Spain Digital Nomad Visa With a Hybrid Job or In-Person Duties: What Counts as Remote Work (2026)

Spain's Digital Nomad Visa is only available for work that is carried out entirely at a distance. Article 74 bis.1 of Law 14/2013 defines the international teleworker as someone who works for companies outside Spain "through the exclusive use of computer, telematic and telecommunication means and systems". A hybrid job, or a remote role with in-person duties written into it, does not meet that definition as it stands.

There is no tolerated percentage of in-person work. If your contract or employer letter mentions office days, client visits or any other on-site duty, you should expect the UGE (Unidad de Grandes Empresas y Colectivos Estratégicos), the unit that decides these applications, to refuse it.

That does not always put the visa out of reach. It means the role itself has to be fully remote before you apply, and your documents have to say so truthfully. This guide explains how hybrid work affects a Spain Digital Nomad Visa application, how the rule applies to employees, freelancers and business owners, and what to do if your role crosses the line.

Key Takeaways

• The law requires the exclusive use of remote means (Article 74 bis.1, Law 14/2013). No share of in-person work is accepted in your documents.
• The UGE's own FAQ gives production work, human resources management and sales visits as examples of duties that do not qualify.
• The rule covers employees, freelancers and business owners alike.
• Never leave a real duty out of a contract or letter. If the duty is real, the role has to change, not the description.
• UK contracts must state a place of work. A UK location clause needs a written variation before you apply.
• Once approved, the permit does not stop you travelling, but your role has to stay remote and the conditions are reviewed at renewal.

In This Guide

• What fully remote work means for Spain's Digital Nomad Visa
• Why in-person duties in your contract or employer letter lead to a refusal
• How the remote work rule applies to freelancers and business owners
• Hybrid work scenarios and how the UGE reads them
• What to do if your role includes in-person duties
• UK employment contracts and the place of work clause
• Travel and business trips after your Digital Nomad Visa is approved

What Fully Remote Work Means for Spain's Digital Nomad Visa

Definition: For Spain's Digital Nomad Visa, remote work is an employment or professional activity performed for companies outside Spain using only computer, telematic and telecommunication systems (Article 74 bis.1, Law 14/2013, as amended by Law 28/2022).

The word that matters is "exclusive". The UGE's published FAQ on international teleworkers explains that the duties of the position must not require on-site supervision or management in the country of origin. It gives production work, human resources management and sales visits as examples of duties that fall outside the permit.

Two consequences follow.

The test looks at what the job requires, not at how many days you spend in an office. One mandatory client visit a quarter is still a duty that cannot be done by remote means.

The UGE can also look behind the paperwork. Its FAQ states that it may ask for more information about the size of the company, its activity and its structure to decide whether the role can really be done at a distance.

Why In-Person Duties in Your Contract or Employer Letter Lead to a Refusal

Article 74 ter of Law 14/2013 requires documents proving that the working relationship can be carried out remotely. For employees, it also requires at least three months of employment with the foreign company and proof that the company allows the work to be done at a distance.

The UGE's documentation sheet turns that into a specific letter. The foreign company must authorise the work from Spain and set out the job profile, the main duties, an express statement that the job can be done by telematic means, the salary in euros and the other conditions of the remote arrangement.

Because the letter has to list your main duties, the UGE reads the contract and the letter side by side. A place of work clause, a hybrid schedule or a line about attending client sites contradicts the statement that the job is done remotely.

The UGE resolves applications within 20 business days. If it has doubts, it can issue a requerimiento with 10 business days to respond, which is rarely enough time to renegotiate a contract.

Meeting the income threshold of €2,849 per month does not compensate for this. The remote work requirement is separate from the financial one.

Our guide for remote employees covers the full employee file, and our article on the employer letter explains what the letter must contain and how recent it needs to be.

How the Remote Work Rule Applies to Freelancers and Business Owners

The rule is the same on every route, because it sits in the definition of the permit itself.

For freelancers, Article 74 ter d) requires a commercial relationship with one or more companies outside Spain for at least the last three months, plus documents setting out the terms on which the professional activity will be carried out at a distance. A service agreement that includes on-site delivery, workshops at the client's premises or installation work fails for the same reason an employment contract would.

Freelancers may work for Spanish companies for up to 20% of their professional activity. The UGE's FAQ is explicit that this work must also be done exclusively by remote means, so the 20% does not open the door to on-site work for a Spanish client. Our freelancer guide explains how the 20% limit works.

