The Spain Digital Nomad Visa has been one of the most attractive residency options for non-EU professionals since its introduction. It allows remote workers and business owners to legally live and work from Spain while maintaining economic activity abroad.
However, February 2026 has brought an important development that specifically affects sole directors and sole shareholders of their own companies. While this visa category has historically worked well for this profile, a new denial based on a change in interpretation has raised understandable concerns among applicants.
This article explains what happened, why it matters, and what practical solutions exist if you are a sole director applying for the Spain Digital Nomad Visa.
What Changed in February 2026 for the Spain Digital Nomad Visa?
At the beginning of February 2026, immigration authorities issued the first known denial of a Digital Nomad Visa application based on a new interpretation of eligibility criteria for sole directors.
The applicant profile was not new:
- Sole shareholder of a foreign company
- Sole administrator/director
- Remote work carried out from Spain
- A structure that had already received many prior approvals
Despite this history, immigration authorities argued that:
If you are the sole business partner and sole administrator of your company, you cannot perform all company activities remotely, and therefore do not qualify for the Digital Nomad Visa.
This reasoning marked a departure from previous approvals, not a formal change in law.
Is This a Change in the Law?
No.
This is not a legislative change, and no new regulation has been officially published.
What has occurred is a change in interpretation by immigration authorities, potentially by a single official or office. This distinction is critical:
- The law has not changed
- The requirements have not been officially amended
- No public criteria have been published
Instead, the administration applied a new interpretation to a specific case.
Should Sole Directors Panic?
No — and this point cannot be emphasized enough.
At the same time this denial occurred, other applications with identical profiles were approved. This confirms an uncomfortable but well-known reality of Spanish immigration:
Interpretations are not always consistent, even for identical cases.
In practical terms:
- Approvals are still being granted
- Sole directors are not excluded as a category
- This is a warning sign, not a system-wide rejection
Why Are Sole Directors Being Questioned?
The core concern raised by immigration authorities is the following assumption:
Some business activities require in-person presence in the country of origin, and a sole director cannot delegate those tasks.
From the administration’s perspective, this leads to two conclusions:
- The applicant cannot perform all duties remotely
- Therefore, the applicant does not meet the remote work requirement
This reasoning ignores modern business realities — but it explains the logic behind the denial.
The Most Effective Solution: Power of Attorney
The primary solution identified by immigration lawyers is the use of a Power of Attorney.
How a Power of Attorney Solves the Problem
A Power of Attorney formally authorizes another individual in the country of origin to:
- Perform administrative tasks
- Sign documents in person
- Represent the company locally
- Handle any non-remote activities
This directly addresses immigration’s concern by demonstrating that:
- All tasks requiring physical presence are delegated
- The applicant’s role is fully remote
- The company remains operational without the director being physically present
This Is Not a New Strategy
This approach is already well established in another Spanish residency category: the Non-Lucrative Visa.
Under the Non-Lucrative Visa:
- Working in Spain is prohibited
- Business owners frequently use a Power of Attorney
- Immigration has long accepted this structure
The same legal logic applies to the Spain Digital Nomad Visa.
Why Are There Still Approvals Without a Power of Attorney?
Because immigration interpretations vary significantly.
What has been observed repeatedly:
- Some applicants are denied
- Others reapply with the same documents
- They receive an approval without changing a single detail
This inconsistency highlights the discretionary nature of the process and reinforces the importance of strategy and timing.
What to Do If You Are Denied a Spain Digital Nomad Visa
Your options depend largely on whether you still have tourist days remaining in Spain.
Option 1: Reapply While Still in Spain
If you are within your 90-day tourist stay:
- You can reapply immediately
- You may reapply with:
- The same documents, or
- An improved application including a Power of Attorney
In many cases, reapplications have resulted in approvals.
Option 2: File an Appeal
An appeal allows you to:
- Challenge the inconsistency
- Reference thousands of prior approvals
- Argue unlawful changes in criteria
However, appeals take time and are usually combined with another strategy.
Option 3: Apply from the Consulate
If you have no tourist days left:
- You may apply from your home country’s Spanish consulate
- This restarts the process under consular jurisdiction
Why Immigration Criteria Changes Are So Difficult to Challenge
One of the biggest challenges is that criteria are not published.
This creates a legal paradox:
- The law prohibits arbitrary changes in criteria
- But unpublished criteria make changes hard to prove
- Lawyers must rely on approval history rather than official documentation
While this complicates litigation, experienced immigration lawyers know how to build cases based on precedent.
Sole Directors vs Employees: Why This Matters
Interestingly, employees have also faced issues — particularly W-2 employees — meaning that:
- Sole directors are not uniquely targeted
- The Digital Nomad Visa remains complex for many profiles
In reality, most applicants are company owners, not employees. This makes finding a solution essential for the visa’s continued viability.
Is the Spain Digital Nomad Visa Still Worth It for Sole Directors?
Yes — but with preparation.
The visa remains one of the best legal pathways for:
- Entrepreneurs
- Online business owners
- Consultants
- Remote executives
However, February 2026 confirms an important truth:
The Spain Digital Nomad Visa is not black and white.
It is a living system shaped by interpretation.
Why Professional Guidance Is Essential
Given:
- Changing interpretations
- Inconsistent outcomes
- Lack of published criteria
Working with professionals who:
- Handle large volumes of cases
- Monitor real-time decisions
- Adapt strategies quickly
…is no longer optional. It is essential.
