Visa refusals by Spanish consulates are decisions that end the administrative route. This means you can go straight to court after the decision; you can also, if you choose, first ask the authority that made the decision to reconsider it. Which route to take depends on the reason for refusal, the deadlines and which option is likely to get you a result sooner.
Start by reading the decision
Under Article 28 of the new Regulation on Foreign Nationals (Real Decreto 1155/2024), visa refusals must state their reasons and set out the facts established. The decision must also say which remedy is available, before which authority and within what period. Schengen short-stay visa refusals are notified on the EU's standard form, with the reason for refusal ticked. The EU Visa Code gives a right to appeal against short-stay visa refusals, under the law of the country that refused the visa; for refusals by Spain, the routes below apply.
Note the date on which the decision was notified to you, since the deadlines run from that date. If the decision reached you by email or through the visa application centre, check which date counts as the date of notification.
The Regulation groups the grounds for refusal under four main headings:
- Failure to show that the requirements are met
- Submission of false documents or inaccurate statements
- A ground of inadmissibility affecting the application
- Failure to establish beyond doubt the applicant's identity, the validity of the documents or the genuineness of the purpose of the application
The reason for refusal determines which route to take. A missing document or insufficiently evidenced income can often be resolved with a new, complete application. If you believe the consulate misjudged a document you submitted, an appeal may be more appropriate.
Recurso de reposición
The recurso de reposición is an optional appeal to the consulate that made the decision, based on Law 39/2015 on Common Administrative Procedure.
- Deadline: One month from notification of the refusal.
- Where: To the consulate that made the decision. Whether it is submitted by email, post or in person varies by consulate, and is usually stated in the refusal or on the consulate's website.
- Content: A written submission explaining where the decision is wrong, with supporting documents.
- Outcome: The authority has one month to decide. If it does not reply within that time, the appeal is treated as rejected (silencio negativo) and the court route opens.
No fee is payable for the appeal and you do not need a lawyer. It is not a new application, however: the consulate reassesses the documents on file together with what you submit with the appeal. In your submission, state your application number, the date of the refusal and what you are asking for, namely that the decision be set aside and the visa granted. If you are submitting new documents, explain which point in the reasons for refusal each one addresses.
Going to court
Without filing a recurso de reposición, or after it has been rejected, you can bring a case before the administrative courts (recurso contencioso-administrativo) within two months. For consular decisions, the competent court is the High Court of Justice of Madrid (Tribunal Superior de Justicia de Madrid). The period runs from the day after notification of the refusal or of the decision rejecting the appeal.
The case is conducted in Spain and requires a lawyer authorised to practise in Spain and a procurador. Proceedings can take months, so where timing matters, for example before a course starts, a new application may be more practical.
In some applications, the permit itself is granted in Spain and the visa by the consulate. For employed work permits, for example, the permit is examined by the immigration office (oficina de extranjería), and for permits under Law 14/2013 by the Unidad de Grandes Empresas y Colectivos Estratégicos (UGE). The remedies against those decisions are different; under Law 14/2013, for example, UGE decisions are challenged by a recurso de alzada. So check which authority issued the unfavourable decision.
A new application
A refusal does not prevent you from applying again. If the ground for refusal is a gap that documents can fill, a new application is often the quickest route.
- Address each point in the reasons for refusal one by one, with documents showing it has been resolved.
- Avoid statements that contradict the information in your previous file; the consulate may have access to your earlier application.
- Renew any documents that have expired (criminal record certificate, medical certificate, bank statements).
- The application fee is payable again.
- A short cover letter referring to the previous refusal and explaining how you have addressed it can make the file easier to examine.
It is possible to pursue an appeal and a new application at the same time, but take care not to give different explanations in the two files. Keep the refusal together with a copy of the refused application; for both an appeal and a new application, you need to know which documents you submitted before.
When advice is worth getting
If the refusal is based on doubts about the genuineness of your documents, your identity or the purpose of your application, or it states that there is an entry about you in the Schengen system, the reasons need careful assessment before you apply again. Correcting or completing documents from Türkiye is resolved in Türkiye. If a case is to be brought in Spain, it must be handled by a lawyer authorised to practise there.
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This article is for general information and is not legal advice. Legislation and case law may have changed since it was written.