Visa Denial in Spain

Visa denial can occur for various reasons. The Spanish Consulates handle numerous applications daily, which may result in rejections if the necessary requirements are not met. In the event of a denial, it is crucial to receive a formal administrative resolution, which allows the applicant to file an appeal against the visa denial if they believe they have a valid reason.

Common Causes of Visa Denial

Visa denial can be a frustrating obstacle to your travel or residence plans. At Lexmovea, we understand the importance of this process and offer specialized legal advice to address this situation. The most common causes of denial may include:

• Lack of documentation: Failing to submit all required documents or submitting incomplete or invalid documents.
• Lack of financial solvency: Failing to demonstrate sufficient financial means to cover the stay or lacking appropriate medical insurance.
• Lack of ties to the home country: Failing to demonstrate sufficient ties to the home country, which could raise doubts about the intention to return.
• Criminal or security records: Having a criminal record or posing a threat to public order or national security.

Why else can a Schengen visa be denied?

In addition to the aforementioned causes, Schengen visa denial can also result from:

• False or inaccurate information: Providing false or inaccurate information in the application or supporting documentation.
• Doubts about the purpose of the trip: Failing to properly justify the purpose of the trip or raising suspicions about the real intention of the stay.
• Inclusion on inadmissibility lists: Being included in lists of individuals prohibited from entering Schengen countries.

Tips to Avoid Schengen Visa Denial or Denial of Other Types of Visas

In many cases, visa denials that seem unreasonable to the applicant have been encountered. It is always recommended to have clear and accurate documentation from the beginning that should be presented to the competent authority.

Precision and detail are crucial when explaining the purpose of your trip in the visa application. If you plan to visit several countries within the Schengen area, it is essential to present a complete itinerary that includes transportation tickets and accommodation reservations for each destination. For business trips, you should attach invitation letters from the company or entity inviting you, detailing your participation in events or activities, or letters from your employer explaining the tasks you will perform during your stay. The more comprehensive and clear the justification for your trip, the higher the chances of your application being approved.

Appeals in Case of Visa Denial

In Lexmovea, we offer comprehensive services for managing and obtaining visas for residing, traveling, working, or studying in Spain, including appeals against visa denials. For non-EU citizens, applying for the appropriate visa is essential to ensure the legality of their stay in the country. Our team of legal experts is here to assist at every stage of the process, ensuring that all established requirements are met.

In the event of a visa denial at the Spanish consulate in the applicant’s country, we have two options for appealing and protecting our rights as applicants: the administrative route with the optional appeal for reconsideration and the judicial route with the contentious-administrative appeal, which we explain below:

Optional Appeal for Reconsideration: This administrative appeal is filed before the same consulate that issued the denial. By providing additional documentation and solid arguments, the initial decision can be reversed. The deadline for this appeal is one month from the notification of the denial.

Contentious-Administrative Appeal: This appeal is submitted to the Spanish Courts and requires representation by a lawyer and a court representative. It is a judicial route that examines whether the legal requirements for granting the visa are met. The deadline for submitting this appeal is two months from the visa denial, and it can also be used if the Optional Appeal for Reconsideration is denied.

Which Appeal to Use in the Event of a Visa Denial in Spain?

At Lexmovea, we understand that each visa denial case is unique and requires a personalized approach. While we generally recommend exhausting the administrative route through the Optional Appeal for Reconsideration before resorting to the judicial route of the Contentious-Administrative Appeal, the final decision will depend on the specifics of each situation.

Our immigration law experts will carefully analyze your case, assessing the chances of success for each appeal, and will advise you on the most appropriate strategy to defend your rights and secure your visa. It is essential to have a clear understanding of the steps and procedures to follow, as well as the support of a professional specialized in the field to maximize your chances of success.

Legal Framework for Defending Visa Denials

To ensure a strong and effective defense, we rely on the legal framework that regulates visas and appeals in case of visa denial to Spain:

• Organic Law 4/2000: This fundamental law establishes the rights and freedoms of foreigners in Spain, including the right to appeal administrative decisions affecting them.
• Royal Decree 557/2011: This regulation develops Organic Law 4/2000, establishing the requirements and procedures for applying for and granting visas, as well as the available appeals in case of denial.
• Law 29/1998: This law regulates the Contentious-Administrative Jurisdiction, which is the judicial route through which administrative decisions in immigration matters can be challenged.

Our Service

At Lexmovea, we understand that every visa denial is unique and requires a personalized approach. Therefore, we carefully examine each case, analyzing the file presented and evaluating the consulate where the application was made.

Our team of immigration experts will provide you with personalized advice, assessing the chances of success for each appeal and designing the most effective strategy to reverse the denial. We handle both administrative and judicial appeals, always seeking the best alternative to ensure the legality of your stay in Spain.

Frequently Asked Questions about Visa Denials in Spain

1. Is there a model for the appeal against a visa denial? The process must be initiated within one month from the notification of the denial decision. The application should include the personal details of the appellant, information about the visa denial, and the reasons justifying the appeal. It is important to attach any additional documentation that was not previously submitted and may support the visa application. If no response is received within the month, the appeal will be considered denied.
2. If my visa is rejected, how long do I have to wait to apply for another visa? If your visa for Spain is rejected, it is important to know that you generally have to wait a minimum of six months before submitting a new application. This period allows the Ministry of Foreign Affairs to properly review your case and gives you time to prepare a stronger application addressing the reasons for the previous rejection, or you can opt to file an appeal.
3. Why would a visa be denied in Spain? A visa denial in Spain can occur for various reasons, such as missing necessary documentation, failure to meet financial requirements, criminal records, national security concerns, or providing misleading information. If a denial is received, the applicant has the option to file an appeal before the same authority that made the decision, which must be done within one month from the notification. This process allows for presenting additional arguments and documentation to try to reverse the denial.
4. Are there Spanish consulates in other countries that tend to deny visas more easily? Yes, there are Spanish consulates in certain countries known for having higher visa denial rates. This may be due to various factors, including stricter evaluation criteria and concerns about security or irregular migration. For example, consulates in countries with high emigration rates to Europe often conduct more thorough checks to ensure that applicants meet all necessary requirements.
5. Where can I get the model for a contentious-administrative appeal for visa denial? There is no standard model for a contentious-administrative appeal against a visa denial, as it must be tailored to each case. It is crucial to have a specialized immigration firm like Lexmovea to prepare a solid appeal and submit it correctly to the court. We can assist you in this process to increase your chances of success.
6. How do I appeal a denied visa? To appeal a denied visa, identify the reasons for the denial, gather evidence demonstrating compliance with the requirements, and submit a formal appeal within the established deadline (usually one month). Having legal advice can increase the chances of success.