Question
“Has anyone had a Spain Digital Nomad Visa appeal resolved recently (May 2024)? I’ve been waiting seven months without being able to leave Spain, and I’m starting to lose hope.
I’m starting to think there is no option but to get banned from Schengen for overstaying when I eventually try to travel. I got denied by an administrative error too, so not even my fault. Is it possible that the UGE won’t ever respond to an appeal?”
Answers
These are the answers of Spainguru’s Spain Digital Nomad Visa group members:
“I waited 6 months in appeal and got a positive resolution. Appeal resolved was received on 23rd February 2024, positive administrative silence went in after 20 days but still no visa received as yet.
The appeal was resolved, but after this it gets passed back to the UGE who process the visa applications. It is still with them at the moment. As they did not reply after 20 days from the appeal solved date (18th March), my lawyer submitted positive administrative silence. We are still waiting for a reply, my lawyer is now submitting further positive admin silence requests. It’s been a long road.”
“I had to wait a little over 6 months for an answer which unfortunately was a denial. Though I have seen others wait this long and have had a positive resolution. When I left Spain after being denied I had gone over my Schengen days by like 6 months and had no problem exiting through passport control. I’m pretty sure that you are allowed to stay in Spain as long as your visa is in the appeal process.”
(Lawyer’s answer): “This is correct. You are allowed to overstay while waiting for your appeal.”
(Lawyer’s answer): “If it was just the declaración de entrada and you did indeed submit it, you probably have a high chance. IF it was just that.”
“They denied without asking for documents, and I received the letter saying that the reason for the denial was that I didn’t prove I was regular in Spain at the time of application.”
“There’s one case who got their appeal resolved after 9 months.”
“It was better to have corrected the application and resubmitted it. The UGE is not the entity that resolves the appeal.”
Conclusion
Waiting for an appeal resolution under the Spain digital nomad visa can be a prolonged and uncertain process, often extending for many months. However, during this period, applicants are generally allowed to stay in Spain, even if their Schengen days are up, provided their appeal is actively being processed.
This can provide some reassurance to those worried about overstaying illegally. It’s crucial to maintain communication with legal advisors and be prepared for delays in the resolution and subsequent visa issuance process.
Join our community!
Make sure to join our dedicated Spain Digital Nomad Visa group here!
