Author Irina Firsova Immigration lawyer in Spain, member of the Barcelona Bar Association no. 46.385 17 September 2026 12 min read Message the author

Spanish residence permit refused in 2026: digital nomad and other grounds — reasons, what to do and how to appeal

A refused Spanish residence permit is not the end of the road, and this is clearest with the digital nomad permit: the applicant meets the requirements, but the document package does not show it. What decides the outcome then is not an argument with the authority but a properly rebuilt package, with a document for every legal requirement. The deadlines are short: one month for an administrative appeal, two months for court, and an appeal does not cancel an obligation to leave.

Below, first the digital nomad refusal: why applications are refused, what to rebuild, and when a new application beats an appeal — with a real case approved two years after a refusal. Then where to appeal a refusal on any ground, and when an authority’s silence means refusal and when it means approval.

If you were refused a tourist visa, the procedure is different — see Schengen visa: what to do after a refusal. If you already held a permit and it was terminated, see residence permit cancellation in Spain.

What to do in the first days after a refusal

Read the whole decision. A refusal must give reasons, and the end of the decision states which appeal is possible, where to file it and the deadline (Article 28 of the Regulation for visas, general rules of Law 39/2015).
Write down the notification date. A one-month deadline runs from the same date to the same date of the next month, starting the day after notification. If the last day falls on a non-working day, it moves to the next working day. Deadlines «in days» are working days.
Check whether you must leave. A refusal of a permit or renewal received in Spain usually includes an obligation to leave — within the period in the decision, at most 15 days. In exceptional circumstances and with sufficient funds it can be extended up to 90 days.
Choose your route: an appeal if you think the refusal is wrong; a new application if the cause can be fixed; a different ground if it cannot.
Gather evidence for the reason given in the decision: statements, contracts, certificates. An appeal without new arguments almost always repeats the refusal.

Where you appeal depends on which body refused. The digital nomad permit and the startup visa are highlighted: UGE-CE decides them, and the appeal there is called alzada.

Digital nomad permit refused

A digital nomad application is decided not by the local foreigners’ office but by the large companies unit UGE-CE, under Law 14/2013. That makes three differences from other grounds:

the decision takes 20 working days, and if UGE stays silent, the permit is deemed granted (Article 76);
the appeal is a recurso de alzada: one month to file online, in the same portal where you applied, and up to three months for an answer; silence on the appeal means refusal;
if you applied from abroad through a consulate, a visa refusal is appealed to the consulate within a month, or by a claim to the High Court of Justice of Madrid within two months.

Why digital nomads are refused

Less than three months working for the company or client before applying (Article 74 ter of Law 14/2013).
The company has operated for less than a year — or the documents do not show it.
For freelancers, Spanish clients above 20% of the activity (Article 74 bis).
No university degree or three years of experience in the profession — or the experience is not proven.
Income below 200% of the minimum wage — €2,849 a month for the applicant. The figure comes from UGE’s requirements; the law itself says «sufficient means».
Insurance with co-payments (copago) or waiting periods (carencia) — UGE states explicitly that it does not accept such policies.
A criminal record or an entry in the Schengen Information System, as for all grounds.

Why it usually pays to rebuild the package rather than argue

Most refusals of digital nomads say «not proven». The requirement may well be met — the document just does not prove it: the contract does not say the work is remote, the bank statement shows income but not its source, the diploma has no translation, experience is described in words with no evidence. An appeal with the same package will repeat the refusal, and a new application with the same documents will not be admitted. What helps is rebuilding the package so that each requirement is covered by its own document:

remote work and three months of relationship — a contract or company letter with the start date and permission to work from Spain; for freelancers, client contracts and proof of payments;
a year of company activity — a registry extract or another official document on registration and activity;
income — payslips or invoices together with bank receipts for the same months;
qualifications — a diploma or proof of three years of experience, with an apostille and sworn translation;
insurance — a policy from an insurer authorised in Spain, without copago or carencia;
criminal record certificate — with an apostille and translation, still valid;
for freelancers — a calculation showing Spanish clients are no more than 20%.

If the package is rebuilt and circumstances have changed — for example, you now have enough months of work or higher proven income — a new application to UGE is often faster than an appeal: UGE has 20 working days on an application with positive silence, and up to three months on an appeal with negative silence. You can apply from Spain only while your stay is legal; after a refusal with an obligation to leave, you apply from abroad through a consulate. The permit requirements are covered in our guide to the digital nomad visa in Spain.

