For those hoping to move to Spain without working, applying for a non-lucrative visa is a popular option. But what happens if your non-lucrative visa application is denied? It can be a disappointing and frustrating experience, but it’s important to know that denial is not the end of your journey.

In this blog post, we’ll explore the possible reasons for denial, what steps you can take next, and how to increase your chances of a successful reapplication.

5 Common Reasons for Non-Lucrative Visa Denial

Understanding why your non-lucrative visa for Spain might be denied is crucial for addressing the issues and ensuring a successful reapplication or appeal. Here are some detailed explanations of the common reasons for denial:

1. Insufficient Financial Proof:

One of the primary requirements for a non-lucrative visa is demonstrating that you have sufficient financial means to support yourself without working in Spain. The Spanish government sets a minimum income threshold, which is typically a multiple of the Spanish IPREM (Indicador Público de Renta de Efectos Múltiples).

For 2024, for example, the minimum annual income requirement might be around €28,000 for the main applicant, this amount must be added 100% of the IPREM for each family member in the applicant's care. If your bank statements, pension records, or other financial documentation do not clearly show that you meet this threshold, your application is likely to be denied.

Common Issues:

• Fluctuating income that doesn’t consistently meet the minimum requirement.

• Large, unexplained deposits in your bank account.

• Insufficient savings or investment portfolios that do not clearly show liquidity.

• Income sources that are not adequately documented or difficult to verify.

  What to Do Next:

  • Action: Review your financial documentation and gather additional proof if necessary. Ensure that your income is consistent, verifiable, and meets the required threshold. If possible, provide a letter from your bank or financial advisor that explains your financial stability. Consider consulting with a financial expert to make sure your documentation is comprehensive and clearly presented.

2. Incomplete or Incorrect Documentation:

• The application process for a non-lucrative visa involves a considerable amount of paperwork. Missing documents, improperly filled forms, or incorrect information can lead to an immediate rejection.

Common Issues:

• Missing key documents such as birth certificates, marriage certificates, or proof of accommodation.

• Incorrectly filled visa application forms, including mistakes in personal details, dates, or purpose of stay.

• Failing to notarize or apostille certain documents, as required by the Spanish consulate.

• What to Do Next:

  • Action: Go through your application with a fine-tooth comb. Check each document against the requirements outlined by the Spanish consulate. If you find any errors or omissions, correct them immediately. Make sure all necessary documents are properly notarized or apostilled using any of these 3 agencies:

  • Central Citizen Service Office of the Ministry of Justice.

  • Government Secretariats of the Superior Courts of Justice and of the cities of Ceuta and Melilla.

  • Territorial Managements of the Ministry of Justice and Delegated Offices of Ceuta and Melilla.

3. Lack of Comprehensive Medical Insurance:

Spanish immigration law requires that applicants for a non-lucrative visa have private health insurance that is valid throughout Spain. This insurance must be comprehensive, covering all medical costs without copayments, and must be equivalent to the coverage offered by the Spanish public health system.

Common Issues:

• Submitting a travel insurance policy instead of a full health insurance plan.

• Choosing a policy with high deductibles, copayments, or limited coverage.

• Failing to provide proof of full payment for the health insurance policy.
  

  What to Do Next:

  • Action: Review your health insurance policy to ensure it meets the Spanish requirements. If your current policy is insufficient, upgrade to a comprehensive plan that covers all necessary medical expenses without copayments. Obtain proof of full payment for the insurance policy and ensure it’s valid for the entire duration of your stay. If needed, consult with an insurance broker who specializes in policies for expats in Spain.

4. Criminal Record:

A past criminal record can be a significant barrier to obtaining a visa. The Spanish authorities conduct thorough background checks, and any criminal conviction, particularly those involving serious offenses, can lead to a visa denial.

Common Issues:

• Not disclosing a criminal record, which is later discovered during background checks.

• Having convictions that are considered serious under Spanish law.

• Issues with obtaining a clean police report from your home country.

  What to Do Next:

  • Action: Be transparent about your criminal record when reapplying. Provide a detailed explanation and context for any past convictions, including proof of rehabilitation or good conduct since the incident. If possible, obtain legal counsel to help present your case in the best possible light. Ensure that your police reports are up-to-date and properly authenticated.

5. Purpose of Stay Not Clearly Defined:

The non-lucrative visa is explicitly for those who wish to reside in Spain without engaging in any work-related activities. If there is any indication in your application that you might plan to work, either remotely or locally, this can lead to a denial.

