Spain Visa Refusal Appeal and Court Processes

Overview of the Visa Refusal Appeal

The Spanish immigration authorities frequently reject visa applications from foreign nationals – this can be due to missing information, prior criminal convictions, or many other reasons. When the Spanish consulate authorities have refused your visa application, you have the right to appeal the decision.

The visa refusal appeal process involves submitting a letter to the consulates in your country of origin to request a review of your application and a reconsideration of your visa request.

You have two options for submitting your appeal – submitting an appeal to the Spanish consulates or submitting your appeal to the Ministry of Justice Madrid.

To gain assistance with your appeal, you can always reach out to our team of legal advisors here at IAS.

Refusal Appeal — Key facts

What Is a Visa Refusal Appeal?

A visa refusal appeal, also known as an immigration appeal, is a way for the applicant to state that they disagree with the visa application refusal. It is a formal request for the application to be reconsidered by the consulate, embassy, or Ministry of Foreign affairs.

To request a revision of the decision, you must be able to provide legally-viable reasons for reconsideration based on immigration laws. You can submit a visa appeal letter for residency and visa renewal applications.

To understand whether you need to appeal your visa decision, you should watch your visa application status closely using the Spanish government app or website. Once you receive notification of refusal, you have a month to submit an appeal.

What Are the Different Types of Visa Appeal?

When it comes to your visa application appeal, you have two routes to access a reconsideration. Below are your options for a visa appeal:

• Appeal for reversal – you can submit an appeal directly to the establishment that received and refused your application.
• Appeal to a higher authority – you can submit an appeal to an institution above the deciding body that refused your application.

Appealing to a higher authority may take longer, as you must submit your appeal to a Court of Justice. Suppose the administrative body, such as the consulates or embassies, has rejected your visa application, and you feel it is unjust, biased, or against established legal precedents. In that case, you are entitled to pursue action with the court system.

If you have already submitted an appeal for reversal and it was refused, you are still permitted to appeal to the higher authority within 1 month of receiving your appeal refusal.

Appeal types — side-by-side comparison

How To Submit Your Visa Refusal Appeal for A Visa in Spain

To submit your appeal for a visa application with the Spanish Court of Justice or immigration authority, you must submit your appeal within 1 month of receiving your visa denial. The 1 month period will begin the day after you receive your letter of refusal or notification.

The period will end one month from that day – so if you receive your letter on the 18th of June, you have until the 18th of July to submit your appeal letter. The period is counted in days rather than numbers.

What Should I Include in My Visa Appeal Letter?

Before you begin the appeal process, it is essential to know what you have to include in your appeal letter that others don’t.

To understand what you need to include in your letter for your case, you should speak to a legal professional that can review your application and find some areas where you have a legitimate case.

Generally, the visa applicant will need to incorporate the following information into the visa application appeal letter:

• Your name and surname.
• Your NIE or passport number.
• What you are disputing, as well as the reason for your appeal. For instance, it could be the case that you did not include enough information in your application form.
• The name of the institution you are submitting an appeal to (and its identification code).
• A document regarding your appeal’s legal grounds to help the court decision or why you feel the rejection letter was incorrect. If you did not provide enough information in your application form for the Schengen visa or residency application, you could submit the missing information on this page.
• The date, your signature, and the place of signature.

The more you know about Spanish immigration laws, the higher the guarantee your visa appeal letter will succeed. Rather than spend time researching Spanish immigration laws and acquiring new knowledge, you can outsource all the knowledge to an experienced immigration specialist.

How Long Does the Visa Application Appeal Process Take?

The visa appeal processing time can differ depending on whether you submitted your appeal at the consulates in your country of origin or with the High Court of Justice Madrid.

If you submit your request for the decision to the court system, you will receive your response within 3 months of submission. However, if you submit your appeal for a rejection letter with the consulate or embassy in your area, you will need to wait less than 90 days.

If your local embassy or consulate has refused your application, you may appeal this decision by submitting another appeal to the High Court of Justice Madrid. You can appeal your visa applications a maximum of 2 times, but you can not appeal to the high court more than once.

Deadlines & timelines

How Can IAS Help with Spain Visa Refusal Appeal?

If your visa application has been rejected, you need to know how to strengthen your case. Extensive knowledge of Spanish immigration laws will help you to support your appeal letter with legal precedents.

At IAS, our team of experienced and professional immigration lawyers is equipped to help you develop a strong appeal. We have extensive knowledge of immigration laws in Spain and can advise you on your rights regarding visa refusal.

If you are about to begin the visa appeal process, reach out to our friendly team of experts at IAS online or at (+44) 333 4149244. You will have all the advanced knowledge you need, increasing your likelihood of visa approval.