Considerations and Next Steps If Your Visa is Denied
The Spanish Non-Lucrative Visa (NLV) has gained immense popularity among U.S. and non-EU citizens looking to live in Spain. It’s particularly attractive for retirees, remote workers, and individuals seeking a slower pace of life in Spain without engaging in local employment.
The visa allows applicants to reside in Spain for up to a year, with the possibility of renewals. Many Americans are drawn to Spain’s rich culture, affordable living, and high-quality healthcare system, making the NLV an appealing pathway for a long-term stay.
Since the visa doesn’t permit work in Spain, it’s ideal for people with passive income, savings, or remote work options. However, despite its advantages, not all applications succeed, and visa denials are more common than one might think.
If you’re reading this, chances are your visa application has been denied.
Receiving a denial is obviously disheartening, but the good news is, it’s not the end of the road.
So let’s unpack the possible reasons why your visa was denied (and what you can do to rectify it).
Why the Non-Lucrative Visa is Denied
- Insufficient Financial Proof: For the Spanish Non-Lucrative Visa, applicants must prove they have sufficient funds to support themselves without working in Spain.The financial requirement is set at 400% of Spain’s Public Multiple Effects Income Indicator (IPREM). In 2024, the annual IPREM is approximately €8,400. This means you need to demonstrate a minimum of around €33,600 (about $36,000 USD) in annual income or savings for a single applicant. For each additional family member, you’ll need an extra 100% of IPREM (about $9,000 USD per person).These funds should be shown through bank statements, investment portfolios, pension documentation, or other financial records, ensuring you have liquidity and long-term financial stability.
- Incomplete or Incorrect Documentation: Visa applications can be tricky, and missing even a single document could lead to a denial. This could range from incomplete financial statements, missing police clearance, or an expired health insurance policy. Documents not properly translated or apostilled (for U.S. citizens) could also trigger a rejection.
- Health Insurance Issues: Applicants must have comprehensive private health insurance valid in Spain. If the insurance policy does not meet the consulate’s requirements – such as not covering pre-existing conditions, hospitalization, or repatriation – you could face a denial. U.S.-based policies are typically insufficient, so acquiring Spanish insurance is a pretty important step to complete.
- Residency Intentions: If the consulate suspects that your intention is not temporary residency or that you plan to work under the table, this can lead to rejection. The visa is designed for long-term residency without employment, and the Spanish authorities take this very seriously.
- Criminal Record: A criminal record, even for minor offenses, can lead to denial, especially if the offense occurred recently or is considered serious by Spanish authorities. Police clearance from both the U.S. and countries where you’ve lived recently is mandatory.
- Misrepresentation or Mistakes in the Application: Whether intentional or due to misunderstanding, any misrepresentation on your visa application can result in rejection. This includes inaccuracies in personal information, marital status, or even past visa refusals.
What to Do After a Denial
Here are the next steps to consider if your Spanish Non-Lucrative Visa application was denied:
Understand the Reason for Denial
Upon denial, the Spanish consulate will typically provide a reason for rejection. Read through the official response carefully to understand the grounds for denial.
In many cases, it’s due to a lack of sufficient documentation or failure to meet specific criteria. Knowing the precise reason will help you focus on rectifying the problem.
Rectify Financial Issues
If your denial was due to insufficient financial proof, you’ll need to strengthen your case by providing additional evidence of assets, savings, or passive income streams.
Consider bolstering your bank account with a larger balance, providing proof of rental income, dividends, or pensions. Remember, you need to show liquidity and stability, not just one-time windfalls.
Double-Check Documentation
Go through your application packet and ensure that all documents are current, translated (if needed), and properly authenticated. Missing apostilles or incorrect translations can cause problems. Work with a professional immigration consultant (ie: us!) to verify that everything is in order.
Address Health Insurance Issues
If the problem lies in your health insurance policy, consult with Spanish insurance providers to obtain a compliant plan. Make sure it offers full coverage with no co-payments or exclusions for pre-existing conditions. The policy should be valid for at least one year and renewable annually.
