What to do after a refusal, how to read the motivation of the authorities, and when it makes sense to rebuild your case.
We will address some of the most important questions for any relocator.
The residence permit in Spain is issued for 3 years, but it can be extended for another 2 years and then you can apply for permanent residency. Holders of residence permits for entrepreneurs (StartUp Visa) and remote workers (Digital Nomad) can extend their current residence permit or modify it to another type of residence in Spain. When extending, they check your compliance with the obligations of the current residence permit in Spain, namely your registration in the RETA registry and social security, except for nomads in employment, who do not have such an obligation initially. This also does not affect your tax obligations.
If you are a startup founder but not conducting business in Spain, you need to 'prepare' your company for this moment, gather the necessary reports, update your business plan, and submit documents for extension. We can help with this: we can assist in registering your company and preparing all the reports. You should apply as early as possible — 60 days before the expiration of your residence permit in Spain.
At the same time, you should prepare documents for the Digital Nomad. If you received a refusal for the startup extension — we submit documents for the digital nomad. If you feel that some documents for the Nomad are missing, come for a consultation — we will discuss and analyze your case.
If you are a Nomad, you need to rebuild your case: update documents from your employer, all certificates, relationships with family members (family members), redo all financial statements, and pay the fees. Extension is a great time to switch from freelancing to employment and vice versa (you can do this earlier, at any time). If necessary, you can also change the main applicant.
In special cases, you can consider transitioning to the Digital Nomad Autonomo residence. The application for it must be submitted no later than the expiration of the current residence permit.
Residence permits may not be extended if the submitted documents do not meet the requirements. For example, if a person has a criminal record or an unfavorable police report. There was a case when a person came to us for an extension of their residence permit in Spain, but they were refused. The reason was a police report stating that he and his wife behaved aggressively and were arguing. Even for such reasons, a refusal can be issued, so be careful.
Also, residence permits are not extended if a person no longer meets the requirements of their current status. For example, if they applied for a residence permit based on a startup but are not conducting economic activity. To extend the status, you need to provide annual company reports or form 347 about counterparties.
If you have a Startup, the Spanish agency ENISA will evaluate the report on the work done over the past three years and the plan for the next two. They may refuse to extend if they believe the project is no longer of interest to Spain or is insufficiently implemented.
To extend your residence permit in Spain, you need to provide the same set of documents and confirm that your income meets the legal requirements. If it has decreased or if there are criminal records, the residence permit will not be extended. To avoid such a situation, it is advisable to think ahead about the strategy for submitting documents and consider alternative options. And yes, it is possible to extend even if you have not lived in the country. Currently, the law does not require mandatory residence in Spain for more than 183 days for all types of residence permits in Spain except for No Lucrativa. This issue of extension should definitely start with forming a clear plan, especially with an eye on permanent residency in Spain.
A refusal does not mean that you will never be able to obtain a residence permit in Spain again. There are no such restrictions in the law. Even if you are refused several times, you can apply again in a year, in five years, or after any other period. No one will prohibit you from applying again. It is important to be in a legal status and submit documents that meet the requirements for the chosen type of residence permit.
If you received a refusal, the main thing is to calm down, accept the situation, and understand the reasons for it, and then submit the documents again. For example, if you already have a residence permit in Spain and suddenly receive a refusal, it does not mean that your residence is immediately annulled – it can be extended two months before the expiration of the current card and within three months after that. If your card is expired, you can only apply for an extension.
This is especially important for startup founders, as the document verification process for extending a residence permit in Spain can take three months. If you do not manage to submit the documents in advance, it may lead to the loss of legal status in Spain, and then you will have to leave, obtain a tourist visa, and apply again.
Psychology also plays a role here – we know from experience that the more you worry and stress, the less you succeed. It is important to approach refusals calmly – this is not a sentence or a ban, but just a temporary difficulty.
If this is your first refusal and you have not had a residence permit in Spain before, the situation is simpler. In this case, you can contact us. We will analyze your case, examine the reason for the refusal, and help you refine the documents. We have many cases of successful approvals after refusals.
You can register for a free strategic session and receive a roadmap for approval by clicking the button below
It is also worth considering that refusals can be caused by various reasons. For example, agency staff may overlook something or misunderstand the documents, or they may request additional information but not receive a response. Our task is to prepare cases so that agency staff can easily and clearly verify them. We strive to make each case as transparent and logical as possible.
When a refusal comes, the resolution always states the reason for it. However, the wording may be unclear. We know how to read these lines and understand what exactly does not meet the requirements. We also teach people how to read refusals correctly and apply their experience for analysis. We always strive for maximum clarity for the client, staff, and personal manager. The more information the client receives at the start, the easier it will be to work on the case. This applies not only to refusals but also to regular submissions.
Anton, an experienced entrepreneur, came to us. He successfully launched four businesses in Russia and decided to enter the international market through the StartUp residence permit. He chose Spain for this. He contacted us. We prepared a business plan and uploaded all the documents. But then something unexpected happened:
At the end of 2022, ENISA became responsible for checking business plans. Previously, this was handled by the Ministry of Economy of Spain. And the first requirement of the agency was to rewrite all business plans according to the new regulations and upload them to the new portal.
However, the immigration service did not want to wait and sent a refusal for the residence permit in Spain in the absence of an approved business plan. With the refusal, Anton and his family's legal status disappeared, and they had to leave the country with an expired visa. Our visa consultants came to the rescue: they obtained a new visa and placed it in their passports despite the overstay!
Later, approval came from ENISA, Anton and his family entered with the new visas, and we began working on the refusal: on December 20, we uploaded the new documents, and after half a month, we received approval for the whole family.
After a refusal, you are always given a chance for another submission. And to not miss this chance, we can fully support you, from gathering documents to receiving the card in hand. We address all these issues during the consultation. Yes, this is a brief topic, but extremely important, as questions about extensions and refusals cause a lot of skepticism and anxiety for many.
Remember – there is nothing complicated here. The main thing is to double-check all documents and strictly follow all plans. You can find out when you need to apply for an extension specifically for your case, how to act in case of refusals, how to change your residence, and how to obtain permanent residency at our meeting with an expert – they will guide you and provide you with a clear action plan.