If you’re planning to move to Spain as a digital nomad, one of the most common and important questions is: Should you apply for the Digital Nomad residence from Spain or through the Spanish consulate in your home country?
There is no one-size-fits-all answer. The best option depends on your nationality, family situation, financial planning, and even the timing of your move. Below, we explain both routes with real-life examples to help you decide.
1. Applying from Your Home Country (Spanish Consulate)
✅ Pros
- Legal entry guaranteed: Once approved, you enter Spain already holding the visa.
- Higher legal certainty: You avoid changing your immigration status inside Spain, which reduces legal risk of falling under illegal status in case of denial.
- Clear procedural framework: Consulates follow a traditional visa process, which many applicants find more predictable.
- Ideal for families: If you are relocating with children, you can plan school enrolment from day one.
Practical example: A family with two children relocating from the United States, even though they do not require a Schengen visa to enter Spain, chose to apply through the Spanish consulate first. As the main applicant was a freelancer working with multiple clients and variable income, they were not entirely certain that the financial requirements would be met and preferred to minimise legal risk. Before selling their belongings and making a permanent move from the U.S. to Spain, they secured the visa in advance, allowing the family to enter Spain together and enroll their children in school immediately upon arrival, without legal uncertainty.
❌ Cons
- Longer processing times: Timelines vary significantly depending on the consulate. Some give you an answer within 10 working days, others take longer.
- You must stay outside Spain: Travel to Spain under that visa is only possible once the visa is approved.
- Strict documentation requirements: Some consulates request very detailed and sometimes inconsistent documentation. Requirements may vary significantly between consulates, and in some cases applicants are asked to provide documents that are not legally mandatory at that stage, such as prior registration with Social Security as autónomo before approval, specific health insurance policies, or additional supporting evidence.
- Initial residence valid for 1 year.
Practical example: William, a U.S. national, applied for the Digital Nomad visa through the Spanish consulate and was granted an initial residence permit valid for one year. During that first year, his income dropped significantly after losing a major client, which meant he no longer met the financial requirements for renewal. As renewals require continued compliance with all legal conditions at the time of renewal, extending the Digital Nomad residence for an additional two years was no longer an option in his case.
This did not mean that his situation was without solutions. Based on his specific circumstances, alternative residence options were available under Spanish immigration law. At MigratioLex, we carried out a tailored legal assessment and assisted him in identifying and transitioning to a more suitable immigration pathway.
If you find yourself in a similar situation, we recommend booking a legal consultation so we can assess your case and advise you on the most appropriate strategy. Book your consultation here.
2. Applying from Spain (UGE-CE)
✅ Pros
- Convenience: You may apply while already in Spain, provided you hold a valid legal status (tourist, non-lucrative visa, student visa, etc.). This option is particularly practical for nationals who do not require a Schengen visa to enter Spain, such as citizens of the United Kingdom, United States, Canada, Japan, Mexico, and the United Arab Emirates, among others.
- Faster resolution in some cases: The UGE has 20 working days to issue a decision. If no response is issued within this timeframe, positive administrative silence may apply.
- Initial residence valid for 3 years, which offers greater medium-term stability compared to applying from abroad.
- Physical presence in Spain is only required at the time of filing the application, not throughout the entire processing period.
Practical example: Lihong, a Chinese national, entered Spain with a student visa. While studying, she was also working remotely for a U.S.-based company and met all the legal requirements for the Digital Nomad residence. Before her student permit expired, she applied for a change of status from within Spain, which was successfully approved.
❌ Cons
- In some cases, prior Schengen visa is required: For nationals of countries that need a Schengen visa to enter Spain, such as Iran, the Philippines, China, and others, entering Spain in advance may be complex or impractical, as it involves an additional visa application process before travel, with uncertain timelines and outcomes.
- Higher risk of becoming irregular in Spain: If the application is rejected, you may be required to leave Spain in order to avoid overstaying or future re-entry issues.
- Strict procedural deadlines: If immigration authorities request additional documents (sometimes with deadlines as short as 10 working days) and those documents must be obtained or legalized in your home country, meeting the deadline may be unrealistic due to local bureaucratic timelines, increasing the risk of refusal.
- More demanding documentation standards: As this is a relatively new residence permit, central immigration authorities are applying evolving criteria and interpretations, leading to increased scrutiny and a higher level of legal uncertainty.
Practical example: Hassan, an Iranian national, applied from within Spain. During the process, immigration authorities requested additional documents that required legalization in Iran. As the legalization process for Iranian documents must be completed in the home country and appointments at the Spanish Embassy were taking between one and two months, he was unable to meet the deadline. As a result, his application was denied.
Final Conclusions: Which Option Is Right for You?
Choosing whether to apply for Spain’s Digital Nomad residence from your home country or from within Spain is not just a procedural decision – it is a strategic legal choice that should be based on your personal and professional circumstances.
There is no universally “better” option. Each route offers advantages, but also carries specific risks that must be assessed in advance.
Key takeaways:
- Applying through the Spanish consulate generally offers greater legal certainty, especially for families, applicants with variable income, or those planning a permanent move who prefer to secure their status before relocating.
- Applying from Spain can be faster and more convenient, particularly for nationals with visa-free Schengen access or those already holding a valid residence status. However, it involves stricter deadlines, evolving criteria, and higher procedural risk if additional documentation is required.
- Nationality matters: Access to Schengen, legalization timelines, and consular practices vary significantly depending on your country of origin.
- Timing and planning are essential: School calendars, financial stability, currency devaluation, and exit strategies from the home country all play a decisive role.
- A refusal does not always mean the end of your options, but recovering from a poorly planned application is often more complex than getting it right from the start.
At MigratioLex, we do not apply a one-size-fits-all approach. We assess each case individually, identify the safest and most efficient legal route, and anticipate potential risks before they become problems.
If you are considering applying for Spain’s Digital Nomad residence and want clarity on which option is best for your situation, we recommend booking a legal consultation so we can evaluate your case and advise you on the most appropriate strategy. 👉 Book your consultation here.
Need a complete breakdown of Spain’s Digital Nomad residence permit, from requirements to costs and timelines? Read this article.