Case: approved two years after a refusal

A family of three — two adults and a child — applied for the digital nomad visa two years earlier through a third-party company and were refused. The main applicant, a sole trader in Georgia, provided creative services to a US client.

What was wrong with the first package. The client’s letter described physical items sent by post — that is, work that was not remote. The document directly contradicted the ground.
What was rebuilt. The contract was rewritten as remote professional services for three years — if a contract is shorter, the permit may be granted only for its term. The client’s letter was updated, monthly statements of work were attached to invoices for the last three months, and payment was described as a fee under a services contract rather than a salary. Criminal record certificates and tax statements were obtained with an apostille, and a fresh certificate that the client’s company is active — with a US apostille. The cover letter was neutral and did not mention the previous application.
Timeline. Preparation took 107 days; the application was filed with UGE from Spain on 9 July 2026. The twentieth working day passed on 6 August — from then the application was deemed approved by silence. Written decisions for all three arrived on 14 September, on the 47th working day.

The lesson: a previous refusal does not bar you from applying for the same permit again, but the new package must remove the cause of the refusal, not repeat it. The full timeline, costs and what did not go to plan are in the case study How a family got the digital nomad permit two years after a refusal.

Where and when to appeal on any ground

Almost all decisions on visas, permits and renewals end the administrative route (additional provision 9 of RD 1155/2024). So there is no «higher boss»: you can ask the same body to reconsider or go straight to court. The exception is UGE-CE permits under Law 14/2013.

Who refused	Appeal	Answer to the appeal	Court
Consulate — visa refused	Recurso de reposición to the consulate, 1 month	1 month, silence means refusal	High Court of Justice of Madrid (TSJ Madrid), 2 months
Oficina de Extranjería — permit, arraigo, renewal, family of a Spanish citizen	Recurso de reposición to the same office, 1 month — optional	1 month, silence means refusal	Provincial administrative court, 2 months
UGE-CE — digital nomad, startup visa, highly qualified	Recurso de alzada, 1 month	Up to 3 months, silence means refusal	Administrative court, 2 months; the court is named in the decision on the appeal
Decision cancelling a permit	Recurso de reposición, 1 month	1 month, silence means refusal	Administrative court, 2 months

Consulate visa refusal

The consulate must explain the reasons for refusing any visa in writing. Visas are refused if requirements are not proven, forged documents or false statements are submitted, there is a ground for not admitting the application, or the consulate is not satisfied about the applicant’s identity and the authenticity of the papers. An appeal goes to the same consulate within a month, or a claim goes straight to the High Court of Justice of Madrid within two months — as consulates themselves state. If the refusal is linked to an entry in the Schengen Information System, you are told, and you can request correction or deletion of the data through the consulate.

Oficina de Extranjería refusal

This office decides arraigo, renewals, permits for relatives of Spanish citizens and study applications filed in Spain. The recurso de reposición is optional. But if you file one, you cannot go to court until it is answered or a month has passed. The court is the administrative court where the refusing body is based; foreigners’ cases are heard there under the simplified procedure.

UGE-CE refusal: digital nomad, startup visa, highly qualified

Article 76 of Law 14/2013 expressly provides for a recurso de alzada — see the digital nomad section above. For the startup visa, see startup visa renewal and modification.

Why other grounds are refused

Common to all grounds

A criminal record or a threat to public order. An entry in a police report does not by itself mean an automatic refusal — it is assessed.
An entry ban or a Schengen Information System record. If entry to Spain is banned, the application is not admitted.
Forged documents, false statements, bad faith.
Requirements not proven by documents — the most common wording: not enough money, insurance, work history or certificates.

Non-lucrative residence

Funds below 400% of IPREM a month — €2,400 — plus 100% of IPREM for each family member, for the whole term of the permit (Article 62 of the Regulation).
No health insurance.
On renewal — fewer than 183 days in Spain in a calendar year.

Arraigo

Less than two years of continuous stay; absences over those two years of more than 90 days in total (SEM Instructions 1/2025). Time as an asylum seeker does not count.
From 16 April 2026 — holding another valid stay permit or being party to a procedure for one (Article 126.h of the Regulation).
A criminal record in the country where you lived for five years before arriving. Details in our guide to residence through settlement (arraigo).

Study and family

Student — the institution is not accredited, funds are below 100% of IPREM a month, the insurance does not cover the same as public healthcare. More in our guide to the student visa for Spain.
Relative of a Spanish citizen — the marriage or partnership is deemed a sham, or the couple has no 12 months of living together or a child in common. For families of EU citizens, see the EU family member residence card.

