No answer from the Spanish consulate on your visa

Key rules

• Silence: After the decision period, no answer is generally treated as a refusal.
• Second application: Do not file a new application while the first is pending; it may be rejected as a duplicate.
• Appointments: Ask the consulate in writing before you rebook an appointment.
• Appeal deadlines: A recurso de reposición is due within one month of a refusal; a court appeal within two months, or six after silence.

Silence usually means a refusal

If the consulate says nothing once the decision period ends, the application is treated as refused. This is called "silencio negativo". You get no letter, but the clock for appeals still runs. A few visa types follow different rules, so check yours.

The decision period depends on the visa. It is generally up to one month for most categories, such as student visas. Work, non-lucrative and digital nomad visas get up to three months. In practice, consulates often take longer.

What to do, in order

1. Check your visa type's period. Do not act before it has passed.
2. Write to the consulate. Use email or its contact form. Quote your application date and reference number. Keep a copy.
3. Complain through the Ministry of Foreign Affairs. Use its complaints channel if the consulate still does not reply.
4. Appeal if you are refused or the period has passed. There are two routes, described below.

Your appeal options

• Recurso de reposición. This is an appeal to the consulate itself. File it within one month of an express refusal. After silence the deadline is not fixed in the same way, so you can file later. Success is not guaranteed.
• Contencioso-administrativo appeal. This goes to the courts in Spain, usually the Audiencia Nacional for consulate decisions. The deadline is two months after an express refusal, or six months after silence. Most people use a Spanish lawyer for this.

Note the date of any written refusal straight away. Appeal deadlines are short.

Do not do these things while you wait

• Do not file a second application while the first is pending. The consulate may treat it as a duplicate or reject it, and you may pay fees twice. You can generally reapply once the first is formally refused or withdrawn.
• Do not rebook your appointment without asking. It can cancel or confuse your original file and make you lose your filing date. Ask the consulate in writing first.

The timeline, checklist, warnings and FAQ below cover these steps again in short form.

This page is for applications made abroad. If you applied from inside Spain, different rules apply.

Timeline and deadlines

• Wait for the decision period for your visa type to pass: generally up to 1 month for most categories, such as student visas: up to 1 month after applying

• Wait for the longer decision period that applies to work, non-lucrative or digital nomad visas: up to 3 months after applying

• Send a written inquiry to the consulate, quoting your application date and reference: once the decision period has passed

• File a complaint through the Ministry of Foreign Affairs complaints channel if the consulate still does not reply: after your written inquiry gets no answer

• File a recurso de reposición (an appeal to the consulate itself) against a refusal: within 1 month of the refusal

• Take a court appeal to the courts in Spain against an express refusal: within 2 months of the refusal

Checklist

• Check the decision period for your visa type: generally up to 1 month for most categories, up to 3 months for work, non-lucrative or digital nomad visas.

• Write to the consulate by email or contact form, quoting your application date and reference.

• File a complaint through the Ministry of Foreign Affairs complaints channel if the consulate does not reply.

• Ask the consulate in writing before you rebook or change an appointment.

• Confirm whether your first application has been formally refused or withdrawn before you start a new one.

• Note the date of any refusal so you can file a recurso de reposición within 1 month.

What to watch out for

• Silence counts as a refusal: Once the time limit passes, your application is treated as refused (silencio negativo), even if the consulate never writes to you. The deadline to appeal a silent refusal is not fixed the same way, and a late appeal may not succeed. Write to the consulate as soon as the decision period passes, and ask about an appeal rather than waiting.

• A second application can be rejected: Filing a second application while the first is pending is usually not accepted, and the consulate may treat it as a duplicate. Apply again only after the first one is formally refused or withdrawn.

• Rebooking can damage your file: Rebooking an appointment while one is pending can cancel or confuse your original file. You risk losing your filing date, paying fees twice and ending up with a refusal on record. Ask the consulate in writing before you rebook anything.

• Appeal deadlines are short: A recurso de reposición must be filed within 1 month of a refusal, and a court appeal within 2 months of an express refusal. Note the date of the refusal the day you receive it and file before the deadline.

Frequently asked questions

Can I submit a second visa application while the first one is still pending?

No, you generally cannot submit a second visa application while the first is pending, because the consulate may treat it as a duplicate or reject it. A new application is usually possible once the first is formally refused or withdrawn.

Who can I complain to if the consulate does not reply to my emails?

You can file a complaint or suggestion through the complaints channel of the Ministry of Foreign Affairs (Exteriores). Send the consulate a written inquiry first, quoting your application date and reference.