Non-lucrative residence

No lucrativa refusal: typical reasons and procedure for appeal

The refusal of no lucrativa is usually linked to funds, insurance, documents or a certificate of non-judiciality, and the decision must be motivated and call for remedies: reposión within one month or a claim before a court within two months.

Information material, not individual legal opinion: Prepared using IE; checked by a subject matter specialist before publication has not yet been completed; conditions apply to a particular situation and may change.
Short
  • Reasons for refusal See articles 28, 38, 61 and 63 of the Regulation: insufficient funds, insurance, documents and instruments, doubts about the authenticity of information [1].
  • Silence may also be refused: for primary no lucrativa, if there is no decision within a month after the consulate ’s communication, the application is considered rejected (art. 63.4) [1].
  • The refusal of a visa must be motivated and must contain a means of appeal, an authority and a period of time (arts. 28.6 and 28.7) [1]The Consulate in Moscow refers to reposición for 1 month and the claim before the Madrid Court for 2 months. [3].
  • Reposición is considered within a month. If you choose to do so, you can only go to court after a reply or silence. [2].
  • The non-response to the consulate's request is not a refusal, but a desistimiento: the consequences are different. Read the decision that was sent to you. [1].

What decisions are made on no lucrativa, and how are they different?

The rejection brings together different solutions, and the course of action varies, first you determine what you've got.

DecisionWho takesBasis
Refusal of permission no lucrativaicina de extrandjería, then the consulate informs youarts. 61 - 63, 28.10 [1]
Visa denialConsulatearts. 28.5, 38, 39 [1]
Silence after a monthAuthority to authorizeart. 63.4: Application rejected [1]
DesistimientoConsulatenon-response to request or non-appear, art. 27 [1]
Refusal of extensionoficina de extranjeríaart. 64 [1]

If the permit is refused, the consulate also makes a negative decision on the visa: article 28.10 states that the negative decision on the permit results in a negative decision on the visa, and the consulate is required to inform in writing what complaints are available. [1]The reasons and means of appeal are discussed, and the desistimiento are selected: What is desistimiento and caducidad.

Why No Lucrativa: Reasons in the Text of the Law

Reglamento does not give "rating" reasons, no lucrativ rejection statistics, we did not find what the law refers to below, and what really should be checked in your package. [1].

ReasonBasisWhat to Check
Insufficient fundsarts. 61.2.a, 62: 400 % IPREM plus 100% per family member for the period of authorizationIPREM value at date of delivery, family composition, origin of money
No appropriate insuranceart. 61.2.b; consulate in Moscow requires that all risks of the State system be covered [3]Policy conditions, insurers, period of validity
Incomplete or incorrect documentsArt. 38: passport for a period of at least one year, 5-year ancestor, medical certificate, dutyapostille, translation, limitation period, signatures
Antetrics and public orderarts. 61.2 (d) and 63.3: verification of certificate and police reportThe existence of records; they do not automatically result in rejection by themselves
Time limit for non-returnart. 61.2.c, if you have previously left under the voluntary return programmeWhether the deadline is still valid
False data, doubt of authenticityarts. 28.5 (b) and (d)Everything you have declared must be documented
Unjustified residence in Spain38.bYou serve from abroad and you don't count "rechasable" in bases.

Under article 63.3, the existence of a record in the police report itself and automatically not subject to refusal, the authority is obliged to assess whether a person constitutes a threat to public order and security, in the circumstances of the case. [1]But a full certificate of indignity with apostille and translation should be provided: Certificate of indignity for residence.

Non-renewal of no lucrativa: What are they looking at

Extensions are under article 64 and reasons for refusal lie in its terms [1]:

  • No new funds calculated under Article 62;
  • The insurance was not valid for the entire period of the past period or is not continuing;
  • School-age children are not enrolled: the oicina will inform the education authorities and give a month to correct;
  • The actual residence in Spain is not confirmed for more than 183 days in the calendar year;
  • No duty paid;
  • The agency took into account the violation of tax obligations and obligations to Segurid Social.

If a condition cannot be confirmed, article 64.6 allows the use of "integration effort" as an argument, with the positive conclusion of the region where you live, of the constitutional values and, if necessary, the teaching of languages. [1]This is not a guarantee, but an argument that evaluates. [1]I. Training: extension no lucrativa.

How do you read the text of rejection?

The refusal of a visa must be motivated by the facts and circumstances, documents and reports on which it is based, the law, the means of appeal, the authority and the time limit. [1]If there is no motive or remedy in the document, that is the argument for appeal.

  1. The date from which the period is considered to be the same; the period in months is counted as from the day after receipt and ends on the same number day; if the last day is not working, the period is transferred to the nearest worker [2].
  2. Which authority has issued the decision and which authority is the subject of the appeal.
  3. What exactly is the requirement: funds, insurance, document, and ancestors?
  4. Whether there is a reference to a police report or to "possible inconsistencies" is changing the line of defense.

