How to appeal a visa rejection for Spain

What happens if your visa to move to Spain gets denied? What do you do if your temporaryresidence permit renewal is refused? Whether you are already in Spain on an expired visa, are applying to travel to Spain for a holiday, or intend to live there permanently or temporarily, waiting for a response to your application can be nerve-wracking. But if you meet the visa requirements, and have submitted all the correct documents to the Spanish Consulate at home or the immigration authority in Spain, you will probably be fine. Spain issues over two million visas per year.

Some applications do get rejected. This is not necessarily the end of the story, though – many appeals are successful. The best way to increase your chances of your visa application being accepted the first time around is to get a specialist immigration lawyer to help you compile it, but if you still get a rejection, legal experts recommend you always consider an appeal before giving up.

Here's a guide to the appeal process for Spain – but first, we'll explore the most common reasons why your visa request might be turned down.

Reasons a visa for Spain might be rejected

Your application for a visa for Spain may be turned down for a number of reasons, but sometimes, a solution is very simple. Even if it's not, you may still have a case for appeal. Where the solution is complex, not obvious, or open to interpretation, use a legal firm with extensive experience in handling immigration issues.

These are some of the most common grounds for visa denial:

Errors and omissions in your application

These could include:

• Not supplying the complete documentation
• Not supplying sworn translations of documents, where requested
• Not giving sufficient evidence of your reasons for wanting to live in Spain
• Not supplying copies of every single page of your passport, or showing a passport with less than a year to run before it expires
• Providing out-of-date paperwork

Fortunately, these issues are relatively easily resolved, but you should still get an immigration law specialist to check nothing is missing before you reapply.

Insufficient financial means

Applying for a visa in your own name means you need to prove savings or annual income in line with the IPREM. This is a Spanish-government set figure used as a base for non-contributory State benefits, and is currently €7,200 per annum.

A lone immigrant needs annual income or savings of at least four times the IPREM, or €28,800. For each additional household member, a further €7,200 per year must be added.

It is always advisable to try to show a higher figure if you can, especially in light of exchange rates. You may have calculated your income correctly, but a rate change could put you below the threshold.

Income requirements are much lower for a family reunification visa, but sufficient proof is needed if the sponsor is a non-EU citizen.

Family reunification: Insufficient proof of dependence or relationship

This may jeopardise your application if it is missing or incomplete. Take a look at our comprehensive article on how to apply for a family reunification visa and all paperwork needed.

Issues with health insurance cover

Your compulsory health insurance for a visa application must not include co-payment, nor exclude any medical treatment or condition – not even pre-existing conditions. It must offer a level of protection approved by the Spanish government, and cover every medical eventuality for the full length of your stay. Where your insurance does not meet the required standard, your visa application is likely to be rejected.

The right cover may well be expensive; avoid simply opting for the lowest premium, and seek legal advice before you sign up. A specialist immigration lawyer will be able to help ensure your policy meets Spain's requirements.

Previously-recorded overstaying or visa denial

If you have ever spent longer than 90 days within any 180-day period in the Schengen area – even if not in the same country – without authorisation, your visa application may be refused. You may be under a temporary ban as a result, but could even be denied a visa after the ban has expired, depending upon the Consulate you apply to.

If you had sound reasons for overstaying, such as illness, a family emergency or widespread transport disruption, an immigration lawyer may be able to make a case for you. It's not guaranteed, but is always worth trying.

Prior visa denials for other Schengen countries might, or might not, trigger a refusal. This may depend upon the reasons your application was denied, whether or not you appealed, and on what grounds. Again, legal advice is valuable here.

Criminal record

Crimes you have been found guilty of or are awaiting trial for in your home country or a Schengen nation, or in any country you have lived in within the past five years, regularly cause visa application denials.

Laws may vary concerning spent convictions in different countries. In some, convictions for violent crimes never 'expire'; in others, no conviction at all is ever spent. In some cases, you might still need to disclose a spent conviction. If you disclosed a now-expired crime when you did not have to, this still might work against you.

Visa rejections based upon criminal records are difficult to appeal successfully, but this may depend upon the finer details, and a lawyer might be able to help you.

Not having accommodation in Spain

This does not always result in an instant rejection, as it depends upon the Consulate you apply to. Booking a hotel room, holiday let or AirBnB may not be enough.

If you intend to move to Spain formally before buying a home, you should seek a long-term rental ahead of applying for your visa. You must be able to show a formal rental agreement if requested.

Consular errors

Handling mistakes are rare, but not impossible. If you think the Consulate Inspector who dealt with your application has made an error, you should appeal directly to them and provide evidence of this.

Changes in immigration law

Any legislation changes affecting granting visas for your situation will not normally apply if they happen after the Consulate has acknowledged receipt of your application. If a recent change has occurred that you were unaware of, your application may turn out to be incomplete or not meet requirements. Unless these amendments preclude your applying altogether – such as higher income levels – you can reapply, but check with a legal expert that you have covered every eventuality.

In cases of international emergency, changes may become effective immediately, invalidating a visa application that would otherwise have been successful. There may be no workable solution until the emergency is over.

For a non-lucrative visa: Concerns over whether you intend to work

If you are applying for a non-lucrative visa (often referred to as an NLV or 'retirement visa'), any type of paid work in Spain is prohibited. Only savings, wealth and passive income are accepted for an NLV.

