Appeal against visa denial and extension at Spanish Consulate

Spanish consulates abroad have the authority to refuse and cancel entry visas. And some of them are famous for their fairly frequent failures. For example, in Bogota, Santo Domingo, Havana, Lima, Casablanca, where thousands of decisions on issuing visas are made annually, the percentage ratio is much more rejection than in some other cities in the world. But Russian citizens can be said to receive Spanish visas more successfully than others. According to the latest data from the European Commission, the failure rate for them is approximately only two out of a hundred cases. In 2014, about one million Spanish category C visas were received by Russian citizens. In total, during this period, Spain issued two million visas to foreigners.

However, despite the favorable statistics, some of our fellow citizens still face such an unpleasant situation, and, unfortunately, believe that the refusal is the final decision, and entry into Spain is now closed for them.

A denial is not the end

As a rule, the most common reasons for refusal are quite obvious – offenses in any of the Schengen countries, including travel fines, as well as non-observance of the terms of staying abroad, all kinds of variations on the incorrect information provided. This can be either an incorrectly completed application form, false information, inaccurate information, insufficient justification for obtaining the declared type of visa or residence.

According to statistics, the largest number of refusals falls on a national category D visa , which allows you to stay in Spain for more than one hundred eighty days a year and is renewed without leaving the country (a foreign card is issued at the place of registration), and over time it makes it possible to obtain permanent residence. It is requested by people who are going to study or live (with sufficient funds for that) in Spain without the right to work. In this case, potential pupils and students may be refused if the curriculum does not meet the visa requirements (for example, less than 20 academic hours per week), or the institution does not have special accreditation – these are objective, so-called, direct reasons for refusing. But there are indirect ones, which are much more difficult to predict, since resolutions are adopted on the basis of the subjective decision of the consular officer in each individual case. For example, the age threshold for students about to take a Spanish course is secretly limited to twenty-seven to thirty years.

A refusal to obtain or extend a temporary residence permit can also be obtained for a number of reasons: low income or the amount in the accounts, there is no evidence of legal and stable earnings, there is no justification for staying in Spain for more than 180 days in six months. Despite the fact that the official applicant should be clearly explained the reason for the refusal, as practice shows, recently the Spanish consulate has ignored these rules. Also, instead of requesting additional documents, people simply return their passport without a visa. In this case, international standards are violated, and this is a serious reason for appeal. Therefore, if you are sure that you have every reason to get a visa, extend or obtain a residence, feel free to try to appeal the decision – to succeed in this matter, of course,

Refusal of a visa, receipt or extension of residence – what to do

When the applicant is denied permission to enter or stay in Spain, and he decides to appeal, there are two ways – a reposition appeal, which must be submitted to the body that made the decision within one month (i.e., to the consulate itself, for example) or – apply to the Supreme Court of Spain (Tribunal Superior de Justicia) within two months from the date of notification of refusal.

The first option is more common and simple compared with a court appeal. The main problem is the low probability of receiving a “Yes” answer where “No” has already been said, especially when a person makes an appeal on his own and cannot legally accurately and clearly articulate his case and present the necessary evidence that indicates a consular decision officer. In this case, it is much more effective to use the services of lawyers specializing in migration issues. When preparing a reposition appeal, you need to start by checking the documents submitted to open a visa or to extend the residence. Next – to analyse such details as relations with the host party, confirming the true goals of the visit, justification of compliance with the goals of the visit, to prove economic and social ties with your home country, provide information about your financial condition, as well as the motives that keep you at home. In most cases, in such situations, the applicant is called for an interview at the consulate, and therefore it is important to consider all the details of the conversation with the consular officer in advance. And, perhaps, it is equally important to indicate and justify the reason why the applicant does not agree with the decision of the consulate or other administrative body, and provide documentary evidence of the truth.

In the event of a repeated refusal, if you are still confident that you are right, you can send a complaint (recurso contencioso-administrativo) to the Supreme Court, where it must be received no later than two months after receiving the refusal. It is extremely important to appeal on time, otherwise it will be considered that you have agreed to the wording, and this could adversely affect the application for a new visa, cause a ban on entry into other countries of the Schengen Agreement for a long time. When applying to the Supreme Court, an appeal can only be made by a Spanish lawyer and is considered by an audience that consists of one or three judges of the Supreme Court of Spain. The motive for consideration in the Court is a violation of the law by the consulate or administrative authority (for example, Office of Migration Law in Spain, with extension of residence), which issued a negative resolution. The difference between the judicial appeal and the fact that in this case the applicant pays not only the fee of his lawyer, but also the services of the Prosecutor of the Tribunals of Spain, without which it is impossible to appeal to the Supreme Court of Spain. Duration of consideration of such cases can take from 6 months to three years, but if you work with experienced lawyers, the issue is resolved in about 9 months.

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