Got rejected, appealing now, what to include in recurso

this happened to a friend of mine in poblenou and he decided to scrap the appeal and just file a new application with the corrected documents. it was actually faster. the appeal can take three to six months while a new application is supposed to be twenty days. since you already have the new letter from the VP, a fresh application might be the path of least resistance. just make sure the new application references why the old one was denied and how you fixed it.

The UGE is being so brutal lately about the remote clause. It is like they think being remote in the US is different from being remote in Spain. Oh wait, for tax reasons, it actually is. your VP letter needs to specifically mention that they accept the social security obligations or that you are still covered under the totalization agreement. if the letter just says you are allowed to be there it might not be enough for them to flip the decision.

I am curious if you used a big agency or an independent lawyer. Some of the big agencies just mass file and don't check for that spain specific wording which is a known requirement now. If you are staying in Gracia check if there are any local gestors who specialize in nomad stuff specifically. The local knowledge sometimes helps more than the big city firms. Best of luck because the stress of that 90 day clock is the worst feeling ever.

Standard UGE move right there. They are getting super picky about the specific phrasing regarding Spain. definitely include that new letter in the appeal.

Honestly just file a new application. Appeals take forever and you can stay legal while a new application is processing. The appeal doesn't always pause the clock the same way.

Did you use a gestor or do it yourself? My gestor told me the UGE is looking for that exact phrase "teletrabajo desde España" or they reject it automatically.

I had the same thing happen in July. We added a line about "telework from Spanish territory" and it got approved on the second try. Took about three weeks for the new one.

the certificate of coverage is usually the biggest hurdle so if you have a fresh one you are already ahead of most people. however the fact that you are in a flat in gracia right now makes this stressful. once you file the appeal you are technically allowed to stay while it is being processed, but you cannot leave the country because you wont have a valid TIE or visa to get back in. you are basically stuck in spain until they decide. do you have enough savings to wait it out for months without being able to travel home.

I had a friend who did a recurso in May and she is still waiting for an answer. Start over. It is faster.

actually that is not right. the SSA still issues the standard one for the US-Spain treaty. the UGE accepts it as long as the dates match your contract.

i had nearly the exact same issue with my uk contract saying remote instead of spain specifically. what really helped my appeal was getting the letter from HR translated by a certified sworn translator here in BCN. did you get your VP letter translated properly. if it is just in english they might ignore it again during the appeal. also make sure the letter is on company letterhead and signed with a digital certificate or at least a wet signature. they hate generic stuff.

Check your SSA form again. If it is the one for the old bilateral agreement it might not work for the DNV. You need the specific one that mentions the nomad law.

did your lawyer mention the thing about silence being positive. usually for the initial application if they dont respond it is a yes, but for appeals it is the opposite. if they dont answer your appeal within a certain timeframe it is considered a negative silence. it is a total nightmare. if i were you i would lean on the lawyer to find out exactly why they didnt just ask for a correction or subsanacion instead of a flat out rejection. usually they give you ten days to fix things before rejecting.

Don't bother with the appeal. It goes to a different department and they are backed up until 2024. Just pay the 73 euro fee again and submit a clean file with the new letter.

honestly dont bother with the appeal process if you are in a rush. my lawyer in madrid told me that appeals are basically a black hole where files go to die for six months. if your ninety days are running out, you might be better off leaving the schengen zone for a bit or just applying as a brand new file if your lawyer thinks they wont flag the old one. the uge is super picky about that specific wording regarding spain. it has to be exactly what they want or they just hit the reject button.

Is your company paying into Spanish social security or are you going freelance? That makes a big difference for the appeal.

I am in the same boat in Madrid. My contract says "Global Remote" and they still rejected it. It is so frustrating because everyone knows what it means.

The Gracia rent is too high to be sitting there without a TIE. I would double check with a second lawyer before you commit to the appeal path.

I am going freelance. My company doesn't have a Spanish entity so I am registering as autonomous here once it is approved.

If you are going autonomous make sure you have the promise to register document. They love that form.

Spain is the land of paperwork. If it doesn't say the exact word they want, it doesn't exist to them. Good luck man.