Refusal: digital nomad visa in Spain, appeal and deadline NEXO

Q: What is recurso de alzada?

This administrative complaint to a higher authority against a decision that does not end the administrative path. On Ley 14/2013, UGE decisions are motivated and appealed in this way. The decision on the complaint is given within three months, silence means rejection, then the way to court is opened.

Q: Why is a digital nomad's visa denied?

There are no statistics, the grounds are shown by law: insufficient income, no three months of company relationship or year of operation, untested qualifications, no social insurance or insurance, no criminal record, no longer than 20%, irregular stays. The specific reason is given in the decision itself, and it is the decision that needs to be reviewed rather than the general lists. [1]

Q: What about the status of stay in Spain after rejection?

The application extended the status until the decision was reached, and the legal stay could have expired after the refusal, and irregular stay was a serious violation. Check the dates and time of departure in the decision, and immediately show the lawyer the decision: whether the time is left for recurso or for a new application.

Short

Against UGE Failure served recurso de alzada (article 76 Ley 14/2013), one month in clear judgement, article 122 Ley 39/2015 [1][2].
Against the refusal of the Consulate of Moscow: recurso de reposición to the Consulate for 1 month, then the TSJ Madrid Court for 2 months [4].
Court under article 46 Ley 29/1998: 2 months in clear judgement, 6 months in silence [3].
No public statistics on the reasons for refusals are available from the law: Article 62.3 (income, social insurance, insurance, criminal record), 74 bis and 74 ter (relations, qualifications, 20%), Article 62.7 [1].
First, check the status of stay: irregular stay is classified as serious violations (Ley Orgánica 4/2000, art. 53) [8].

What to Do First Days After Failure

Read the whole decision: who made it (UGE or Consulate), the date of notification, the reasons, the time limit indicated and the appeal body. [1], the consulate informs about the refusal in writing with reasons [4].
Write down the date of receipt of the notification. The dates in months are counted from the following day and end on the same number day of the month. [2]If the notice came electronically in the sede, the date you opened it is the date (if you did not open it is 10 calendar days later it is considered rejected) [2].
See if your status of stay still works: below.
Collect the application and the applications you filed.
Show the lawyer the decision before you choose the path: the time is short.

Time limits for appeals against DNV

What you're challenging	What do you serve?	Duration
UGE failure	Recurso de alzada ante órgano superior jerárquico (article 76 Ley 14/2013) [1]	1 month with a clear decision (art. 122 Ley 39/2015) [2]
Silence on Alzada	Waiting for a decision: 3 months later, alzada is considered rejected [2]	Next Court: 6 months after silence (art. 46 Ley 29/1998) [3]
Clear decision on alzada	Contencioso-administrativo	2 months from the date of notification [3]
Refusal by the consulate	Recurso de reposión to the Consulate [4]	1 month from the day after notification was received [4]
Failure after reposición	Contencioso-administrativo in Tribunal Superior de Justicia de Madrid [4]	2 months after notification [4]

Recurso de alzada is filed with the decision-making authority or the higher authority; the first must submit the complaint further within 10 days [2]On Ley 14/2013 and all documentation, including recursos, is supplied electronically through the Ministry ’s Sede [7].

This table for DNV. Subdelegación (arraigo, no lucrativa, extension) is closed off (additional provision 9 RD 1155/2024): they remain reposición for a month or court for two and no alzada [10]III. Body summary: Refusal of residence in SpainAs additional provision 9 is combined with article 76 Ley 14/2013 for UGE decisions, we have not confirmed by official sources.

Reasons for denying a digital nomad visa: what the law says

We didn't find any open statistics on the reasons for the refusal, but the list of standards that the decision can refer to, which is what it usually is for each ground.

Basis	Norma	What Can Be Done
Income below the threshold	Article 62.3 f; thresholds 200 %, 75%, 25% SMI [1][9]	Close the savings gap for the duration of bank certificate authorization [9]C. Calculation: DNV income
No three months of relationship or company year	Article 74 ter [1]	Add contract, register statement, letter
No qualification confirmed	Article 74 bis.2 [1]	Diploma or experience from three years of age, for regulated profession, homologation [9]
Work not performed exclusively remotely	Article 74 bis.1; explanation UGE [1][6]	Prove the remote nature of the functions
Spanish work above the limit or hired by a Spanish employer	Article 74 bis.1 [1]	See communication No. Rule 20%
Company with a subsidiary in Spain	UGE explanation: this is ICT, not teletrabajo [6]; Consulate: not if the conditions are consistent with the ICT [4]	Change Base
Social insurance or insurance	Articles 62.3 (e), 62.5 [1]; document UGE [9]	Bring certificado or register employer, insurance without copago and carencia
Criminal record	Article 62.3 (c) [1]	Two-year certificates and five-year application [9]
Irregular stay	Article 62.3 (a) [1]	He decides on the circumstances.
Threat to public order, security	Article 62.7: The decision may be based on a report from the police, CNI or DSN [1]	Substantive challenge, only with a lawyer

Alzada, new application or court: how to choose

Alzada The authorities decide within three months, silence means rejection. [2]After a clear decision or silence, the way is to the court [3].

