Last Updated on April 18, 2026 by Bruno Bianchi
Question
Has anyone here got their Spain Digital Nomad Visa accepted even if you’ve overstayed the 90 days at the time of application or know of anyone who has overstayed and still got their visa accepted.
Answers
These are the answers of Spainguru’s Spain Digital Nomad Visa group members:
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Start the Moving to Spain Hub →“I know someone who overstayed, wanted to try applying anyways and got approved… but they were lucky, it is not common at all and I don’t recommend it. I explain: submitted an application when they still had Schengen days left, UGE requested more documents, which I submitted on time (next day) and one day after submission I got a ‘desestimación’.
I appealed but my clients said they were willing to try to apply again even if at that point (after desestimación) they were already passed their Schengen days, so I submitted a new submission.
In this new submission I added all the documents as usual plus proof of having done everything correctly the first time and saying UGE committed a mistake when they ‘denied’ them the first time. They got approved this second time!
I guess they realized they did deny them by mistake the first time… but honestly with UGE I don’t know. They could also have been lucky and the person processing the application didn’t realize they were out of Schengen days.”
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“Even with one day overstay, DNV denied, appealed without success.”
“One of the fundamental requirements is that you are in Spain legally on the day you submit. (Nearly all visas have this requirement)”
“Yeah that’s like the number one rule.”
Conclusion
Overstaying Schengen days generally poses a significant barrier to obtaining the Spain Digital Nomad Visa, as legal presence at the time of application is a fundamental requirement.
While there are rare exceptions where individuals may have been approved despite overstays—often due to administrative oversights or errors—these cases are not the norm and should not be relied upon as a viable strategy.
Applicants should ensure they are in full compliance with Schengen visa rules to avoid complications or outright denials in their application process.
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