At MigratioLex, we have recently achieved a successful outcome in a Digital Nomad residence permit procedure for a Japanese client, an entrepreneur and sole shareholder of his own company. Beyond the favorable result, this case is particularly relevant from both a practical and legal perspective.
1. Proper preparation of the application
In this type of residence permit, the quality and consistency of the documentation are essential from the outset. In this case, we prepared and submitted a complete and well-structured application, including, among other documents:
- Articles of incorporation
- Certificate of Good Standing
- Approved annual minutes and financial statements
All documentation was duly apostilled and translated, thereby avoiding potential requests for additional information.
2. Decision timeframe and real context
The application was submitted in late November 2025, a particularly sensitive period due to public holidays and year-end closures. Despite this, other Digital Nomad residence applications filed by our firm around the same dates were resolved within the statutory 20 working days.
In this specific case, however, the legal deadline elapsed without any express decision or request for additional documentation, triggering the application of positive administrative silence.
3. Why administrative silence matters in this residence permit
Unlike most residence permits in Spain, the Digital Nomad residence benefits from positive administrative silence, as expressly provided for in Law 14/2013, on Support for Entrepreneurs.
Specifically, Article 76.1 establishes a maximum decision period, while Article 24.4 of Law 39/2015 allows administrative acts resulting from silence to be invoked before the Administration itself and third parties, producing legal effects from the expiry of the statutory deadline.
4. Legal action taken by the firm
Once the expiration of the legal deadline was confirmed, we submitted a formal request for recognition of positive administrative silence, expressly citing the applicable legal provisions and demonstrating that the maximum decision period had been exceeded.
It is important to note that, even when positive administrative silence applies, the Administration remains obliged to issue an express decision. In this case, following the submission of our request, we obtained a favorable express resolution within approximately five working days, formally confirming the approval of the application.
Practical conclusion
This case demonstrates that, in Digital Nomad residence procedures, submitting the application is not enough. Understanding the applicable deadlines, the legal framework, and knowing when and how to act can make the difference between a stalled application and a properly recognized residence permit.
At MigratioLex, we approach each case with a strategic and legal mindset, anticipating scenarios such as this and defending applicants’ rights when the Administration fails to decide within the legal timeframe.
You may contact us to assess your specific situation.
