It is relatively common for an application for residence in Spain to be rejected. The same applies to residence permit renewals. At Costaluz Lawyers, we have noticed a slight increase in rejections of Spanish residency applications, particularly among British citizens after Brexit. In this article, we look at what to do when your application is turned down and answer some questions about the process.
First Step to Take
The important thing to remember when your application for residence in Spain is rejected is that this is not the end of the process. You still have the opportunity to appeal against the decision and get a favourable verdict the second time round.
The key lies in contacting an expert in immigration to help you. The chances are that your first application failed because you did not complete the form correctly or provide the right documentation.
Find out more about residency for British nationals in Spain after Brexit.
When to Take the First Step
Under Spanish law, you have one month to present an appeal after you receive official notification. For example, if you receive notification on 1 February, you have until 2 March to file your appeal.
Reasons to Appeal
We presume that if you have applied for residence or renewal of your permit, you are keen to live in Spain legally so you already have strong motivation to appeal. Other reasons include:
- The process is free (apart from professional fees if you use an immigration lawyer).
- You can continue to live in Spain until a decision is made on your appeal. And most importantly, you cannot be deported while the process is taking place.
- An appeal does not stop you from changing your application for residence in Spain. For example, if you are appealing against the rejection of an investor visa, you can meanwhile apply for a different visa, e.g. the non-lucrative visa.
Who to Appeal to
Legislation in Spain allows for two types of appeal against administrative decisions including residence permits and renewals. They are:
- Appeal for reversal of the decision – this is known as recurso de reposición in Spanish and you make the appeal to the same official organisation that denied your application.
- Appeal to higher authority – you make the second type of appeal, known as recurso de alzada, to the next authority in the decision-making chain.
Your immigration lawyer is the best person to decide which appeal best suits your application for residence in Spain.
Need to know – the different residency options in Spain.
How to Appeal
The appeal process will obviously vary depending on your particular case. It’s very important that the appeal focuses on the reason your application was turned down. It’s also vital that your appeal offers compelling arguments for the decision to be reversed. You do this by citing immigration regulations and laws.
At Costaluz Lawyers, we believe that this is only possible if you use an expert in immigration to help you. You will also save considerable time and stress by putting the matter into the hands of an expert.
Timeline for Your Appeal
As previously mentioned, you have one month to file an appeal. The authorities then have three months to reply. In some cases, you can expect to hear well in advance of three months particularly in areas with fewer applications for residence in Spain.
During the Appeal Period
If you are in Spain and appealing against the rejection of a residence permit, you are not allowed to leave the country. If you do leave, you may find that you are refused entry at the border when you return.
If you are in Spain and appealing because your residence permit renewal was turned down, you may leave Spain. However, you need official authorisation to leave and reenter the country.
What Happens if the Appeal is Turned Down?
If your appeals for a reversal of the decision and to higher authority are unsuccessful, your next step is to take the case to court. This is only possible if you have exhausted all appeal channels within the Spanish administrative system. A court case puts the decision regarding your residence permit application or renewal in the hands of a judge.
Help With Your Appeal (and Your Application)
If your application for a new permit or renewal of a previous one is rejected, get in touch with us. Our expert immigration team will assess your case and grounds for appeal to ensure you have the maximum chance of success the second time around.
If you are still at the initial process of applying for a permit, contact our team. By using their services, you will ensure that your application gets everything right from the beginning and that there will be no need for an appeal.
Maria Luisa Castro
Good morning, me and my partner have a made a application for Residency in Spain my partner has been refused but mine is still pending, we have been together for 15 years never married but lived together, we have opened up a restaurant in Spain, when we started the application this was not on the application, we have done everything legal have all the certificates in place, we both have put everything into this business but worried now if we don’t win appeal to live and work in Spain we will be deported
Can you advice please what we should do.
Thank you
Hi Joanne:
You need to Appeal that decision as I am sure that demonstrating your roots in Spain will be enough. We can help if need be. Contact us at https://costaluzlawyers.es/contact/ or send me an email directly at marialuisa@costaluzlawyers.es – best of luck, Maria.
