Why applications get refused
FBI background checks take time and must be apostilled at federal level, and state documents need state apostilles. Mixing them up or letting the certificate expire is a common reason for delays. Start with the criminal record.
Where to apply
From the United States
At the Spanish consulate responsible for your state of residence. You obtain a visa of up to one year and then switch to the residence permit in Spain. See apply from abroad.
From Spain
During your visa-free stay, you can apply for the three-year residence permit directly. See apply from inside Spain.
US documents
- FBI Identity History Summary, apostilled by the US Department of State, plus records from other countries where you lived in the last two years.
- Degree or experience documents, with state apostilles where applicable.
- Marriage and birth certificates for family members, apostilled by the issuing state.
- Sworn translations into Spanish.
Social security
The United States and Spain have a social security agreement. In some cases, a US employer can request a certificate of coverage so that the employee remains in the US system for a limited time. See social security.
Taxes
US citizens remain subject to US tax on their worldwide income. If you become Spanish tax resident, the US-Spain tax treaty and foreign tax credits help avoid double taxation, and remote employees may use the Spanish special regime. Coordinate with tax advisers in both countries. See taxes in Spain.
A practical example
A Texas-based remote employee travelled to Mallorca with his wife and two children on their visa-free stay. We had their FBI checks and Texas apostilles ready before arrival, filed the four applications from Palma in the first month and they received their permits within the legal deadline. See family. More information on the firm's main website: immigration law at Castell Abogados (in Spanish).
Get your file checked before you apply
Most refusals come from documents that do not prove what the law asks for. Send us your situation and an immigration lawyer will tell you what is missing before you submit.
Questions from US citizens
Can Americans apply for the Spain digital nomad visa from Spain?
Yes, during a legal visa-free stay, by applying for the residence permit.
What background check do US citizens need?
Usually the FBI Identity History Summary with a federal apostille.
Is there a social security agreement between the US and Spain?
Yes. A certificate of coverage may be possible in some cases.
Will I still pay US taxes?
Yes. US citizens are taxed on worldwide income; tax treaties help avoid double taxation.