Freelancers, Global contracts, Virtual Assistant

Digital nomad life – the legal side

Jo Wright

 

Do you dream of being a digital nomad?

It’s that time of year again when many of us start to think about working while travelling. It is attractive to pick up your laptop and find a beautiful place to work for a while. Whether this is a working holiday or a full on digital nomad lifestyle change it is something we’ve all thought about. Are you dreaming of a campervan parked by the beach or a five start hotel?

Legal and security things to sort out before you go!

Before you get the travel map out and start booking those flights there are some serious legal and technical issues you need to take care of before you go.

Data Privacy

 

    • Review your data privacy policy. When you are viewing information about clients, prospects etc outside the UK you are processing personal data.
    • Change the data processing agreement from a UK to UK one to a Global one if you are viewing 3rd party data shared by your client. Make sure you know if the country you will be working in is regarded as adequate for data privacy purposes.

    • Check if you normally access special category personal data that should not be going to the country you are working in.

 

Documents and videos to take care of this

Device inspection at borders

Make sure you know which countries inspect your devices at the border (for instance USA and China) and consider minimising the information and apps on your device that give access to personal data about your prospects and clients (your data subjects) and your clients prospects, clients and team members (3rd party data).

Be aware that not all of your current apps work in all countries. If one is mission critical be sure to check if it is banned or limited in the country you are planning to travel to.

Make sure your social media and posts don’t include anything that will get you denied entry or that indicates you will be entering the country under false pretences (see visas below).

Data Security for Digital Nomads

 

    • Devices use full disc encryption, strong passwords and automatic screen lock on all devices

    • Back ups Make sure you can do regular back ups into the cloud

    • Device tracking and remote wiping Enable device tracking and where your device permits it remote wiping)

    • Wi fi avoid wifi or use a VPN, preferably use a mobile hub (with a local card to save money!)

    • Cloud storage make sure your cloud storage is encrypted end to end

    • Remove data – take nothing on local devices that you don’t need

    • Access control – don’t log on with admin rights for day to day work – create a lower level user role to reduce the damage anyone hacking you can have. Implement multi factor authentication. Check it does not link to something you won’t have access to when travelling.

Insurance

Digital nomad insurance
    • Check your ‘holiday’ insurance covers you when working outside the UK

    • Make sure you have valid health insurance

    • Check your professional indemnity insurance covers non UK working.

Legal and tax residency

Talk to your account before you go. There is a real difference between travelling and remaining resident in the UK and leaving and never coming back. Absences of more than 183 days can trigger changes to your tax status.

Many countries do not permit working on tourist or holiday visas (even if you are working remotely outside that country). Check what you are entitled to do in that country before deciding how long to visit for.

Others require minimum amounts of money in the bank or pre booked accommodation and return tickets for the rest of your stay.

Contracts and client communication

Be clear on working hours – taking time zones into account. You will need to keep your clients reasonably up to date for when you need to contact each other.

Make sure your clients know what to expect in terms of turnaround and response times (Service Level Agreement) and revise if you need to.

Emergency and contact plan – make sure you and your clients have a plan for if you are unexpectedly without power or signal.

Visas and tax residency

Talk to your account before you go. There is a real difference between travelling and remaining resident in the UK and leaving and never coming back. Absences of more than 183 days can trigger changes to your tax status. And you need to check you won’t be taxed twice – once in the UK and once in your host country.

Many countries do not permit working on tourist or holiday visas (even if you are working remotely outside that country). You will need a Digital Nomad visa.

Some countries are more favourable if you have a company and are an employee rather than a freelancer.  You should check the individual requirements carefully before making an application as fees for visas are not usually refunded if your application is rejected.

Conditions often vary depending on which passport you hold.

Income thresholds can be high, depending on where you are going, and usually need documentary proof.

An obvious omission from this list is the USA.  Despite popular myths, a B1 business visa does not entitle you to do remote working whilst in the USA and a tourist visa obviously does not either.

The USA along with many countries is really tightening up its borders and you should consider long and hard before entering any country on a tourist visa and then working remotely.

Please remember that you risk invalidating your insurance as well as being detained and turned away at borders if you enter any country illegally – which is what you are doing if you are on the wrong visa.

Countries offering Digital Nomad visas*

European Union – Digital Nomad and Remote Working Visas

CountryVisa Type ConditionsLink to apply
CroatiaDigital Nomad VisaMin monthly income EUR 2,300More information
Czech RepublicZivno VisaMin annual income approx EUR 5,500More information
Estonia Digital Nomad Visa Min monthly income EUR 3,504 More information
Germany Freelance Visa (Freiberufler) Variable by region; proof of clients and residence required More information
Greece Digital Nomad VisaMin monthly income EUR 3,500 (after tax); clean criminal record More information
Hungary White Card Min monthly income EUR 3,000; no work with Hungarian clients More information
Italy Digital Nomad VisaMin annual income EUR 28,000; for highly skilled freelancers More information
Latvia Digital Nomad VisaFor OECD-registered freelancers; proof of income and foreign employer More information
Malta Nomad Residence Permit Min monthly income EUR 3,500; must work for a foreign company More information
Norway Independent Contractor Visa Min annual income EUR 35,719 More information
Portugal D8 Digital Nomad Visa Min monthly income EUR 3,480; NIF and Portuguese bank account required More information
Romania Digital Nomad VisaMin monthly income USD 4,000, remote work only More information
Spain Digital Nomad Visa Min monthly income EUR 2,646 criminal record check; foreign employer More information