Take a picture of the envelope or save the letter electronically: the date of receipt is considered to be the date of receipt.

How to appeal against refusal: reposición or court?

Decisions on visas and residence permits end administrative route, so the complaint is not needed (alzada) but two ways are available [1]First, a complaint lodged with the same authority, the second: a complaint before the Constitutional Administrative Court, the Consulate in Moscow indicates the time limit: 1 month per reposición from the date of receipt of the refusal and 2 months from the date of receipt of the request to the Madrid Court from the time of receipt of the refusal or rejection of the reposición. [3]. Ley 39/2015 gives the body one month to decide on reposición; if you choose it, you cannot go to court until you answer or remain silent. [2].

PathDeadline for submissionSpecialities
Reposición1 month after refusal [2][3]same body; reply within a month; silence is considered as a refusal [2]
Court action2 months on the Consulate page in Moscow [3]may be immediately or immediately reposición; specify rules of representation in court from the lawyer
New applicationThere is no legal waiting time in the standards we found.is appropriate if the cause can be removed by documents

If the refusal is not made, reposición may be applied at any time from the day following the expiry of the deadline [2]The reason for the refusal is what is the way to choose, and without a lawyer, we do not recommend this decision. Appeal against residence permit decision and First action after refusal.

What changed the Tribunal Supermo decisions of 2026?

The decisions of the Tribunal Supremeemo of 8 and 29 July 2026, published in BOE on 22 September 2026, declared invalid article 197, paragraph 2, of the Regulation in its entirety: it made electronic delivery mandatory for individuals in a number of procedures, including the extension of no lucrativa [4][5]The remaining requests for annulment were rejected by the court, and articles 61-64 were not named as invalid on the list. [4][1]In practice, this is important for extensions, but does not change the reasons for refusal listed above. As is now being extended in your province, please specify before filing.

Typical errors after failure

  • Waiting for "the substantive answers" and missing a month on reposición [2].
  • Send a complaint to the wrong authority or without a file number [1].
  • They apply for it immediately and repeat the same error in the documents.
  • They're running desistimiento with a refusal and trying to "rejoice" something that needed to be fixed in time. [1].
  • Change the background or explain the discrepancy: false information gives a separate ground for refusal [1].
  • They think that the application of reposición itself gives the right to enter or stay: there is no visa as long as there is no solution, and for those already in Spain, the status depends on the situation. [1].

What can we help you with?

The NEXO team in Barcelona is looking at the text of the refusal, finding the reason and determining what to do: correct the package and re-work or prepare an appeal. The correction and re-examining of the cases we've been leading is cost-effective; the appeal and appeal are not included. First consultation: 30 minutes free, full consultation: 121 I in 45 minutes. Book a consultationIf the appeal is pending, do not postpone the application procedure and the deadline for this status is collected at the No lucrativaand the service is described on the page no lucrativa; other options for living in Barcelona compares the page Residence permit in Barcelona.

Frequent issues

Why are they refusing no lucrativa?
Most often, under articles 61, 62 and 38 of the Regulation: below the threshold, insurance is not appropriate, documents incomplete, doubts about the certificate of non-judiciality. [1]We did not find official statistics on the reasons for the refusal.
How long does it take to appeal no lucrativa?
The consulate in Moscow calls for one month for reposición and two months for a lawsuit against the court, counting from the day of receipt of the refusal, the period of time shall be from the following day and shall be postponed if the last day of the non-working person is not working. [2][3]Check the timeline in the decision.
Can you re-apply the no lucrativa?
There is no waiting time in the standards we have found. A re-application makes sense if the reason can be removed by the documents, and it is useless if the agency considers the data to be false. [1].
What do you mean, "the motion is rejected by silence"?
According to the primary no lucrativa, if the authority has not decided within a month of the communication of the consulate, the application is considered rejected (art. 63.4). [1][2].
Can you appeal the non-lucrativa extension?
Yes, under the same rules Ley 39/2015: reposiion to the same body or court, first check the reason: often 183 days, funds or school are not confirmed. [1][2].
Do you need a lawyer to appeal the refusal?
Articles 121 to 124 Ley 39/2015 do not specify the mandatory lawyer for reposición, but the choice between reposición, suit and new application depends on the grounds for refusal and the time limit. [2].

Based on source

  1. BOE · Real Decreto 1155/2024, articles 27, 28, 38, 61 - 64, disposición adicional novena ♪
  2. BOE · Ley 39/2015, articles 24, 30, 121 - 124 ♪
  3. Spanish Consulate in Moscow · Visado de residencia no lucrativa (recursos) ♪
  4. BOE · Sentencia del Tribunal Supremo de 8 de julio de 2026 (BOE-A-2026-19632) ↗
  5. BOE · Sentencia del Tribunal Supremo de 29 de julio de 2026 (BOE-A-2026-19633) ↗

Sources are viewed on 02.10.2026. Consolidated texts and departmental reference pages are informative: legal application takes into account official publications, changes and specific circumstances. Material has not been personally checked by counsel.

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