applying

Article 74 ter of Law 14/2013 sets both requirements. The company or group of companies must have carried on real, continuous activity for at least one year. An employee must also have had an employment relationship with the foreign company for at least the three months immediately before applying, with permission to work remotely.

For example, imagine a standalone startup that began trading eight months ago and hired you four months ago. Your employment may satisfy the three-month rule, but the business still lacks a full year of activity. A high salary or a successful funding round does not make up that missing time.

Does the incorporation date settle it?

The incorporation date matters, but the law asks for actual business activity. A company registered two years ago that only started operating recently should not assume its registration certificate proves the whole requirement.

The Spanish consular section in Washington asks for a certificate from the state Division of Corporations showing the company’s incorporation date and activity. Its checklist specifies an apostille and official Spanish translation. Follow the instructions for your own consular district when preparing the documents.

As practical supporting evidence, ask the employer what it can provide to demonstrate its operating history: customer contracts, invoices, business accounts or similar records. These may help explain the activity behind the registry entry; they are not a universal additional checklist.

What if the startup belongs to an older group?

The law expressly refers to a company or group of companies, so a recently created subsidiary may need a closer assessment rather than an automatic refusal.

You would need to document the group relationship and the relevant history. A shared investor, an accelerator or another business owned by a founder does not, by itself, demonstrate that the employer belongs to a qualifying group. Do not assume an older company’s history can simply be borrowed for the application.

What should you prepare now?

Ask your employer for its formation and operating dates, your signed employment contract, evidence of your start date and written permission to work from Spain. If a corporate group is involved, gather the ownership and corporate records before deciding when to apply.

If the company is genuinely too new, plan around the point when both timelines can be evidenced. Reaching the first anniversary is only part of eligibility: qualifications or relevant experience, financial means, Social Security and the remaining requirements still need attention.

Our Digital Nomad Visa service covers the wider application. Anemoss can help review the employer’s history and organise the supporting documents before you commit to a filing date.

• Counting three months of employment as enough for the whole application.
• Treating incorporation as proof of uninterrupted business activity.
• Assuming funding or an investor’s history replaces the employer’s required history.