What can I do if Spain refuses my digital nomad visa or permit?

Checked on 2026-10-25

A refused international telework residence permit can be appealed with a recurso de alzada within one month of the written decision; the authority then has three months to decide. For a refused visa, consular guidance says you can ask the consulate to reconsider within one month, or go to the High Court of Justice of Madrid within two months.

Key facts

What	The source says	Source
Residence permit decisions	Must give reasons; can be appealed with a recurso de alzada	Ley 14/2013, art. 76.1
Deadline to appeal the permit	1 month from a written (express) decision; after that it becomes final	Ley 39/2015, art. 122.1
Where to file	With the body that issued the decision or the one that decides the appeal	Ley 39/2015, art. 121.2
Time to decide the appeal	3 months; without a decision the appeal can be treated as rejected (with one exception in art. 24.1)	Ley 39/2015, art. 122.2
Refused visa	Notified in writing with the reasons	Washington consulate guidance, “Procedure”
Visa: reconsideration	Appeal for reconsideration to the consulate within 1 month of the day after notification	Washington consulate guidance, “Procedure”
Visa: court	Judicial review at the High Court of Justice of Madrid within 2 months of the day after notification of the refusal or of the rejected reconsideration	Washington consulate guidance, “Procedure”

Permit refused in Spain

Ley 14/2013 (art. 76.1) says decisions on the residence permit must give reasons and can be challenged with a recurso de alzada under arts. 121 and 122 of Ley 39/2015. Under Ley 39/2015, you have one month from an express decision to file it (art. 122.1). You can file it with the body that issued the decision or with the one competent to decide it (art. 121.2). The authority has three months to decide; if it does not, you can treat the appeal as rejected, except in the case set out in art. 24.1, third paragraph (art. 122.2). After the alzada decision, no further administrative appeal is possible except the extraordinary review appeal in the cases of art. 125.1 (art. 122.3).

Visa refused at a consulate

The Washington consulate’s guidance says a visa refusal is always notified in writing with the reasons. You can ask the consulate to reconsider within one month of the day after you receive the refusal. You can also go to court: the High Court of Justice of Madrid (Tribunal Superior de Justicia de Madrid), within two months of the day after you receive the refusal or the rejection of your reconsideration appeal.

No answer on the permit within 20 days means it is granted by administrative silence (Ley 14/2013, art. 76.1).

Sources

Ley 14/2013, de 27 de septiembre, de apoyo a los emprendedores, art. 76.1 (consolidated text, BOE) checked 2026-10-25
Ley 39/2015, de 1 de octubre, del Procedimiento Administrativo Común, arts. 121–122 (consolidated text, BOE) checked 2026-10-25
Embassy of Spain in Washington DC, Consular Section: Telework (Digital nomad) Visa, 'Procedure' (Ministry of Foreign Affairs) checked 2026-10-25

Change history

2026-10-25: Page created

This is general information, not legal advice, and Lumen is not a law firm. Rules change and offices differ: check the official sources above before you act. Found something wrong or out of date? Write to support@lumen.observer.