Common Issues:

• Mentioning remote work or digital nomad activities in your application.

• Indicating intentions to seek employment in Spain after arrival.

• Providing vague or unclear explanations for your stay in Spain.

What to Do Next:

• Action: Clarify the purpose of your stay in Spain in your application. Clearly state that you do not intend to work, either remotely or locally, and provide a detailed explanation of how you plan to spend your time in Spain. This could include personal projects, studying, or leisure activities. If you are planning to work remotely consider applying for the Spain Digital Nomad Visa instead.

5 Practical Steps to Appeal a Non-Lucrative Visa Denial

If your non-lucrative visa application has been denied, you have the option to appeal the decision. This process involves several steps and requires careful preparation. Here’s how you can proceed:

1. Review the Denial Letter Thoroughly

• The first step is to carefully read the denial letter you received from the Spanish consulate or embassy. This letter will outline the specific reasons why your application was denied. Understanding these reasons is crucial for determining how to proceed with your appeal.

2. Consult with an Immigration Lawyer

• Appealing a visa denial can be complex, and the requirements may vary depending on your situation. Consulting with an immigration lawyer who specializes in Spanish visas can provide you with expert guidance. They can help you understand the legal basis for your appeal and assist in preparing the necessary documents.

3. Prepare a Formal Appeal (Recurso de Reposición)

• Timing: You typically have one month from the date of the denial to submit an appeal. Timing is critical, so start the process as soon as possible.

• Document Review: Re-examine all the documents you submitted with your original application. Ensure that they are complete, correctly filled out, and meet all the requirements. Identify any gaps or errors that need to be corrected.

• Gather Additional Evidence: If your denial was due to insufficient financial proof, gather additional bank statements, investment records, or income sources that clearly demonstrate your financial stability. For other issues, ensure you have all necessary documents, including updated police records, notarized documents, and a comprehensive health insurance policy.

• Draft a Statement: Write a detailed letter addressing each reason for the denial. Clearly explain how you have corrected or clarified the issues that led to the initial rejection. If you believe there was a mistake in the processing of your application, provide evidence to support this claim.

• Submit the Appeal: The appeal, along with all supporting documents, should be submitted to the same consulate or embassy that issued the denial. Make sure to keep copies of everything you submit.

4. Await the Decision

• After submitting your appeal, you will need to wait for a decision. The process can take several weeks or even months, depending on the complexity of your case and the workload at the consulate. During this time, you should be prepared for possible requests for additional information or documentation.

5. Prepare for Possible Reapplication

• If your appeal is unsuccessful, you may need to consider reapplying. In this case, ensure that your new application is flawless. Address all the issues that led to your denial, gather comprehensive documentation, and consider professional assistance to maximize your chances of success.

Being denied a non-lucrative visa for Spain is a setback, but it’s not the end of the road. By understanding the reasons for your denial and following the proper steps to appeal, you can still achieve your goal of living in Spain. Whether through a successful appeal or a thorough reapplication, persistence and careful attention to detail will greatly enhance your chances of success.

📜Living in Spain Planning Guide📜

Before Moving to Spain

• 🔍Research the visa process, residence permits, and other essential documentation early on.

  💡 Did you know it’s mandatory to have official documents translated by a sworn translator?

• Consider hiring a translation service like Translyt for handling any official documents.

  💡 Important: If you're moving from a non-European country, private health insurance is required for your visa application.

• 🧑‍⚕️ Finalize your local health insurance plan with Innoinsure for comprehensive coverage, or opt for the digital insurance services of Feather or ASSSA.

• If you are a digital nomad or need travel insurance, SafetyWing provides flexible coverage for individuals living abroad.

  • 🐕 If your pets have joined you, use Petplan for their health insurance and well-being.

Once in Spain

• 🏠 Use platforms like Spotahome *get 15% off with code: CTSPAIN15* or Flatio to find your new home in Spain. They offer verified listings and short- to long-term rental options.

  • Are you on a tight budget? Check out Trusted Housesitters for free accommodation in exchange of pet sitting (Get 12% off annual memberships with code 12TRUST)

• 💸Money Transfers: Set up a reliable currency exchange and transfer service like XE Money Transfer to avoid high banking fees when transferring funds internationally.

  💡 Can you live and work in Spain without speaking Spanish?

• The answer is YES! But learning Spanish will make your life so much easier. Start learning Spanish using Preply’s language tutor to learn the basics, and expect to see massive improvements within the first few months.