Hi there thanks for this post! I’m trying to find out much time the government gives people to leave Spain if the recurso de reposición has been denied – ‘no favorable’.
I remember being given 30 days to make the recurso when I was denied the first time. Do I have 30 days again to prepare myself to leave the country? (Can’t afford to go down the lawyer path).
Thanks a lot!
Hi Katie!
Doe not the decission precise a timeframe for you to leave?
Good afternoon
My residency has been rejected for the reason I could not provide a utility bill in my name.
I live on a community where I pay the administrator to pay all my bills including tax of the car etc.When asking for there bills found none was in my name but previous owners. I have owned this property 8 years
The administration said just sorry you will have leave in a month
Is there anything I can do
I appreciate your advice.
Dear Marion:
I would ned to see the rejection document and your application so we can see if there were enough elements which proved the time you have been living in Spain.
Contact us by email so we can send to you a free appraisal
Cheers
Hi, I live in Mallorca and I am currently waiting for my residency application to be approved. I need to travel back and forth from London on business but I have been advised not to leave Spain until my residency application has been approved. Is there any way around this?
Best,
James
If you have already passed the 90-day limit, I would recommend that you stay in Spain.
Hi our residency application has been denied on the basis of late application. We tried and tried Sept and Oct of last year by phoning or going to the office in Almeria but ythey always gave us the answer there are no appointments available in the next few days. A lady from social services who works in the villages here where we live told us to go and see her where we gave her all our details and she said she would get an appointment for us. However it did not happen. There is a lot more to this story. Which maybe better to talk to someone on the phone. We have lived here since 2015 we bought a piece of land in 2004 and finally built a house and moved in June 2015. We know we should have done our residencia but never seemed to get round to it until Brexit came upon us. We have had a padron to our village since July 2015. We have been law abiding citizens paid our bills and have loved every minute of living here in Spain. We are both devastated. I am 70 next year and my husband 63. We thought we would live our lives out in Spain but now we have to go back to England and start again. Heartbroken Dianne and Stefan
Dear Dianne and Stefan,
Please contact us to analyse possibilities to obtain a residency based on social links in Spain.
Best,
Maria
Good afternoon
I have had my residencia refused as I cannot prove I was living in Spain last year. I did travel here in September pre Brexit to rent somewhere and I have a contract and can prove I was paying the rent from September. I had to return home as I was selling my uk property and I was hoping to come back later in the year but Covid restrictions prevented that so I couldn’t travel back here until restrictions were lifted in May this year.
Am I able to appeal the decision based on this?
Many thanks
Dear Victoria,
I can’t honestly see that succeeding in an administrative appeal as they are decided by the same organ which issued the decision ( the Foreign Office) and these are getting very fixed to the criterium of analysing if you were here in Spain by December 31st
Hello
The Spanish Department of immigration wants banking records (and other bills to support me) to substantiate my TIE application as a UK national wanting to gain spanish residency. I arrived in Spain on the 15th of December 2020. My application was lodged on the 19th of December 2020, and I received my padron on the 16th of December 2020.
Importantly they want 6 months worth of bank and utility payments – is this a usual request by immigration office for TIE applications?
Hi Xena,
Yes, this is a usual request.
I applied for my residence with a company called one stop solutions in February 2021Isupplied all my paper work I know that my padron was dated 19th Feb with my S1 form 2021 it was submitted and I went and done my finger print and i was favourable and was just waiting to go and get my TIE then I was arrested because the company changed the date on my padron now I have tried to reapply but I’m now getting rejected I have lived here for 4 years can you help
Hello,
I would need to see related documents for an appraisal. There are also possibilities to apply for residency based on a continued stay in the country: this is called “residencia por arraigo”.
Thank you,
Maria
Hi,
I am a EU citizen with residencia in Spain. My partner is British but, her application for residencia was rejected 4 times under the Brexit agreement as was my sons. I applied for residencia for my son as a family member of EU citizen. But, request has been made for proof that I have parental responsibility, proof of earnings and tax returns from the UK. Despite sending bank statements with over 20k in UK bank (translated) how should I proceed as I can not get requested documents and translations alone would cost thousands. Can my family be deported ?
