In recent months, applications for the Spanish Digital Nomad Visa submitted under the self-employed route have increasingly encountered an obstacle that is not expressly stated in the legislation, yet has become decisive in administrative practice.

The Unidad de Grandes Empresas y Colectivos Estratégicos (UGE) has begun systematically requesting formal proof that the applicant is already recognised as self-employed in their country of origin. This requirement, although not explicitly regulated, has become one of the most frequent causes of requests for additional documentation, delays and, in some cases, refusals.

Understanding how this criterion is being applied in practice is essential for structuring a compliant and viable application.

The legal context and the administrative gap

The Digital Nomad Visa, regulated under Law 14/2013 as amended by Law 28/2022, allows self-employed professionals to reside in Spain while carrying out remote activity for foreign clients. However, the law does not define in detail how pre-existing self-employment must be evidenced, leaving room for administrative interpretation.

From the UGE’s perspective, self-employment is presumed to be a formally recognised legal status, supported by official certificates issued by tax or social security authorities. This assumption reflects the Spanish administrative model, where freelance activity is registered from the outset.

The difficulty arises because many countries do not operate under this model.

Why this requirement is catching applicants off guard

In jurisdictions such as the United Kingdom, the United States or Canada, a professional may legally operate as a sole proprietor without receiving any formal confirmation at the start of the activity.

In these systems:

• There is often no initial certificate of self-employment.
• Formal recognition usually occurs after the first tax return is filed.
• Documentary proof may only exist months after the activity has begun.

As a result, applicants may be unable to provide the type of document the UGE is requesting, not because the activity does not exist, but because the document simply does not exist at that stage.

What the UGE is actually trying to verify

Based on recent administrative practice, this is not a procedural misunderstanding, but rather a deliberate tightening of criteria.

The underlying objective is to ensure that:

• The professional activity pre-exists the visa application, and
• The applicant is not creating a last-minute freelance structure solely to meet immigration requirements.

In other words, the UGE is assessing the genuineness and continuity of the self-employed activity, rather than its formal label.

The practical problem: documents that do not exist (yet)

Many applicants are requested to submit official proof of current self-employment status issued by a public authority.

For a significant number of countries, such documentation is not available in real time, which places applicants in a difficult position and often leads to additional requests or procedural delays.

Documentation that has worked in practice

Despite the lack of a single uniform standard, certain documents have been accepted by the UGE when properly presented, legalised and translated. In practice, the following have proven effective:

• United Kingdom:
  SA103 (Self-Employment pages) from the most recent tax return.
• United States:
  Schedule C (Form 1040) or Form 1099-NEC.
• Canada:
  Form T2125 from the most recent tax filing.
• United Arab Emirates:
  E-Trader (Professional) Licence.

These documents help demonstrate that the professional activity is real, ongoing and fiscally recognised, even if no initial registration certificate exists.

Formal requirements and evidentiary standards

Regardless of the type of document provided, formal compliance is critical.

All documentation submitted to the UGE must be:

• Properly notarised, where applicable.
• Apostilled or legalised, depending on the country of origin.
• Accompanied by a sworn translation into Spanish.

Failure to meet these formal requirements can undermine otherwise valid evidence.

Conclusion

The increasing scrutiny applied by the UGE to self-employed Digital Nomad Visa applications reflects a broader administrative effort to verify the authenticity and continuity of professional activity.

While the law does not explicitly require a specific certificate of self-employment, administrative practice now effectively does, making early planning and careful documentary preparation essential. Understanding what the UGE is trying to verify — and how to evidence it within the constraints of different legal systems — is often decisive for the success of the application.

Professional legal guidance

Digital Nomad Visa and residence applications are assessed on a case-by-case basis, where administrative practice and documentary consistency often matter as much as the legal requirements themselves. Obtaining specialised legal advice at an early stage can help identify potential risks, align the application with current criteria and avoid unnecessary delays or refusals. For personalised assistance, you may contact us at info@nomadimmigrationlawyers.com or call (+34) 660 60 91 92.