No lucrativa refusal: common reasons and how to appeal

What decisions are issued on a no lucrativa, and how do they differ?

“Refusal” covers several different decisions, and each calls for a different course of action. First work out exactly what you have received.

If the authorisation is refused, the consulate also issues a negative decision on the visa: article 28.10 says that a negative decision on the authorisation entails a negative decision on the visa, and the consulate must inform you in writing which appeals are available [1]. What follows covers grounds and ways to appeal; desistimiento is dealt with separately: what desistimiento and caducidad are.

Why a no lucrativa is refused: the grounds in the text of the law

The Reglamento does not rank the grounds, and we have found no refusal statistics for no lucrativa. Below is what the law refers to and what is actually worth checking in your application file [1].

More on criminal records. Under article 63.3, an entry in the police report does not automatically lead to refusal: the authority has to assess, on the facts of the case, whether the person is a threat to public order and security [1]. But the criminal record certificate, with apostille and translation, must be submitted in full; more here: criminal record certificate for a residence permit.

Refusal to renew a no lucrativa: what they look at

Renewal is governed by article 64, and the grounds for refusal lie in its conditions [1]:

• no funds for the new term, calculated under article 62;
• the insurance did not cover the whole previous term or is not being continued;
• school-age children are not attending school: the oficina will notify the education authorities and give a month to put this right;
• actual residence in Spain for more than 183 days in the calendar year has not been proven;
• the fee has not been paid;
• the authority has taken into account breaches of tax obligations and of obligations to the Seguridad Social.

If a condition cannot be proven, article 64.6 allows “integration efforts” to be used as an argument, backed by a favourable report from the region where you live on respect for constitutional values and, where relevant, on language learning [1]. This is not a guarantee but an argument that is weighed. The decision period for a renewal is three months, and silence on it means approval [1]. On preparation: no lucrativa renewal.

How to read the text of the refusal?

A visa refusal must state its reasons: it must contain the facts and circumstances, the documents and reports on which it is based, the legal provisions, the way to appeal, the authority and the deadline [1]. If the document has no reasons or no way to appeal, that in itself is an argument for an appeal. What to check first:

1. The date from which the deadline runs. A deadline in months runs from the day after receipt and ends on the same day of the month; if the last day is a non-working day, it moves to the next working day [2].
2. Which authority issued the decision and to which authority the appeal is addressed.
3. Which requirement exactly is named: funds, insurance, a document, criminal record.
4. Whether there is a reference to a police report or to “possible inconsistencies”: this changes the line of defence.

Photograph the envelope or keep the letter in electronic form: deadlines run from the date of receipt.

How to appeal a refusal: reposición or court?

Decisions on visas and residence authorisations end the administrative procedure, so an appeal “upwards” (alzada) is not needed, and two routes are available [1]. The first is an optional recurso de reposición to the same authority. The second is to go straight to the contentious-administrative court. The consulate in Moscow gives the deadlines: 1 month for a reposición from the day the refusal is received, and 2 months for a claim before a court in Madrid from receipt of the refusal or of the rejection of the reposición [3]. Ley 39/2015 gives the authority one month to decide on a reposición; if you have chosen it, you cannot go to court before the reply or the silence [2].

If the refusal results from silence, a reposición can be filed at any time from the day after the deadline expires [2]. Which route to choose depends on the ground for refusal, and we do not recommend making that decision without a lawyer. The overall picture of appeals: appealing a residence permit decision and first steps after a refusal.

What did the 2026 Tribunal Supremo rulings change?

Judgments of the Tribunal Supremo of 8 and 29 July 2026, published in the BOE on 22 September 2026, struck down paragraph 2 of article 197 of the Reglamento in its entirety: it made electronic filing compulsory for individuals in a number of procedures, including no lucrativa renewal [4][5]. The court dismissed the other claims for annulment, and articles 61-64 are not among the provisions declared void [4][1]. In practice this matters for renewals but does not change the grounds for refusal listed above. Check how renewals are currently filed in your province before you apply.

Common mistakes after a refusal

• Waiting for a “reply on the merits” and missing the one month for a reposición [2].
• Sending the appeal to the wrong authority or without the file number [1].
• Filing a new application straight away and repeating the same mistake in the documents.
• Confusing desistimiento with refusal and trying to “appeal” something that should have been corrected in time [1].
• Changing certificates retroactively or not explaining discrepancies: false information is a separate ground for refusal [1].
• Thinking that filing a reposición in itself gives the right to enter or stay: until there is a positive decision there is no visa, and for those already in Spain the status depends on the specific situation [1].

How we can help

The ReloVictory team in Barcelona reviews the text of the refusal, finds the ground and decides what to do: correct the application file and reapply, or prepare an appeal. Correction and reapplication for cases we handled are included in the price; appeals and challenges are not. First consultation: 15 minutes free; full consultation: €121 for 45 minutes. Book a consultation. If the appeal deadline is running, do not put it off. The general filing procedure and deadlines for this status are collected in the no lucrativa route card, the service is described on the no lucrativa page, and other ways to live in Barcelona are compared on the residence permit in Barcelona page.

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ReloVictory · Sources reviewed 02.10.2026 · Not a substitute for individual legal advice.