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Spain’s digital nomad visa, created by the Startup Act in 2023, has become one of the most requested residence permits among remote workers moving to Mallorca and the rest of Spain. It is also a permit where small mistakes lead to refusals. If your digital nomad visa for Spain was rejected, or you want to avoid that happening, these are the most common problems and how to solve them.
A quick reminder of the requirements
The permit is designed for non-EU nationals who work remotely for companies or clients outside Spain. In general you must show:
- Remote work for a company that has existed for at least one year, or as a freelancer with foreign clients.
- An employment or service relationship of at least three months before applying.
- A university degree or at least three years of relevant professional experience.
- Income of at least twice the Spanish minimum wage (the threshold is updated when the minimum wage changes), plus additional amounts for family members.
- Private health insurance valid in Spain without co-payments.
- A clean criminal record.
Freelancers may work for Spanish clients, but that work cannot exceed 20% of their total professional activity. For a full overview, see our main page on the digital nomad visa.
The most common refusal reasons
1. Insufficient or poorly documented income
The income must be stable and verifiable. Refusals often happen when:
- Bank statements show irregular payments.
- The contract does not state the salary clearly.
- The applicant relies on savings instead of work income.
- Family members were not taken into account in the calculation.
Solution: provide a contract or client agreements with clear amounts, recent payslips or invoices and matching bank statements.
2. The employer does not authorise remote work
For employees, the company must confirm in writing that the job can be performed remotely from Spain. A generic «work from anywhere» policy is often not enough.
3. Company age and activity not proven
The employer or main clients must have been operating for at least one year. Missing certificates of incorporation or activity are a frequent problem.
4. Qualifications or experience not proven
Degrees must be official and, depending on the case, legalised. Professional experience must be documented with employment certificates, contracts or references clearly showing three years of relevant work.
5. Social security coverage
Employees must show social security coverage, either through a certificate from their home country under a bilateral agreement or by the employer registering in Spain. This is one of the most technical and misunderstood requirements.
6. Health insurance with co-payments
Insurance must be comprehensive, valid in Spain, without co-payments or waiting periods.
7. Documents not legalised or translated
Foreign documents usually need an apostille and sworn translation into Spanish. Missing formalities lead to requests for more information or refusals.
8. Applying through the wrong route
You can apply from your home country at a Spanish consulate (visa) or from within Spain if you are legally present (residence permit). Choosing the wrong route or timing can complicate the process.
What to do if your application is refused
A refusal can be challenged:
- Administrative appeal (*recurso de reposición*) within one month.
- Court appeal before the administrative courts.
In many cases, filing a new, well-prepared application is faster than appealing. A lawyer can assess which option makes more sense. Our immigration lawyers review refused files and prepare new applications.
Frequently asked questions
Can my family come with me?
Yes. Spouses, partners and dependent children can apply together, provided the income threshold is increased accordingly.
How long is the permit valid?
When granted from within Spain, it is initially valid for up to three years and can be renewed.
Can I become tax resident in Spain?
Yes, and you may be eligible for the special tax regime for impatriates, which should be analysed before moving.
Conclusion
Most refusals are not about eligibility but about documentation. A carefully prepared file with clear evidence of income, remote work and qualifications is the best route to approval. Castell.law prepares digital nomad visa applications for clients relocating to the Balearic Islands and the rest of Spain.
