A real case that we successfully resolved at MigratioLex
Of Figure, digital nomad has gained prominence in recent years as an attractive option for international professionals who wish to reside in Spain while working remotely. The Entrepreneurs Law contemplates this possibility, granting a residence permit to foreign workers who provide services remotely from our country.
At MigratioLex, we have successfully assisted diverse profiles: employees of multinationals who work remotely, independent consultants, and freelancers who provide services as contractors for foreign companies. However, we recently successfully resolved a very specific case that forced us to reconsider the limits (and possibilities) of this legal avenue.
Passive income, Airbnb, and the stock market: an unusual profile
Our client was a foreign citizen who wanted to establish residency in Spain as a digital nomad. His primary source of income was not an employment relationship or the provision of services, but rather a combination of:
- Income from tourist rentals (of owned properties), managed through platforms such as Airbnb.
- Financial returns from investments in the stock market and other financial assets.
This raised a fundamental question:
Can someone who makes a living off their investments be considered a “digital nomad”?
And even more:
How does passive or investment income fit into the legal framework for residency for international teleworkers?
The legal vacuum and how we address it
The regulations governing this type of residency do not provide a fixed list of permitted professions or types of income. What they require is that the applicant perform a professional or work activity remotely , using technological means, and that said activity is not directed at the Spanish market .
This regulatory silence leaves room for interpretation. The difficulty lies in how to properly present a profile that doesn’t fit the traditional logic of remote work , but that does have a legitimate, sustainable economic activity compatible with residency in Spain.
The legal strategy that made the difference
At MigratioLex, we developed a legal strategy for this case based on the following elements:
- Property and asset management as a professional economic activity, even if it is not provided directly to a client.
- The applicant’s ability to support themselves financially , with demonstrable, recurring income.
- The usual use of technological means for the management of their investments and properties , which aligns with the spirit of the digital nomad figure.
- The company’s lack of ties to the Spanish market means that neither its tenants nor its investments are located in Spain, but rather its source of income is maintained abroad.
Ultimately, the approach was based on demonstrating that the applicant carried out an international, independent, sustained activity compatible with residence in Spain without impacting the local labor market.
In light of the above, the competent authority positively assessed this argument, and we ultimately obtained a favorable ruling confirming that investment profiles can also be accommodated within this legal framework, if presented with the appropriate technical and evidentiary support.
What can we learn from this case?
This case demonstrates that:
- The digital nomad residency is not limited to employees or freelancers .
- More atypical profiles, such as real estate investors or asset managers, can also be suitable if they are presented with clarity and legal rigor.
- The key is to demonstrate that there is real economic activity , which is managed remotely and with one’s own resources, and that it does not involve working or invoicing clients in Spain.
Do you have an investor profile and are you considering residing in Spain?
If you manage your own income from abroad, whether through vacation rentals, financial investments, or other sources, you may be eligible for a digital nomad residency .
At MigratioLex, we’re prepared to help you structure your case with legal rigor , even if your profile doesn’t fit the most common mold. Every client is unique, and so is every strategy.
Contact us to evaluate your case.
