Denial of Spanish Residency Permit

Receiving a negative decision on an application for a residence permit in Spain represents a significant obstacle for the applicant, resulting in delays, additional costs and the need to review the migration strategy. Minimising the risk of rejection is achieved entirely through the perfect preparation of the application package in strict compliance with the requirements of the Spanish migration legislation in force at the time of submission.

The following aspects are critical:

1. Document Validity: Certificates (e.g., criminal record, health) must have a validity period not exceeding the legally established timeframe (usually 90 days). Expired documents will not be considered.
2. Legalisation: Documents issued outside Spain require apostille for countries party to the 1961 Hague Convention, or consular legalisation for all other countries.
3. Correct Translation: Translations into Spanish must be performed by a Sworn Translator (Traductor Jurado) if required by the nature of the document or the law.
4. Complete Package: The dossier must contain the exhaustive list of documents prescribed for the specific residency permit type. Including unnecessary documents complicates processing.
5. Cover Letter (Recommended): A letter clearly stating the circumstances, justifying compliance with the chosen permit’s criteria, and explaining the relationship between documents enhances application transparency.
6. Specialist Consultation: Given the dynamic nature of migration practice, consulting a Spanish immigration lawyer is a significant risk-reduction factor, as the expert provides up-to-date information tailored to the specific case.

Grounds for Residency Permit Denial

Denials may be based on grounds common to all types of residence or on the specific requirements of a particular category of residence permit.

• General Grounds: Incomplete documentation package, expired documents, lack of required legalization or incorrect translation, document falsification (entails difficulties in future applications), presence of an unspent/unexpunged criminal conviction within the last 5 years (in country of citizenship/residence), failure to meet the financial requirements (income/savings level) for the chosen permit type, failure of the health insurance policy to meet established requirements in Spain (coverage, validity, territory).
• Non-Lucrative Residency Permit: insufficiency of financial resources to cover the cost of living for the applicant and family, indicating an income source linked to active employment or entrepreneurial activity (contradicts the permit type), lack of confirmed rental agreement or proof of property ownership in Spain.
• Digital Nomad Residency Permit: income below the established minimum (€2,763 per month at time of publication), employer registered for less than 1 year or raising doubts about financial/tax reliability, professional experience in the field less than 3 years, lack of documentary confirmation from the employer authorizing remote work from Spain, lack of relevant education or verified professional experience.
• Long-Term Student Visa: lack of confirmation of enrollment in an accredited educational institution, unsatisfactory justification of study objectives in the motivation letter, lack of confirmation of accommodation for the study period.

Appeal Procedure for Denial

An applicant who receives a refusal has the right to appeal against it within the statutory 30-day period. The procedure is regulated and includes the following stages:

1. Analysis of the Reasoned Denial: Thorough examination of the decision to precisely identify the stated deficiencies and legal grounds.
2. Preparation of Appeal and Corrected Dossier: Rectification of all deficiencies identified in the denial (providing missing/current documents, correcting translations, legalization), provision of additional documents and evidence refuting the denial grounds, drafting a legally substantiated, reasoned appeal letter, countering each denial ground with references to the documents.
3. Appeal Submission: Via the Spanish Consulate (in person by the applicant or by an authorized representative with a notarized power of attorney), or from within Spain – exclusively electronically via the Sede Electrónica.
4. Process Monitoring: Regular tracking of the appeal status to respond promptly to requests for additional information.

Actions if the Appeal is Rejected

If the appeal has not resulted in a reversal of the initial denial, the applicant is entitled to consider the following options:

• Administrative Court: Filing a lawsuit with the Contencioso-Administrativo Court demanding the decision be declared unlawful (process is lengthy – from several months to over a year, requires a lawyer).
• Re-submission of Application: Rectifying all deficiencies and submitting a new dossier for the same or a different permit type after any mandatory waiting periods have elapsed.
• Change of Grounds: Applying for residency under a different basis (family reunification, residency based on roots – arraigo, work visa).

Legal support if residence permit is denied

Denial of a residence permit in Spain is most often the result of non-compliance with formal documentation requirements or the applicant’s failure to fulfill the established criteria. Preventing such denials requires a meticulous approach to the preparation of the dossier in accordance with the current regulations. In case of a negative decision, timely and competent use of the right to appeal with professional legal support significantly increases the chances of successful resolution of the situation in favor of the applicant and minimization of negative consequences.

Professional immigration lawyers of Lusa Legal will provide a detailed analysis of the refusal and identification of errors, development of an individual strategy (appeal, resubmission, court, change of grounds), preparation and support of the appeal (motivated letter, documents, deadlines, formalities), representation of interests in interaction with consular and migration authorities, as well as assessment of alternative legal ways of obtaining residence.