A company plans to enter the Spanish market, set up a legal entity here, or move part of its international team while keeping the business abroad. In each of these cases, the same question arises: how can employees be legally set up in Spain?

In 2026, two instruments of the special immigration regime are particularly relevant for corporate relocation: the Highly Qualified Professional residence and the Digital Nomad residence.

At first glance, both allow an employee to live and work in Spain. But they are designed for fundamentally different relocation models.

First, decide where the business is moving

The key question should be asked even before choosing the type of residence: are only the employees moving to Spain, or will the company itself also start operating here?

The answer directly determines how the team will be legalised.

Broadly, there are two models:

  • the company opens a legal entity or another corporate structure in Spain and transfers employees to it;
  • the foreign company continues to operate outside Spain, and only its employees move to the country.

The first model usually points to the Highly Qualified Professional residence, the second to Digital Nomad.

Option 1. The company sets up a structure in Spain

Suppose an international business decides to enter the Spanish market fully.

A company is set up in Spain — for example, a standalone legal entity or a subsidiary of the foreign organisation. Employees start working for this company and receive their salary from it, while the employer meets the corresponding obligations in Spain, including paying social security contributions.

For this relocation model, the key instrument is the Highly Qualified Professional residence.

It allows the company to hire and legalise foreign professionals in Spain who meet the established requirements.

It is important to understand, however, that the Highly Qualified Professional residence is not simply a way to bring a person to Spain. The residence is directly tied to the professional’s employment and the characteristics of the position offered.

That is why, before applying, you need to check that the employee, the position and the employer all meet the requirements of the chosen immigration regime.

Option 2. The company stays abroad, employees move to Spain

The situation is completely different if the business does not open a Spanish legal entity and continues to operate through its existing foreign company.

For example, the company is registered outside Spain, the team works remotely, but some employees want to move to and live permanently in Spain.

In this model, one of the main options is the Digital Nomad Residence.

The fundamental difference is that the employee relocates to Spain, not the employer.

The digital nomad continues to work mainly for the foreign company and to receive their main income from abroad.

Can you work with Spanish clients?

Under Digital Nomad, part of the professional income can come from Spanish sources, but there is a limit: such income must not exceed 20% of the total professional activity.

This is an important condition when choosing the route.

If, after the move, the employee is expected to work mainly for a Spanish company or the Spanish market, Digital Nomad may not be the right option.

If the main professional relationship remains with the foreign business, this type of residence can be a convenient solution for an international remote team.

What happens after a Digital Nomad moves?

Moving an employee under Digital Nomad does not mean that all administrative matters end once residence is granted.

Depending on how the relationship with the foreign company is structured and on the applicable rules, the procedure for registration and social security contributions, the employee’s tax status and their obligations in Spain must be determined in advance.

In certain models, the employee may need to register as autónomo (self-employed), pay social security contributions and keep the relevant records under Spanish rules.

At the same time, the salary or professional fee continues to be paid by the foreign company and, provided banking requirements are met, can also be credited to a Spanish account.

That is why the immigration and tax structure of the relocation should be considered together rather than as two separate processes.

Highly Qualified Professional or Digital Nomad: which should a company choose?

In practice, the choice comes down to one main difference.

The company sets up a structure in Spain and employees will work for it → Highly Qualified Professional residence.

The company stays abroad, and employees continue to work remotely for the foreign business from Spain → Digital Nomad.

But behind this simple rule lie many details: the business structure, employees’ positions, their qualifications, the amount and source of income, social security contributions, tax implications and the company’s own plans in Spain.

That is why choosing the type of residence simply on the basis of “which is easier to get” is not the best approach.

Legalising employees starts with the business model

In international relocation, the team’s immigration status must match how the company actually plans to operate after the move.

If the business establishes a full presence in Spain and transfers employees to a local structure, the logical instrument is the Highly Qualified Professional residence.

If the legal entity remains abroad and a remote team moves to Spain, Digital Nomad is worth considering.

About Docsinside

Planning employee relocation or your company’s expansion to Spain? Docsinside is an all-in-one AI-powered B2B platform designed to help companies manage business expansion and international employee mobility to Spain. The platform supports not only immigration processes but also tax, legal and employment matters, giving companies a single environment to coordinate complex cross-border operations more efficiently. To learn more about our services or discuss your situation, write to us at b2b@docsinside.com.