New application If the reason for the problem is that the document was missing, the income increased, the client structure changed. In articles 74 bis - 76 Ley 14/2013, we did not find any restrictions on re-entry after refusal, but the question should be checked with the lawyer. If the reason is not eliminated, the result will be the same.

Court The court to which the representative is to go and whether a representative is required shall determine the lawyer.

The parallel application of alzada and the new application may affect both cases; the admissibility of such a step depends on the case, and we have not confirmed it by official sources.

What about staying in Spain after the refusal?

If you applied for a short-term visa from Spain, the application extended the previous situation until the decision was reached (art. 76 Ley 14/2013) [1]After refusal, your previous legal stay may have ended, one of the general requirements: not to be irregular in Spain (art. 62.3 (a)) [1]Irregular stay in Ley Orgánica 4/2000 is classified as a serious violation. n [8]Check the dates on the first day and see if the decision indicates the time frame for departure. DNV from Spain on a tourist visa.

If the consulate refused

The consulate in Moscow calls two ways: recurso de reposición before the consulate for one month and contencioso at TSJ Madrid for two months [4]According to the 2022 explanation, the complaint must be signed by the complainant or the representative with a power of attorney, the Russian-language complaint must be accompanied by an unofficial translation into Spanish, e-mails not accepted, a complaint filed with the consulate register or otherwise on Ley 39/2015 [5]. The complaint indicates the applicant's data, the appealed decision, place, date, signature, method of notification, addressee and arguments with documents [5]. Alternative: submit a new application to the consulate or, if you are legally in Spain, to the UGE. Documents for Moscow: Teletrabajo visa in Moscow.

Typical errors after failure

Miss the month on alzada or reposición. The short time and the missed decision becomes final [2].
Count time in working days, not months [2].
Write in UGE by regular letter: recursos is supplied electronically through sede [7].
To file alzada without new arguments and documents.
Do not read motives or repeat applications with the same documents.
Send a complaint to the consulate via e-mail [5].
Wait for silence on alzada without notice of six months' time for trial [3].
Do not check status of stay [1][8].

When Individual Review Is Needed

Almost always: The time frame is measured for weeks, and the choice between alzada, the new application and the court depends on the reasons for the refusal and your documents. First, bring the lawyer a decision and the date of the notification. General review of the refusals on other grounds: Refusal of residence in Spain.

What can we help you with?

The NEXO team in Barcelona is looking at the reasons for the refusal, considering the time frame, estimating that it is possible to correct and re-apply. Corrections and re-applications are part of the cost of the maintenance, the appeal (recurso) is not included in the application and is evaluated separately. The legal part is led by the team's lawyer. First consultation: 30 minutes free, full consultation: 121 I in 45 minutes. The fees and translations are paid separately; for the time limits of the responses of the agencies. We don't answer. ConsultationIII. Service page: Digital nomad ’s residence permit.

Frequent issues

How long does recurso have after DNV fail?

The decision of UGE recurso de alzada is filed within one month with a clear decision (article 122 Ley 39/2015). Against the refusal of the Moscow consulate recurso de reposición also within one month, months are counted from the day after the notification and end on the same number day, so the date of receipt must be recorded immediately. [2][4]

What is recurso de alzada?

This is an administrative complaint to a higher authority against a decision that does not end the administrative path. On Ley 14/2013, UGE decisions are motivated and appealed in this way. The decision on the complaint is given within three months, silence means rejection, and then the way to court is opened. [1][2]

Why is a digital nomad's visa denied?

There are no statistics. The grounds are shown by the law: insufficient income, no three months of company relationship or year of operation, untested qualifications, no social insurance or insurance, no criminal record, no longer than 20%, irregular stays. The specific reason is given in the decision itself, and it is the decision that needs to be reviewed, not the general lists. [1]

Can you re-sell after DNV?

We did not find any re-entry restrictions in articles 74 bis to 76 Ley 14/2013. If the reason for refusal can be eliminated (document, income, client structure), a new application is possible. If the reason cannot be eliminated, the result will likely be repeated. The parallel application of alzada and the new application should first be checked by a lawyer. [1]

What if the consulate refused a visa?

To submit a request for a recurso de reposición to the consulate within one month (signature of the applicant, Russian-language complaint with an unofficial translation to Spanish, not e-mail) or a new application. After reposición, the court in Madrid is available within two months. [4][5]

What about the status of stay in Spain after rejection?

The application was extended until the decision was reached. After the refusal, the legal stay could have expired, and irregular stays are a serious violation. Check the dates and time of departure in the decision, and immediately show the lawyer the decision: whether the time is left for recurso or for a new application. [1][8]

What if UGE didn't answer in 20 days?

Unlike rejection, UGE silence on Ley 14/2013 means approval for silencio positivo. But the deadline could be suspended because of requerimiento, and this needs to be checked by the notifications in sede. You can confirm silence by a certificate, it is issued on request. The review of these rules is included in the article on the time frame for consideration. [1][2]

Based on source

Sources are viewed on 02.10.2026. Consolidated texts and departmental reference pages are informative: legal application takes into account official publications, changes and specific circumstances. Material has not been personally checked by counsel.

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The source is viewed on 02.10.2026 · NEXO · Drafting Draft · Sources do not replace individual legal advice.