The visa procedure for entering Spain is contained in the ninth and tenth additional provision of the Immigration Regulations (Royal Decree 557/2011, of April 20, approving the Regulations of Organic Law 4/2000, on the rights and freedoms of foreigners in Spain).
The Regulations provide that the resolution of visas is the responsibility of Spanish diplomatic missions and consular offices, indicating that the resolution of the visa will take into account the interest of the State and the application of the international commitments assumed by the Kingdom of Spain in this matter. In this sense, the visa is used as an instrument aimed at fulfilling the objectives of the foreign policy of the Kingdom of Spain or the European Union, especially immigration policy, economic policy and national security, public health or Spain’s international relations.
Submission of the application
The diplomatic mission or consular office where the visa application is submitted will return a stamped copy of it to the interested party, indicating the date and place of receipt or will send the acknowledgement of receipt to the address specified for notification purposes within the consular district.
Notifications, summons and requests
The consular office and the applicant may agree, depending on the technical possibilities, leaving a brief mention of this in the file and in the copy of the application that is returned as a receipt, the address (which must in all cases be within the consular district) and the means for making requests for correction or for the provision of documents or certifications required, as well as for making summons to appear and notifications of resolution.
Summons and requests will be made by telephone or fax provided by the interested party or his legal representative, and a reliable record of their completion will be kept in the visa file.
If the summons or request made by calling the agreed contact telephone number has not been attended to, the summons, requests or notifications will be sent in writing to the address indicated for this purpose in the application, which must be located within the same consular district.
Without prejudice to the provisions for cases of personal appearance and interview of visa applicants, the summons or requests sent must be attended to within a maximum period of ten days.
Once all the possibilities of notification provided for in this additional provision have been exhausted without it being possible to carry out the notification, whatever the reason, the notification will be made by means of a notice published for ten days on the corresponding notice board of the consular office, of which the applicant will be informed at the time of submitting the visa application.
If the requests or summons are not attended to within the deadline, the applicant will be considered to have withdrawn, and will be notified of the resolution declaring the withdrawal by the same procedure as in the previous paragraph. The resolution will consist of a statement of the circumstances that apply in each case, indicating the events that occurred and the applicable regulations.
An extract of the procedure contemplated in this additional provision will be included in the application form for the information of the interested party.
Request for information
The diplomatic mission or consular office to which the visa application is submitted, if there is a reason that justifies it, may request, in addition to the mandatory documentation, the reports that are necessary to resolve said application.
Appearance and interview of the applicant
During the processing of the visa procedure, the diplomatic mission or consular office may require the appearance of the applicant and, when deemed necessary, hold a personal interview to verify his or her identity, the validity of the documentation provided and the veracity of the reason for requesting the visa.
Failure to appear, unless there is a well-founded reason duly accredited before the competent body, within the established period, which may not exceed fifteen days, will have the effect of considering the interested party to have withdrawn from the procedure.
At least two representatives of the Spanish Administration must be present at the interview, in addition to the interpreter, if necessary, and its content must be recorded in a document signed by those present, of which a copy will be given to the interested party.
If the representatives of the Administration reach the conviction that the identity of the persons, the validity of the documents, or the veracity of the reasons alleged for requesting the visa are not undoubtedly proven, the visa will be denied. If an interview has been held, a copy of the report will be sent to the administrative body that, where applicable, had initially granted the authorization.
Granting of the visa
If the applicant, at the time of the decision, does not appear on the list of inadmissible persons, the diplomatic mission or consular office will assess the documentation and reports included for this purpose together with, where applicable, the authorization or authorizations granted, and will decide on the visa application.
Once notified of the granting of the visa, the applicant must collect it within one month from the notification, except in procedures where another period is expressly determined. If this is not done, it will be understood that the interested party has renounced the visa granted and the procedure will be closed.
Refusal decision
The refusal decision for a visa will be notified to the applicant in such a way as to guarantee him/her information about its content, the legal regulations that support it, the appeal that can be brought against it, the body to which it must be submitted and the deadline for lodging it.
The refusal of a residence visa for family reunification or residence and work as an employee, as well as in the case of stay or transit visas, must be reasoned, and the interested party will be informed of the facts and circumstances verified and, where appropriate, of the testimonies received and of the documents and reports, mandatory or not, incorporated, which, in accordance with the applicable regulations, have led to the refusal decision.
Without prejudice to the effectiveness of the refusal decision, and regardless of whether or not the interested party has lodged an appeal against it, any foreigner who is aware of an entry ban due to his or her inclusion on the list of inadmissible persons may submit a written request through the consular office to the head of the State Secretariat for Security of the Ministry of the Interior if he or she wishes to exercise his or her right to access his or her data or to request its rectification or deletion in the Schengen information system.
Appeals
The negative decision puts an end to the administrative process, and an optional appeal for reconsideration may be lodged against it before the Consulate itself, within one month from the day after the notification is made.
An administrative appeal may also be lodged before the High Court of Justice of Madrid, in accordance with articles 45 and 46 of Law 29/1998, of July 13, regulating the administrative-contentious jurisdiction, within two months from the day after the notification.
