The entrepreneur visa and the digital nomad visa are the two figures within Law 14/2013 — as reformed by Law 28/2022 — that best fit international profiles who want to build or sustain a professional or business activity from Spain. But their logic is opposite: the digital nomad visa is designed for those who already work (for existing clients or an employer), while the entrepreneur visa is designed for those who want to create something new in Spain. Confusing the two can result in a poorly framed application, rejection, and months lost.
The logic of each route
Digital nomad visa (Law 14/2013, art. 61 bis)
The digital nomad visa starts from an already existing activity: the applicant already works as an employee of a foreign company in remote mode, or already has a portfolio of international freelance clients. Spain allows them to legalise their residence without requiring them to work with Spanish companies (maximum 20% of income from Spanish sources).
No project is evaluated: what is evaluated is whether income is sufficient (200% of the 2026 SMI) and whether the client composition meets the foreign-source requirement. Processing is straightforward — without third-party validation — at the Spanish consulate or the UGE.
Entrepreneur visa (Law 14/2013, arts. 67–69)
The entrepreneur visa starts from a project to be developed: the applicant wants to create or expand a company in Spain with a positive economic impact for the country. The core of the process is project validation by ENISA or an equivalent body, which certifies the innovative character and viability of the project.
What is evaluated is the business plan, not current income (which may be non-existent if the project is pre-revenue). The process requires the validation report before the visa can be issued.
Comparison table
| Criterion | Digital nomad visa | Entrepreneur visa |
|---|---|---|
| Legal basis | Law 14/2013, art. 61 bis | Law 14/2013, arts. 67–69 |
| What is assessed | Current income and client composition | Business plan and impact for Spain |
| Prior validation | No | Yes (ENISA, CCAA or accredited body) |
| Minimum income | 200% SMI (~€2,442/month) | Not formally required; viable business plan |
| Spanish clients | Maximum 20% of income | No limit (the company is Spanish) |
| Working for a Spanish company | Limited | Yes (it is the founder’s own company) |
| Validation timeline | N/A | Up to 3 months (ENISA) |
| Visa processing timeline | 20 working days | 20 working days (after validation) |
| Initial authorisation duration | 1 year (visa) / 3 years (ARTIN) | 1 year (visa) / 3 years (authorisation) |
| Compatible with Beckham regime | Yes (Art. 93 LIRPF) | Yes (Art. 93 LIRPF) |
ENISA validation: the bottleneck of the entrepreneur visa
The business project validation report is the most complex and determinative step. ENISA assesses:
- Innovative character: the project must introduce technological, business model, or service innovation. Projects of pure commerce or consultancy without an innovative component have a low validation probability.
- Economic viability: the business plan must demonstrate realistic projections, identified funding sources, and a credible revenue model.
- Impact for Spain: job creation, internationalisation, technology transfer, or any other positive economic effect for the Spanish ecosystem.
- Founder profile: the founder’s track record and experience are positively weighted.
ENISA process duration: the official timeline is 3 months, but preparing the application for ENISA takes between 4 and 8 weeks. In total, the process can extend to 5–8 months from start to visa issuance, compared to the 1–3 months typical of the digital nomad visa.
Managing the Beckham regime in each case
Both routes are compatible with the special inpatriate regime under Article 93 LIRPF, but the timing of Form 149 differs:
- Digital nomad + Beckham: Form 149 must be submitted within 6 months of TGSS registration or of the start of remote work from Spain. Timing is relatively predictable.
- Entrepreneur + Beckham: Form 149 must be submitted within 6 months of the start of activity in Spain. The most favourable “start of activity” date must be identified quickly, and the ENISA validation timeline can compress the available window.
Recommended profile for each visa
Choose the digital nomad visa if:
- You already have clients or an employer abroad and plan to continue working for them from Spain.
- Your income is stable and exceeds 200% of the 2026 SMI.
- You do not intend to create a company in Spain with its own Spanish operations.
- You want the fastest route to legal residence.
Choose the entrepreneur visa if:
- You want to found a startup with a team and operations in Spain.
- Your project is innovative and can pass ENISA validation.
- You have secured funding (bootstrapping, accelerators, investors) that lends credibility to the business plan.
- Your ultimate goal is to build a Spanish company, not simply live in Spain while working remotely.
The most common mistake: using the digital nomad visa to cover a Spanish company
One of the most costly mistakes in immigration advice is directing a startup founder towards the digital nomad visa when the activity they are actually conducting in Spain generates more than 20% of income from Spanish sources or involves managing a Spanish company. In these cases:
- ARTIN renewal may be refused for failure to meet the foreign-source income requirement.
- If the founder has fallen into unintended irregular status, rectification is complex and costly.
- The Tax Authority may challenge the Beckham regime if the actual activity is that of a manager of a Spanish company rather than a genuine remote worker.
Need help determining which visa is right for your project? Speak with BMC’s immigration team.
