Student Visa to Digital Nomad Visa in Spain: New Immigration Criterion You Must Understand (2025 Update)

Carlos Lorenzo, Lead Attorney & CEO

If you are currently in Spain under a Student Visa and planning to switch to the Digital Nomad Visa (DNV), there is an important new interpretative criterion being applied by immigration authorities.

This change affects who can apply as the principal applicant — and getting it wrong can delay or jeopardize your residency.

The Key Rule: Only the Main Applicant Has Work Authorization

Under the current approach adopted by immigration authorities:

The main applicant is the only person with work authorization.
Therefore, the main applicant is the only person who can change status from Student Visa to Digital Nomad Visa.

What Must the Main Applicant Do?

The principal applicant must:

Be registered as self-employed (autónomo) in Spain.
Be legally authorized to work in Spain.
Invoice the U.S. company (or foreign company) directly.
Report that income in Spain for tax purposes.
Be the individual actually providing the remote professional services.

Immigration authorities are reviewing this structure carefully. The legal and tax positions must be consistent.

The Dependent Spouse Cannot Lead the Application

The dependent spouse cannot act as the main applicant since they do not have work authorization.

This remains true even if:

The spouse works remotely for a foreign company.
The spouse earns income abroad.
The foreign company pays the spouse directly.

Without Spanish work authorization, the dependent spouse cannot switch status as principal applicant under the Digital Nomad Visa.

Why This Matters: Immigration + Tax Strategy Must Align

This is no longer just an administrative filing.

It is a matter of:

Defining clearly who holds work authorization.
Structuring the autónomo registration properly.
Ensuring invoicing aligns with the legal applicant.
Reporting income correctly in Spain.
Maintaining consistency between immigration and tax filings.

A mismatch between immigration status, autónomo registration, and tax reporting can create significant problems.

Strategic Planning Is Essential Before Filing

Before submitting a change of status from Student Visa to Digital Nomad Visa, you should:

Determine who will be the principal applicant.
Confirm that this person will register as autónomo.
Ensure contracts reflect the correct service provider.
Structure invoicing and tax reporting properly.
Align immigration documentation with your economic reality.

This process requires legal and tax coordination.

Planning to Switch from Student Visa to DNV?

If you are currently in Spain as a student and working remotely for a U.S. company, proper structuring is essential.

Each case must be analyzed individually.

If you would like to evaluate your eligibility and structure your transition correctly, contact us to schedule a consultation.