Spain's Supreme Court removes the 183-day absence barrier to digital nomad visa renewals

Spain’s Supreme Court has ruled that digital nomad visa holders can no longer be denied a renewal simply because they spent fewer than 183 days in Spain during the year. According to reporting by The Local Spain, the court found that the 183-day requirement was invalid because it existed only in a bylaw (Article 14.3 of Royal Decree 240/2007) rather than in primary legislation, and that prolonged absences cannot automatically justify the loss of a temporary residence permit.

Why this matters

If you hold Spain’s digital nomad visa and your work takes you abroad for long stretches, this removes a specific and stressful risk at renewal time. It confirms that the visa is built around remote work carried out by telematic means rather than around continuous physical presence in Spain. The ruling does not change the income requirement, which remains at the settled 2026 level, and it does not apply to non-lucrative visa holders, who must still demonstrate more than 183 days of actual residence each year under Royal Decree 1155/2024.

Context

The decision continues a line of rulings stretching back to June 2023, with further judgments in July 2024 and October 2025, gradually narrowing the circumstances in which absence can cost a holder their residence. It arrives as Spain’s immigration authority, the UGE, tightens other parts of the digital nomad framework, including cross-referencing residency data with tax and social security records.

What to watch

Confirm how the UGE applies the ruling in practice at renewal, and verify the exact judgment reference before relying on it. Anyone close to a renewal with a heavy travel year should take qualified immigration advice on their specific situation.