Administrative silence: refusal or approval

Procedure	Decision deadline	If there is silence
Initial permit at the foreigners’ office	3 months	Refusal
Arraigo	3 months	Refusal
Relative of a Spanish citizen	2 months	Refusal
Permit renewal (including non-lucrative)	3 months	Approval
UGE-CE permit under Law 14/2013	20 working days	Approval
Study application filed in Spain	2 months	Refusal
Study extension	1 month	Refusal — it is a stay, not residence
Visa	1 month; for Law 14/2013 visas — 10 working days	Refusal
Reposición / alzada appeal	1 / 3 months	Refusal

A refusal by silence serves only to let you appeal further: in that case you can go to court within six months rather than two.

Can you stay in Spain while the appeal is pending?

An appeal does not suspend the decision by itself (Article 117 of Law 39/2015). You must request suspension separately, in the appeal. If that request is not answered within a month, enforcement is deemed suspended.
In court you request an interim measure (medida cautelar); in cases of special urgency the judge decides within two days without hearing the administration.
If you do not leave within the period in the decision, your stay becomes irregular — a serious offence punishable by a fine or expulsion.
A decision not to admit an application (inadmisión a trámite) does not contain an obligation to leave.
On renewal filed on time or within three months after the card expired, the old permit remains valid until the decision. If you need to leave and come back during that time, you need an autorización de regreso.

Appeal or apply again

A repeat application in the same circumstances will not be admitted (additional provision 4 of the Aliens Act). Applying again makes sense once the cause of the refusal is fixed: you now have the missing months of work, higher funds, the right insurance or certificate. If the ground does not fit at all, look at other options — all grounds for a Spanish residence permit; startup visa holders and digital nomads also have switching to a self-employed permit.

An appeal is worth it if the authority made a mistake: it ignored a document you submitted, miscalculated income or deadlines, or relied on a requirement that is not in the law. A decision can be reviewed at a consultation before the month runs out — the work involved in an appeal always depends on the reasons for refusal.

Do you need a lawyer, and free legal aid

An administrative appeal (reposición or alzada) can be filed yourself or through a representative.
In court a lawyer is always required (Article 23 of Law 29/1998). A court representative (procurador) is mandatory only before a collegiate court — for example, the High Court of Justice of Madrid for visas; before a single-judge administrative court it is optional. How to check a lawyer — how to choose and check a lawyer in Spain.
Free legal aid. A foreigner in Spain is entitled to it in any court on the same terms as a Spanish citizen if household income is below the threshold: twice IPREM a year for one person, two and a half times for a household of fewer than four, three times for four or more (Articles 2 and 3 of Law 1/1996).

All the grounds for residence on exceptional circumstances — arraigo, humanitarian cases, cooperation with the authorities — with terms and fees are covered in residence on exceptional circumstances in Spain.

Frequently asked questions

My digital nomad permit was refused — should I appeal or apply again?

If UGE made a mistake and the documents proved everything, file a recurso de alzada within a month. If the refusal says «not proven», it is usually faster to rebuild the package and apply again: UGE has 20 working days on an application and up to three months on an appeal. A new application with the same documents will not be admitted.

What should I do if my Spanish residence permit is refused?

Read the reasons and note the notification date, check the deadline to leave, then within a month either appeal or fix the cause and apply again. Court — within two months.

How long do I have to appeal a refusal?

One month for an administrative appeal (reposición or alzada) and two months for a claim in the administrative court. If an application or appeal was not answered, you can go to court within six months.

How soon can I reapply after a refusal?

The law sets no waiting period. But in the same circumstances the application will not be admitted — reapplying makes sense once the cause of the refusal has been fixed.

Do I have to leave Spain after a refusal?

If you were refused a permit or a renewal while in Spain — yes, within the period in the decision, at most 15 days, or up to 90 in exceptional circumstances. An appeal does not stop this period by itself; suspension must be requested separately.

Where do I appeal a digital nomad permit refusal?

UGE-CE decisions are appealed by recurso de alzada within a month, online through the same portal where you applied. The answer takes up to three months, and silence means refusal.

What does silence from the foreigners’ office mean?

For initial permits, arraigo and permits for relatives of Spanish citizens, silence means refusal. For a permit renewal, after three months it means approval. For UGE-CE permits, after 20 working days it means approval.

Do I need a lawyer to appeal a refusal?

Not for an administrative appeal. In court — yes, always. If income is below the threshold of Law 1/1996, a foreigner in Spain can get a lawyer free of charge.