For business owners, the UGE's documentation sheet treats permission to work remotely as implicit, since you would be authorising yourself. The company letter is still required, and it must still describe your role, your main duties and the fact that they can be performed remotely.

A director whose job is to supervise staff or production on site faces the same test as any employee. Our guide to the employee or business owner route explains which route applies to you.

Hybrid Work Scenarios and How the UGE Reads Them

The table below applies the UGE's published definition to situations Hoply's lawyers are regularly asked about. It is a guide, not a ruling on your case.

If your employer has an office or group company in Spain, see our article on the routes still open. Academic and non-profit staff will find the teaching question covered in our article on non-profit, NGO and university employers.

What to Do if Your Role Includes In-Person Duties

Start by reading your contract, job description and any remote work policy as the UGE would. Then separate two situations.

When the Duty Is Real

If your job genuinely requires you to be somewhere in person, the role does not qualify as it stands.

Leaving the duty out of the contract or the employer letter is not a solution. The letter is a statement to the Spanish administration about how you work, and it has to be true.

The permit is granted on those conditions and can be renewed only while they are maintained. A role that still requires presence puts both the application and the permit at risk.

The route that works is to change the role itself. That means agreeing with your employer or client that the in-person duty is removed or reassigned, and recording it in a signed amendment before you apply.

Consider an illustrative example. A customer success manager is contractually required to spend two days a month at client premises. If her employer agrees that a colleague takes over the visits and signs a contract variation to that effect, her role becomes fully remote and her letter can say so accurately. If the employer needs her on site, the Digital Nomad Visa is not the right permit for that job.

When the Clause Is Outdated

Many contracts carry wording that no longer reflects reality: an office address as the place of work, or a hybrid policy signed before the role went remote.

Here the fix is to bring the paperwork into line with how you already work. Ask your employer for a written variation or addendum confirming that the role is performed fully remotely, and make sure the employer letter says the same thing.

In both situations, the order matters. Hoply's lawyers review your contract and letter before you ask your employer for changes, so you make one precise request instead of several, and you can start with a free case evaluation to find out exactly what needs to change.

If your employer hesitates, our article on getting your employer's approval covers the usual objections and the options left if the answer is no.

UK Employment Contracts and the Place of Work Clause

UK applicants should check this point first, for a simple reason. Section 1(4)(h) of the Employment Rights Act 1996 requires every written statement of employment particulars to give the place of work. For a UK employer, that is typically a UK address.

One refusal we have seen involved a UK company director whose contract stated that the work had to be carried out within the UK. The clause contradicted the claim that the role would be performed from Spain, and the application was refused.

Before you apply, check your contract for a UK place of work, any wording that work must be carried out in the UK, and any hybrid attendance policy that forms part of your terms.

If you find one, you need a written variation agreed with your employer before filing. How that variation is documented under UK employment law is a matter for your employer or a UK adviser.

Directors of their own company are in a stronger position, because they control the documents. Our guide for UK limited company directors explains the contract and letter the UGE expects.

If you have already been refused on this ground, the deadlines to respond are short. Our article on appealing a refusal explains the options, and you can book a consultation with Hoply's lawyers to decide whether to appeal or file again.

Travel and Business Trips After Your Digital Nomad Visa Is Approved

The permit does not confine you to Spain. According to Hoply's lawyers, once your authorisation is granted you are free to travel, including to the country where your employer or clients are based.

The distinction that matters is the same one that applies when you file. A trip you choose to make is different from a duty your job imposes. Attending a conference or visiting head office because you want to is not a condition of your role. A contractual obligation to be on site is.

Three points are worth keeping in mind.

Your role has to stay remote for the life of the permit. Article 74 quinquies.3 of Law 14/2013 allows renewal for two-year periods only while the conditions that generated the right are maintained.

Changes have to be reported. Under the seventh additional provision of Law 14/2013 and the UGE's guidance, any change that affects the conditions of your authorisation must be communicated within 30 days.

Time outside Spain is reviewed at renewal. Our analysis of the Supreme Court ruling on the 183-day rule and our renewal guide explain how absences are assessed.

One practical note: wait until you hold your TIE before travelling internationally. Our article on travelling while your application is pending explains why.

Check Your Role With Hoply Before You Apply

A hybrid clause is much easier to fix before you file than after a refusal.

Hoply's immigration lawyers review your contract, your employer or client letter and your real working pattern, tell you whether the role qualifies, and prepare and file the application with you. Every case is backed by our promise: approved or your money back.

If your role includes in-person duties, or you are not sure how your contract reads, book your free case evaluation and get a clear answer before you invest in documents.