Hi John,
If you are registered as a civil union in the Local Council where you live, you can proceed to register your partner as a non-EU family member of EU resident.
In regards to your son, just bring the birth certificate and tax and bank certificates translated by a jury translator.
Hello
I applied for residency in Dec 2020, having the padron and house deeds. For this first application I had hoped that EHIC and travel insurance might be enough (the notes for guidance on the online application were not clear) but this application was rejected 5 months later and they stated that they could not accept the health cover part (and needed bank stuff in Spanish). So I immediately got suitable cover and I had everything else in order and in Spanish and I reapplied. This second application (for non-economically-active residency) has been rejected today on the grounds that I did not have health insurance for the first three months of 2021.
So, in essence, I responded to their initial rejection by addressing their concerns completely for my second application but this appears to have been a waste of time, as it was already impossible in May 2020 for me to get health insurance retrospectively!
Of course, had they responded to my initial application within the 3 months that they say they will, I would have been able to re-apply within the first 3 months of 2020, including new health cover.
Do you think that the fact that they failed to respond within their own time limits, (which may have materially affected my chance of applying the second time successfully) are grounds for a successful online appeal on technical grounds?
Would it also be appropriate to provide a letter detailing my personal circumstances and economic contribution to the country etc, or best to leave that to a (hopefully not necessary) later appeal to a judge?
I don’t think I’m the only one caught out by the health cover on 1st Jan 2021 issue.
Thanks in advance
Dear Mark,
That’s correct. You are not the only one under this problem related to retrospective health care obligations.
We are fighting these cases at the Court level at present, we hope Judges will make sense of this mess.
Thank you,
Maria
Dear Maria
We have just been refused our Visa (Pre Brexit Residency Visa under the Withdrawal agreement) for very similar reasons to mark and I wondered if there was any update on the court cases you are involved in?
We feel there is little point now proceeding with a judicial review of our case unless there was already a precedent that we could refer to.
Many thanks in advance for any advice you can offer.
Craig
Dear Craig,
We have already won one case, which has been Appealed again by the Administration before Courts.
The rest of them are in progress at the first Appeal before the Administration itself.
Dear Maria,
Myself and my fiancé are in very similar situations regarding not having our health insurance in December 2020. We have just lost our appeal. I was wondering if there had been any more news on any success? We are at the stage of appealing to the judge, or we will need to go down the social route.
Many thanks
Sarah
Unfortunately, the Immigration Offices are following a very restrictive interpretative criterion in relation to the health insurance requirement. Therefore, the only way, as you rightly point out, is to appeal to the courts or to go down the social route.
Hello,
I have applied for my depended mother residancy and I was asked to send more documents which I did but the documents received to them after required date so they archived the application but I wrote them and explained that I sent docs on time and it was matter of post . And now when I check application status I see “ En via de recurso “ could you please advise what this status means ?
Thank you
Dear Rachel:
“En vía de recurso” means “under Appeal”
Hello,
I have applied for Highly qualified NIE renewal and I don’t hear anything from official till now. It’s been a month.
No News does it mean rejection.
I’m bit worried about my rejection bcz 2021 I was not in Spain for more than 180 days due to COVID I was stuck in hometowns
Hi Geet,
After three months, with no answer from the Administration, it’s a fair enough assumption to assume that your application has been accepted. Silence is good in this situation.
Hope that helps,
Maria
Hi, we had another person deal with our residency. She got my fine but my partners we still haven’t got. Not knowing the system we left it to her. Now finding out it was archived back in October 2021 we were none the wiser? We have a business in Spain and been living here since 2020. I have been told she made a further application in December 2020 again rejected. This has only all just come to light and unsure what to do next. Many thabnsb
Hi Catherine
We will just be able to offer our appraisal to you if you send related documents to us:
– Application and documents brought with the application
– Decision by the administration
Best wishes
Maria
Hi Maria. I have lived in Spain for 26 years & My mother lives with me
We have both had residency since 1996.
I have updated to the TIE card.
I wish to do the same for my mother. She is 89 years old. Her memory is starting to go,& she cannot sign her name without help. She is in a wheelchair & cannot travel.
