CASE NOTES

Having the documents is not the same as proving the requirement.

TSJ MADRID · SENTENCE 360/2026 · 13 APRIL 2026

PUBLISHED · 23 August 2026

LAST REVIEWED · August 2026

LATEST

PUBLIC CASE · NOT AN OLEXPAT CLIENT

A Digital Nomad applicant relied on financial evidence, Social Security commitments and foreign company documentation. The appeal was still dismissed.

The refusal involved more than one issue

The applicant, an Argentine national, had previously held an international teleworker visa and later applied for an initial residence authorization in Spain. The administration identified problems concerning financial means, Social Security compliance and the evidence used to prove the foreign company's activity.

During the proceedings, further bank evidence, Social Security commitments and company documents were produced. But one of the central disputes concerned how the foreign company records had been authenticated.

Why the apostille mattered

The court considered that the apostilles relied on related to notarial certifications rather than properly authenticating the original official company records in the way required for the evidence being relied upon.

The appeal was dismissed.

The legal lesson

Documents have a chain of validity.

For foreign evidence, it is not enough to collect something that appears to prove the right fact. You need to check who issued it, whether that is the document the Spanish authority requires, how it must be authenticated, whether it needs a sworn translation and when it needs to be filed.

SOURCE → ORIGINAL DOCUMENT → APOSTILLE → SWORN TRANSLATION → FILING

SOURCE

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