Your NLV application will be rejected if you receive income from remote work, whether based in Spain or elsewhere; you should look into acquiring a 'digital nomad visa' instead if this is the case.

You may or may not get a rejection if your income is from a business you own or co-own, even if you do not carry out any work for the company. But if this happens and you can legitimately reframe it as being a shareholder, it becomes 'passive income'. Seek financial and legal advice if in any doubt to ensure you are applying for the right visa.

If you're already in Spain: Limited settlement evidence

If you already live in Spain and are either applying for a visa or attempting to renew an existing one, you might need to re-submit your application with details of your Spanish job, home, family, partner or other links.

Where your tie to Spain is your partner, you could be rejected if you are not married. But even if you do not live in Spain, you can still marry your partner there.

Same-sex marriage is fully legal in Spain or, if you married in another country where this is permitted by law, your union is legally recognised in Spain, too.

What should I do if my Spanish visa is rejected?

If your visa application has been refused, you should firstly take the following steps, then start your appeal if you have grounds to do so.

1. Contact the Consulate: The Consulate should give you clear reasons for your visa rejection – but they do not always do so. You should ask them for the exact grounds for refusal. This would normally be by letter, since it is likely the Consulate will not agree to provide information by telephone.
2. Study your application and the rejection carefully: Ascertain whether errors have been made – by you, or the Consulate itself – and whether you believe you have grounds for appeal.
3. Seek legal advice: Always ask a specialist immigration lawyer if you are not certain whether an appeal is possible. Even if you genuinely believe you have no chance of success, sometimes experts may be able to formulate a good case for you.
4. Source the correct documentation: Get any missing paperwork together - translated if necessary. This might mean changing health insurance provider, or supplying additional proof of income or savings: Evidence of investment returns, deeds to property, and current bank statements. If your passport has less than a year to run, renew it.

How to write a covering letter presenting your appeal

Thismust be addressed to the public body the rejection notification came from – quoting its identification code and reference - and include your full name and address. If you already have a Foreigners' Identification Number (Número de Identidad de Extranjeros, or NIE), quote this. If you do not, then give your home country national identification (ID) number if applicable, and your passport number.

The letter should outline the reasons for the rejection of your visa application, followed by a detailed explanation as to why you believe the decision to be incorrect. All supporting documentation must be enclosed, and you should write the date and your current location underneath your signature.

Keep copies of everything you send. Use recorded delivery or, if possible, present the letter in person and ask for a receipt.

If you're unsure where to start, take a look at this sample appeal letter in English for a visa refusal in Spain. Remember that your letter must be in readable Spanish – if your language is not up to writing it, seek a translator's services.

Types of visa rejection appeal

Three routes for appeal are possible, but you must exhaust one of the first two – which are classed as 'administrative' – before you take the third, through the courts. You can only appeal a visa rejection twice in total.

• Recurso de reposición ('appeal for reversal'): Where your application was denied by the same body that originally handled it – such as the Consulate – you should direct your initial appeal to them.
• Recurso de alzada ('higher appeal'): Your visa may have been denied by an authority higher than that which handled your application – for example, you may have applied to the Consulate, but the rejection letter comes from the Spanish government immigration authority or the ministry for justice. If this is the case, you should direct your appeal to the immigration office in the province you live, or intend to live, in, or to the justice ministry, as applicable.
• Tribunal Superior de Justicia ('High Court of Justice', or TSJ): You can only apply to the High Court once the relevant administrative route has failed. Only one High Court appeal is permitted.

How much time do I have for submitting a visa rejection appeal?

Appeals against a visa denial should be made within one month of receiving the notification. Should your action fail and you wish to apply to the court for a second appeal, again, you must do so within one month of notification.

How long will it take to get a response to my appeal?

The Consulate or other administrative body has up to three months to respond to your appeal, although in practice, most are answered in less time.

Court action can take longer. In some cases, you may be waiting up to a year, but the majority of decisions are made within about three months.

Can I leave or enter Spain during the appeal process?

If you are already in Spainwhen your visa application is rejected, you must not leave the country until you have a final decision on your appeal. If you were to do so, you are likely to be refused re-entry and unable to return.

If you live in another country and an application for a visa to enter or move to Spain is denied, you cannot travel to Spain until you have a favourable decision.

What do I do if both appeals fail?

If the responses to your first and second appeals are both negative, seek legal advice. If you submitted your initial visa application and the subsequent appeals without assistance, it could mean you have overlooked certain details or points of immigration law. Where this is the case, you may be able to reapply for a visa from the beginning.

Normally, if the final decision is negative, you would have to leave Spain as soon as possible, but an immigration law expert may be able to find a legal way for you to stay. If you have family ties, stable work and can manage comfortably on your income, you might be able to register as 'settled' and apply to 'legalise' your residence on these grounds.

Another possible solution is to apply for a visa in a different Schengen country which has less stringent requirements. If you're successful, you're allowed to remain in Spain legally for the length of time this visa remains valid.

If you successfully appeal your application rejection and get your visa to live in Spain, you will then need to apply to become a legal resident. You can find out more about how to do this in our comprehensive guide to getting residence in Spain .