A person working remotely for a Mexican company who wishes to live in Spain does not need to fit that plan into an ordinary work permit. Law 14/2013 establishes a specific route: residence for international remote work. The route exists, but the professional relationship and documents must match the statutory requirements.
The legal basis: Article 74 bis of Law 14/2013
The applicable provision is Article 74 bis of Law 14/2013 on support for entrepreneurs and their internationalisation. Chapter V bis of that law was added by Law 28/2022 on the promotion of the start-up ecosystem.
The law covers third-country nationals authorised to remain in Spain while carrying out remote employment or professional activity for companies based outside Spain, using information technology, telematic and telecommunications systems. For a Mexican national, this is the legal starting point to assess.
Employee and professional activity follow different rules
The law does not treat both arrangements in the same way. Where there is an employment relationship, the holder may work only for companies based outside Spain. An employee of a Mexican company must therefore prove that relationship and cannot use this route to work for a Spanish company.
For professional activity, the law permits work for a company located in Spain, but that activity may not exceed 20% of the total professional activity. The professional relationship may be with one or more companies not located in Spain. This is not an unrestricted authorisation to work interchangeably with Spanish clients.
What must be documented
In addition to the general requirements of Law 14/2013, Article 74 ter requires proof that the company or group with which the relationship is held has carried out real and continuous activity for at least one year. It must also be documented that the employment or professional relationship can be performed remotely.
The prior relationship matters. For employment, its existence with the company not located in Spain must be proven for at least the three months before the application. For professional activity, a commercial relationship with one or more companies not located in Spain must be proven for the same period, together with the terms and conditions of remote work.
Article 74 bis also requires qualified professionals. The law refers to a degree or postgraduate qualification from a recognised university, vocational training or a recognised business school, or at least three years of professional experience. The general requirements in Article 62 include public or private health insurance with an insurer authorised to operate in Spain and sufficient financial resources, among other legal conditions.
Visa or residence authorisation
The appropriate route depends, among other circumstances, on where the person is when applying.
- International remote work visa: this is for people who do not reside in Spain. It is valid for up to one year, unless the work period is shorter. The visa allows the holder to reside and work remotely in Spain during its validity.
- Residence authorisation: this may be requested by a person lawfully in Spain or by a holder of the previous visa. It is valid for up to three years, unless the work period is shorter, and may be renewed for two-year periods if the conditions continue to be met.
The law permits an application for residence authorisation in the sixty calendar days before the visa expires, provided that the conditions giving rise to the entitlement are still met.
Authority and statutory time limits
Visas in this section are issued by Spanish diplomatic missions and consular offices. Article 75 of Law 14/2013 establishes that visa applications must be decided and notified within ten working days, subject to the exception for applicants subject to consultation under the Visa Code.
Residence authorisations are processed electronically by the Large Companies and Strategic Groups Unit. The law sets a maximum period of twenty days from electronic filing with the competent body. Article 76 provides for approval by administrative silence if no decision is issued within that period.
The move also has a tax dimension
Obtaining residence for remote work does not by itself determine tax residence. Article 9 of the Spanish Personal Income Tax Act treats presence in Spain for more than 183 days during the calendar year as one criterion for habitual residence in Spain. Other legal criteria may also apply depending on the facts of the case.
Before turning a stay into an established move, it is advisable to review the calendar of presence, the employment or professional relationship, income and tax residence. Immigration status and tax obligations are separate matters.
What we review
We review the relationship with the Mexican or foreign company, the available documents, the application route and the scope of the management needed between Mexico and Spain. Set out your case in writing: we respond within 24 to 48 business hours and communicate the fixed fee in advance.
General information as of the publication date. It does not replace a legal opinion on a specific case.
Sources
- Law 14/2013 of 27 September on support for entrepreneurs and their internationalisation, Articles 62, 74 bis, 74 ter, 74 quater, 74 quinquies, 75 and 76 (consulted on 11 October 2026).
- Law 28/2022 of 21 December on the promotion of the start-up ecosystem, final provision five, section nine (consulted on 11 October 2026).
- Law 35/2006 of 28 November on Personal Income Tax, Article 9 (consulted on 11 October 2026).