Why applications get refused
Appealing without new evidence rarely works, and reapplying with the same documents produces the same result. Missing the appeal deadline closes that route. Get advice as soon as you receive the decision.
Common reasons for refusal
- No proof that the company has had one year of real activity.
- Less than three months of employment or client relationship.
- No clear evidence that the work can be done remotely or that the employer allows it.
- Income below the threshold for the household.
- Missing proof of qualifications or experience.
- Health insurance not valid in Spain, or no evidence of social security coverage.
- Criminal record certificates expired, not apostilled or not translated.
See common mistakes.
Requests for more documents
Before refusing, the authorities often send a request to complete the file. Answering fully and on time is critical: a weak answer leads to a refusal.
Appeals
Residence permit filed in Spain
Article 76 of Law 14/2013 provides an administrative appeal (recurso de alzada) against decisions on these permits. After that, a court challenge is possible.
Visa refused by a consulate
A consular refusal can be challenged with a request for reconsideration before the consulate or directly before the courts in Spain.
Reapplying
When the problem was a missing or weak document, a new application with complete evidence is often faster than an appeal. If you are in Spain legally, you may be able to reapply from Spain. See apply from inside Spain.
Preventing a refusal
The best appeal is the one you never need. A review of your documents before filing, against each requirement of the law, detects most problems in advance. See the documents checklist.
A practical example
An Indian software engineer's residence permit was refused because the employer's letter did not state that he could work from Spain. We filed an administrative appeal with a new, specific letter and the company's registration and tax documents. The appeal was upheld and the permit granted. More information on the firm's main website: immigration law at Castell Abogados (in Spanish).
Get your file checked before you apply
Most refusals come from documents that do not prove what the law asks for. Send us your situation and an immigration lawyer will tell you what is missing before you submit.
Questions about refusals
Can I appeal a digital nomad visa refusal?
Yes. Residence permits can be appealed administratively; consular refusals by reconsideration or in court.
How long do I have to appeal?
Usually one month for administrative appeals and two months for court challenges.
Is it better to appeal or reapply?
It depends on the reason. If a document was missing, reapplying with complete evidence is often faster.
Can I stay in Spain while I appeal?
It depends on your situation; get advice before your legal stay ends.