Question
We were denied the Spain Digital Nomad Visa because we couldn’t provide apostilled documents for our client companies. Bank statements showing that these companies have made payments to our company over the past year were not sufficient proof for them that the companies actually exist.
Apostilling our clients’ documents is difficult due to time constraints and feasibility. The question is, does it make sense for us to file an appeal? As I understand, the requirement for apostilling client documents is not typical.
Answers
These are the answers of Spainguru’s Spain Digital Nomad Visa group members:
“An apostille is a global way the government can be sure your documents are official.”
“You have to send them to your foreign office and they stamp it essentially for a fee. In the UK it is easier to use a solicitor who specialises in apostilles as they organise it all for you. But it can be done yourself too.”
“The most simple definition of the apostille process is that it’s the process that legal documents need to go through to be used in another country.”
“Appealing will not solve your problems because the apostille is instrumental in this process. You are mentioning that you provided bank statements to show that your clients pay via a bank account that is set up under your company’s name and not yours. This seems to have two serious issues within one same application. If you tried to DIY this, I would recommend getting an attorney.”
(Lawyer’s answer) “No, appeals to the Immigration office very rarely are successful as they have to admit they were incorrect. It is better & quicker to apply again with the correct documents apostilled.”
“I’m on a similar case as you. We provided all apostilled and sworn translated documents of my LLC. They also asked for apostilled incorporation documents of the clients of my LLC. Will try to appeal because it’s not feasible to get this done within the time they gave me.”
“If your clients are US based you can totally apostille the certificate of good standing of the company without asking them to do it, since this is a public document. The best thing will be to apply again, and start with the apostille process at the same time.”
“It’s not only about money i.e., meeting the financial requirements but also preventing money laundering.”
Conclusion
The collective insights suggest that appealing a visa denial due to lack of apostilled documents for the Spain Digital Nomad Visa may not be advisable due to the strict requirements and the critical role of the apostille in the process.
It seems more efficient to reapply with the correct documents, especially considering the complexities and legal necessities involved. Utilizing professional services for apostilling documents, particularly for U.S.-based clients, is also recommended to ensure compliance and streamline the application process.
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