- Against a UGE refusal you file a recurso de alzada (article 76 Ley 14/2013): one month for an express decision, article 122 Ley 39/2015 [1][2].
- Against a refusal by the Moscow consulate: recurso de reposición to the consulate within 1 month, then the TSJ Madrid court within 2 months [4].
- Court under article 46 Ley 29/1998: 2 months for an express decision, 6 months for silence [3].
- There are no public statistics on the reasons for refusal. The grounds can be seen in the law: article 62.3 (income, social security, insurance, criminal record), 74 bis and 74 ter (relationship, qualifications, 20%), article 62.7 [1].
- First of all, check your residence status: irregular stay is classed as a serious infringement (Ley Orgánica 4/2000, article 53) [8].
What to do in the first days after a refusal
- Read the whole decision: who issued it (UGE or the consulate), the notification date, the reasons, and the deadline and authority for appeal stated in it. UGE issues reasoned decisions [1], and the consulate gives notice of a refusal in writing with the reasons [4].
- Write down the date you received the notification. A deadline in months starts on the following day and ends on the same day of the month [2]. If the notification arrived electronically in the sede, the date is the day you opened it; if you do not open it within ten calendar days, it is deemed rejected: the notification is treated as served and the procedure continues [2].
- Check whether your residence status is still valid: see below.
- Gather the application and the attachments you submitted.
- Show the decision to a lawyer before choosing a route: the deadlines are short.
Deadlines for appealing a digital nomad visa refusal
| What you are challenging | What you file | Deadline |
|---|---|---|
| UGE refusal | Recurso de alzada ante órgano superior jerárquico (article 76 Ley 14/2013) [1] | 1 month for an express decision (article 122 Ley 39/2015) [2] |
| Silence on the alzada | You wait for a decision: after 3 months the alzada is deemed dismissed [2] | Next, court: 6 months from the moment silence took effect (article 46 Ley 29/1998) [3] |
| Express decision on the alzada | Contencioso-administrativo | 2 months from the day of notification [3] |
| Consulate refusal | Recurso de reposición to the consulate [4] | 1 month from the day after you receive the notification [4] |
| Refusal after reposición | Contencioso-administrativo at the Tribunal Superior de Justicia de Madrid [4] | 2 months from the day after notification [4] |
A recurso de alzada is filed with the authority that issued the decision or with its superior; the former must pass the appeal on within ten days [2]. Under Ley 14/2013, all documentation, including recursos, is filed electronically through the Ministry’s sede [7].
This table is for the DNV. Decisions of the Subdelegación (arraigo, no lucrativa, renewal) exhaust the administrative route (additional provision 9 RD 1155/2024): against them, you are left with reposición within a month or court within two, and no alzada can be filed [10]. Summary by authority: residence permit refusal in Spain. We have not confirmed from official sources how additional provision 9 fits with article 76 Ley 14/2013 for UGE decisions.
Grounds for refusing a digital nomad visa: what the law says
We did not find public statistics on the reasons for refusal. Below is not a ranking by frequency but a list of the provisions a decision may cite. For each ground, we note what can usually be done.
| Ground | Provision | What you can do |
|---|---|---|
| Income below the threshold | Article 62.3 f; thresholds 200%, 75%, 25% SMI [1][9] | Cover the gap with savings for the whole term of the permit, backed by a bank certificate [9]. Calculation: income for the DNV |
| No three months of relationship or no year of company activity | Article 74 ter [1] | Add a contract, a registry extract, a letter |
| Qualifications not proven | Article 74 bis.2 [1] | Degree or at least three years’ experience; homologation for a regulated profession [9] |
| The work is not performed exclusively remotely | Article 74 bis.1; UGE clarification [1][6] | Prove the remote nature of the duties |
| Spanish work above the limit, or employed by a Spanish employer | Article 74 bis.1 [1] | See the 20% rule |
| Company with a branch in Spain | UGE clarification: this is ICT, not teletrabajo [6]; consulate: not allowed if the conditions match ICT [4] | Change the basis |
| Social security or insurance | Articles 62.3 e, 62.5 [1]; UGE document [9] | Provide a certificado or the employer’s registration, insurance without copago or carencia |
| Criminal record | Article 62.3 c [1] | Certificates for two years and a declaration covering five years [9] |
| Irregular stay | Article 62.3 a [1] | A lawyer decides based on the circumstances |
| Threat to public order or security | Article 62.7: the decision may rely on a report from the police, CNI or DSN [1] | Challenge on the merits, only with a lawyer |
Alzada, a new application or court: how to choose
Alzada is the right route if the decision is wrong in law or in fact and all the documents were already in the file. The authority decides within three months, and silence means dismissal [2]. After an express decision or silence, the route leads to court [3].
