Residence permit denied
Whether you are applying for residence for the first time or a renewal, the immigration office examines if the applicant is qualified to apply for the specific type of residence and the documents submitted comply with the law.
If the basic conditions are not met (for example, if the applicant has a criminal record or has been out of the country for too long time), the residence permit will be denied.
On the contrary, if the documents submitted are incomplete, the immigration office would not reject the application outright, but will give the applicant a chance to fix the documents. Of course, if, after reviewing the documents, the immigration office considers that the applicant does not meet the requirements, the application will be rejected.
What are the reasons for denial of residence permit?
There are various reasons for denial of residence. Some reasons are common to all types of residence, such as having a criminal record, having been out of Spain for too long time, having expired more than 90 days, etc.
On the contrary, some reasons for refusal are specific to the individual type of residence, such as not having stayed in the country for 3 years, insufficient financial means for family reunification, insufficient insurance coverage etc.
Since the conditions and documents required for each type of residence are different, the reasons for refusal are also varied.
If you believe that your application is justified, you can appeal against the denial of your visa.
Can I reapply if my residence is denied?
Yes, you can. The Spanish Administrative Code states that even if the application is denied, the person concerned may resubmit the application as many times as necessary. In other words, it is possible to reapply if the residence permit is denied. Of course, it is possible to reapply only if the residence permit has not expired for more than 90 days at the time of reapplication.
It is common known that you must apply for an extension of your residence within 90 days of the expiration date, and that you cannot reapply after that date.
For this reason, we recommend that you apply for an extension of your residence earlier, so that if you are unlucky enough to be refused, you will still have time to reapply.
What are the benefits of reapplying?
Reapplying means that the applicant submits all the documents once again. Because of this, you can try to fix some documents according to the reasons for the last rejection. For example, if you were rejected last time because of insufficient economical means, you can reapply by submitting a new work contract.
You may also appeal the decision instead of filing a new application.
In a appealing process, either the immigration office or the court will hear the case based on the previously submitted documents. If the person takes the opportunity to file a completely new document, or a document that is completely different from the previous one, there is a high chance that the appeal will be rejected, unless there are individual reasons (for example, this new document was too late to be filed at the time).
Can I appeal and refile at the same time?
The law allows you to appeal and reapply at the same time, so it is a two-pronged approach. It is sometimes recommendable both ways. The law is designed to protect the rights of the applicant by allowing the applicant to appeal and file a new application at the same time.