At the moment the A4 paper is still OK. If this changes. What can I do?
Please help.
Dear Luciano,
Thanks for contacting us.
You can do it online for her. We can help you with that if you need it.
This is the link that drives you to the Police Office dept in charge in your province:
https://sede.administracionespublicas.gob.es/icpplustie/icpplustieb/acInfo?p=8&tramite=4094
Thank you,
Maria
Good day
I am appealing again to the authorities my father is a citizen here and through that link I am trying to get residence .but there is a little difference in name in my passport and on my birth certificate ,my passport says .osaghae Solomon junior
The my birth certificate says osaghae Solomon oghogho ,would that pose any problems?. I am junior because I hear the same name with my father who is .osaghae SOLOMON Johnson .
I am asking for your advice on this please .
Dear Osaghae:
We would need to review your documents, please send them so we can provide an appraisal to you
Hi,
I just made the apeal about my arriago , after 1 week they change my status to envió de recurso , then after 3-4 days “Resultó No favorable” I was wondering if they just error or that’s the result already coz I know they said it takes at least 2-3 mos. So wierd since they change the site to check for the status. Thank you hope you can answer my question.
Dear Janice,
You need to receive a notification. Wait around one week for this and if not received, ask your legal representative to verify.
If you do not have a legal representative, you can contact us so we can see how we can help you
Hi maria! I applied for a residency under the family member of EU citizen. I am married to a Spanish citizen and i am a filipina. We have our appointment last January 13, 2022 for the tarjeta de residencia then we’ve got a notification around march 22 that we need to submit additional documents and until now no news yet. We are so worried.
Dear Quennie,
Initially, there are three months for an answer, after which you can appeal.
Hi Maria
I have just been refused the second renewal of my non lucrative residency due to over time spent out of Spain (7 months). This extra time was due to Covid situation in 2020 and being stuck on drilling platform overseas. I have a letter from my company justifying the situation. Do you think is worth it to make a recurso or they are very strict on days spent outside. Thanks
Hi Adam,
We need to review your particular circumstances. Sara Velasco has just sent an email to you on this
Hello Maria
we applied for our NLV renewal back in October! While in procedure ,they asked us for proof that we paid the tasa. We submitted the proof that it was paid. One month later our application is archived stating because the tasa wasn’t paid. we filed n appeal, but we are the US now should we retrun back to Spain asap?
Hi Elwine,
If you do not have a residence permit yet, we recommend waiting until you receive the resolution. Also, we would recommend you consult your Immigration Office.
Thank you.
Hi Maria ,
On 2018 through my family I got golden visa and on that time I was 17 years old and on 2020 when we applied to renew the resident card they rejected me.
I still don’t know the reason why they rejected me!
Because the lawyer said that he doesn’t know that also.
The lawyer tried to reapply again but it didn’t work!
Since then I haven’t go out of Spain and I have been trying to find a solution some how.
The other thing is that the lawyer never mentioned us that I need to get padron. Therefore I don’t have padron from 2019 to 2021, how ever I have prove of 3 years of studying at school in Spain from 2018 to 2021.
And beside that for rest of the year I have some invoices under my name and from 2022 I have padron.
Please I really need your help.is that still possible to reapply for the renewal?
Hi Shaden,
Unfortunately, applying for a renewal is impossible as you are out of time for this. However, your best option would be to apply for Arraigo Social or Arraigo para la Formación. We will be pleased to submit your application electronically on your behalf.
Thank you.
Hello,dear This is Kochar Hussein im holding Spain residence for studying master,I didn’t study my masters,after I applied for renew my ID, then I have a reject notification from Extranjeria for my renewal residence permit, please what is the solution for my case,
Kochar Hussein
Kochar.00670639@gmail.com
+34 602 634 109
Hi Kochar,
We would need to study your case to give you a proper answer. Please, send us an email at web@costaluzlawyers.es
We will be very pleased to help you.
Thank you.
hi what is the meaning if the resolution says estado de tramitacion desconocido?
Hi emz,
We would recommend you to contact the Immigration Office directly. They will be pleased to assist you and explain the status of your case.
Also, we will be happy to help you if you need any legal assistance with your case.