A new application is the right route if the reason can be fixed: a document was missing, income has grown, the client structure has changed. We found no restrictions on reapplying after a refusal in articles 74 bis - 76 Ley 14/2013, but it is worth checking with a lawyer. If the reason is not fixed, the result will be the same.
Court is chosen after the alzada, when there are legal grounds and time. A lawyer determines which court to go to and whether you need a representative.
Filing an alzada and a new application in parallel may affect both cases; whether this is allowed depends on the case, and we have not confirmed it from official sources.
What happens to your stay in Spain after a refusal
If you applied from Spain on a short-stay visa, the application extended your previous residence situation until the decision (article 76 Ley 14/2013) [1]. After a refusal, your previous period of legal stay may already have ended. One of the general requirements is not to be in Spain irregularly (article 62.3 a) [1], and Ley Orgánica 4/2000 classes irregular stay as a serious infringement [8]. Check the dates on the very first day and see whether the decision sets a deadline to leave. On how applying from Spain works: DNV from Spain on a tourist visa.
If the consulate refused
The consulate in Moscow names two routes: a recurso de reposición to the consulate within 1 month and contencioso at the TSJ Madrid within 2 months [4]. According to a 2022 clarification, the appeal must be signed by the applicant or by a representative holding a formal authorisation (poder), an appeal in Russian must be accompanied by an unofficial translation into Spanish, emails are not accepted, and the appeal is filed at the consulate’s registry or by another means under Ley 39/2015 [5].
The appeal states the applicant’s details, the decision being appealed, the place, date, signature, method of notification, the addressee, and the arguments with documents [5]. The alternative is to file a new application with the consulate or, if you are legally in Spain, with UGE. Documents for Moscow: teletrabajo visa in Moscow.
Common mistakes after a refusal
- Missing the one-month window for alzada or reposición. The deadline is short, and a decision you did not challenge becomes final [2].
- Counting the deadline in working days rather than by calendar months [2].
- Writing to UGE by ordinary letter: recursos are filed electronically through the sede [7].
- Filing an alzada without new arguments and documents.
- Not reading the reasons and reapplying with the same documents.
- Sending the appeal to the consulate by email [5].
- Waiting for silence on the alzada without noting the six-month deadline for court [3].
- Not checking your residence status [1][8].
When you need an individual review
Almost always: deadlines are measured in weeks, and the choice between alzada, a new application and court depends on the reasons for refusal and your documents. First of all, bring the decision and the notification date to a lawyer. A general review of refusals on other grounds: residence permit refusal in Spain.
How we can help
The ReloVictory team in Barcelona reviews the reasons for refusal, calculates the deadlines, and assesses what can be fixed and resubmitted. Corrections and resubmission of the application are included in the support fee; an appeal (recurso) is not included and is quoted separately. The legal side is handled by the team’s lawyer. First consultation: 15 minutes free; full consultation: €121 for 45 minutes. Fees and translations are paid separately; we are not responsible for how long the authorities take to reply. Book here: consultation. Service page: digital nomad residence permit.
Frequently asked questions
How much time do you have to file a recurso after a DNV refusal?
What is a recurso de alzada?
Why is the digital nomad visa refused?
Can you reapply after a DNV refusal?
What should you do if the consulate refuses the visa?
What happens to your residence status in Spain after a refusal?
What if UGE has not replied within 20 days?
Official sources
- BOE · Ley 14/2013, articles 62, 74 bis - 74 quinquies, 75 and 76 and additional provision 7 ↗
- BOE · Ley 39/2015, articles 21, 22, 24, 30, 43, 68, 121 and 122 ↗
- BOE · Ley 29/1998 (contencioso-administrativo), article 46 ↗
- Consulate of Spain in Moscow · Visado de residencia para teletrabajo (nómada digital): documents and procedure ↗
- Consulate of Spain in Moscow · Visados: short-stay visas for Russians and appeals against refusals (16.09.2022) ↗
- Ministry of Inclusion, UGE · Preguntas frecuentes, teletrabajadores internacionales ↗
- Ministry of Inclusion, UGE · How to apply (electronic filing, forms MI-T and MI-F) ↗
- BOE · Ley Orgánica 4/2000, articles 36, 52, 53 and 55 ↗
- Ministry of Inclusion, UGE · Documents submitted by main applicants (teletrabajadores) ↗
- BOE · Real Decreto 1155/2024 (Reglamento de Extranjería), ninth additional provision ↗
Sources reviewed on 02.10.2026. Consolidated texts and government reference pages are for information only: applying the law depends on official publications, amendments and the specific circumstances. Reviewed by lawyer Francisco Romero Jiménez (ICAB 33641) on 21.10.2026.
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ReloVictory · Sources reviewed 02.10.2026 · Not a substitute for individual legal advice.