Americas – Digital Nomad and Remote Working Visas

CountryVisa Type ConditionsLink to apply
ArgentinaDigital Nomad VisaProof of income required, remote work for foreign clientsMore information
BrazilDigital Nomad Visa (VITEM XIV)Min monthly income USD 1,500 or USD 18,000 in savingsMore information
CanadaETAS No specific digital nomad visa but visitors can work for up to 6 months if working remotelyMore information
ColombiaDigital Nomad Visa Min monthly income USD 3000; More information
Costa RicaDigital Nomad Visa Min monthly income USD 900; remote work for foreign employers More information
Ecuador Rentista Visa Min monthly income USD 1,350 + $250 per dependent More information
Mexico Temporary Resident VisaMin monthly income USD 2,600 More information
Panama Short Stay Visa for Remote Workers Min monthly income USD 3,000 More information
Uruguay Digital Nomad Visa Proof of sufficient income; remote work for foreign employers onlyMore information

Africa – Digital Nomad and Remote Working Visas

CountryVisa Type ConditionsLink to apply
Cap Verde6 month temporary visaMin monthly income USD 1,500More information
MauritiusVisitor/Working Holiday VisaPremium Visa Valid one yearMore information
Namibia Digital Nomad Visa Min monthly income USD 2,000; + – Accompanying Spouse, USD USD 1,00 + per accompanying child USD 500.remote working for a foreign company More information
SeychellesVisitors Workcation PermitMin monthly income USD 1,500More information

Asia – Digital Nomad and Remote Working Visas

CountryVisa Type ConditionsLink to apply
IndiaE-Tourist/E-Business VisaAmbiguous regulationsMore information
Indonesia Remote Worker Visa (E33G) Min annual income USD 60,000; work for foreign employer onlyMore information
Indonesia B211A Visa Short-term remote work stay; up to 180 days More information
Japan Specified visa,Allows stay of up to 6 months More information
Malaysia E Rantau Nomad PassMin annual income USD 24,000; digital professions only More information
South Korea Workcation Visa, pilot programme for digital nomads Min annual income USD 64,000, employment by foreign company, clean criminal record, health insuranceMore information
Thailand Destination Thailand Visa (DTV) Bank balance of THB 500,000 (approx USD 14,400) over 3 months More information

Caribbean – Digital Nomad and Remote Working Visas

CountryVisa Type ConditionsLink to apply
Antigua and BarbudaNomad Digital ResidenceMin annual income USD 50,000More information
Barbados Welcome Stamp Min annual income USD 50,000; remote working for a foreign company More information
BermudaWork from Bermuda CertificateProof of employment requiredMore information
Cayman IslandsGlobal Citizen Concierge Program Min annual income USD 100,000More information
DominicaWork in Nature (WIN) Visa Min annual income USD 50,000; More information
GrenadaRemote Employment Act Min annual income USD 37,000 employers More information
Saint Lucia Live It Programme (proof of income required) Min monthly income USD 1,350 + $250 per dependent More information

Southern Hemisphere – Digital Nomad and Remote Working Visas

CountryVisa Type ConditionsLink to apply
AustraliaVisitor Visa (Subclass 600) Allows remote work for foreign employers; stay up to 12 months; must not engage in Australian employmentMore information
New Zealand Visitor Visa Remote work for foreign employers permitted as of Jan 2025; stay up to 9 months; must not engage in NZ employmentMore information

Other – Digital Nomad and Remote Working Visas

CountryVisa Type ConditionsLink to apply
UAE (Dubai)Virtual Working Program Min monthly income USD 5,000/month work onlyMore information

Difference between a holiday and a digital nomad?

Every country will have their own specific definitions and laws.

However as a rule of thumb if your trip is primarily to be on holiday and you answer the occasional email  you will probably still be OK on a tourist visa and your normal home tax base won’t be changed.

But if you engage with local clients or are being paid to work from that country your status is likely to change.

A lot of the language around this is really more appropriate for employment (or for people running companies) and few countries are providing detailed rules for self-employed freelancers who can work virtually from a laptop.

There are lots of people giving advice on the basis of ‘what you can get away with’ but the best thing to do if you are planning a serious digital nomad adventure is to talk to someone who is a professional visa specialist  for the regions you want to visit, and preferably one specialising in digital nomad visas.

That helpful chap in the pub is not going to be there when immigration haul you in for an interview!

* the table is designed to get you thinking and researching and it will rapidly get out of date – so make sure you check for updated visa details before you make your plans.

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