Consider Legal Assistance
If your denial reason is unclear or more complicated (such as residency intentions or legal issues), it may be helpful to seek legal advice. Spanish immigration lawyers or consultants who specialize in visa applications can help you navigate through complex issues, especially when reapplying or appealing. (Hint: if you’re needing help, click the “Talk to Us” button above)
Reapply with a Stronger Case
Once you’ve corrected any issues, reapplying for the visa may be your best option. Ensure that your updated application is stronger, with clear, comprehensive documentation. It’s often a good idea to include a cover letter explaining the steps you’ve taken to resolve any previous shortcomings and your genuine intention to reside in Spain under the non-lucrative visa guidelines.
Appeal the Decision (if applicable)
In some cases, you may be able to appeal the denial. Appeals can be time-consuming and may not always be successful, but if you feel the denial was unjust or based on a misunderstanding, it might be worth considering. However, it’s advisable to consult with us before proceeding with an appeal to ensure that your case is solid.
Your Visa Being Denied isn’t the End of the Road
Yes, getting your Spanish Non-Lucrative Visa denied can be frustrating and disappointing, but with the right approach, it’s possible to resolve the issues and reapply successfully.
Start by identifying the reasons for denial, rectifying any mistakes, and ensuring that your financial and documentation requirements are rock-solid. Talk to us for professional guidance, and remember that persistence will pay off in the end.
By taking the necessary steps to strengthen your application, you’ll improve your chances of living the dream in Spain!
Frequently Asked Questions (FAQ)
Why was my Spanish Non-Lucrative Visa (NLV) denied?
Your visa may have been denied for several reasons, including insufficient financial proof, incomplete or incorrect documentation, inadequate health insurance, or concerns about your residency intentions. The consulate typically provides a reason for rejection, so carefully review the official notice to identify the issue.
What are the financial requirements for the Spanish NLV, and can they cause denial?
Yes, insufficient financial proof is a common reason for denial. For 2024, applicants must show at least €33,600 (around $36,000 USD) in annual income or savings, plus an additional €8,400 (about $9,000 USD) for each family member. If your finances don’t meet these thresholds or seem inconsistent, your application could be rejected.
Can I appeal a Spanish NLV denial?
Yes, you can appeal the decision if you believe it was unfair or based on incorrect information. However, the appeal process can often be quite complicated and time-consuming. The good news is, we can help guide you and ensure you follow the correct procedures.
How long do I have to reapply after my NLV is denied?
There is no set deadline for reapplying, but it’s obviously very important to correct the reasons for your denial before resubmitting. Once you’ve gathered the correct documents and ensured compliance with financial and insurance requirements, you can reapply immediately. If you’re needing assistance, we can guide you and help avoid repeated errors.
Do I need to pay the visa application fee again if my NLV was denied?
Yes, you’ll need to pay the visa application fee again when you reapply. Unfortunately, the fee is non-refundable, even if your initial application was denied. So it’s important to make sure all aspects of your new application are thoroughly reviewed to increase your chances of success the second time.
What should I do if my health insurance was the reason for denial?
If your health insurance did not meet the visa requirements, you’ll need to purchase a compliant policy. The insurance must be private, cover all of Spain, and include hospitalization and repatriation with no co-payments. Many U.S.-based policies don’t meet these standards, so purchasing Spanish health insurance is often necessary.
Can I get a refund for any expenses after my NLV denial?
Unfortunately, no. Application fees, health insurance premiums, document translation, and notarization costs are non-refundable, even if your visa is denied. For this reason, you’ll want to ensure that all requirements are met before submitting your application to avoid unnecessary expenses.
Can I apply for a different type of visa if my NLV is denied?
Yes, if your Non-Lucrative Visa was denied, you could consider applying for a different visa category, such as the Golden Visa (for property investors) or the Digital Nomad Visa. However, each visa type has different requirements, so be sure to understand the eligibility criteria before switching.
Will a previous denial affect future applications?
A previous denial won’t automatically prevent you from reapplying, but it could raise concerns during the review process. So as a rule, ensure you address the reasons for your denial comprehensively in your new application. Consider including a cover letter explaining the steps you’ve taken to rectify the initial issues.
Should I hire a lawyer if my NLV is denied?
While it’s not mandatory, hiring an immigration lawyer or consultant can be highly beneficial, especially if your denial was due to complex reasons like financial discrepancies or legal misunderstandings. If this is your situation, then contact us as we can help you navigate the appeal or reapplication process and increase your chances of success.
