A consular refusal, not a border refusal
This guide is about a Schengen visa refused by the consulate, before the trip. That is a different procedure from being turned away at the border after you have arrived, which is governed by another regulation and another form: we cover that in the guide to being denied entry. Here we mean the negative decision you get after applying for the visa, usually through the process described in the guide to applying for a Schengen visa.
How it is notified
Article 32 of Regulation (EC) 810/2009 (the EU Visa Code) requires every refusal to be notified in writing, using the standard form in Annex VI. That form ticks a box for the specific ground or grounds and states which authority to appeal to and within what deadline. A verbal refusal, or one that does not state the ground, does not comply with the Code.
What each Annex VI ground means
The boxes on the form include, among others:
- A false or forged travel document was presented.
- The purpose and conditions of the intended stay were not justified.
- No proof of sufficient means of subsistence for the stay or for the return to the country of origin or residence (see the proof of funds guide).
- You have already used the 90 days of authorised stay in the current 180-day period.
- An alert for refusal of entry has been entered in the Schengen Information System (SIS) by another Member State.
- You are considered a threat to public policy, internal security, public health, or the international relations of one or more Member States.
- No proof of adequate travel medical insurance (see the guide to insurance for a Schengen visa).
- The information provided on the purpose and conditions of the stay was not reliable: here you did submit documents, but the consulate does not find them credible (contradictions, or intentions that do not fit your personal situation).
- Your intention to leave the territory before the visa expires could not be ascertained.
That last one, doubt about the intention to return, is, on the EU’s own published figures, by far the most common ground, followed by insufficient means and unreliable information.
The right of appeal
Article 32(3) of the Visa Code gives every applicant whose visa is refused a right of appeal. The appeal is brought against the Member State that took the final decision and is handled under that state’s national law, because there is no single European procedure. The Annex VI notification must tell you the competent authority and the deadline.
The Court of Justice of the EU, in El Hassani (Case C-403/16, judgment of 13 December 2017), held that Article 32(3), read together with Article 47 of the Charter of Fundamental Rights, requires Member States to guarantee, at some stage of the procedure, an appeal before a court, not only an internal administrative review.
The deadlines in Spain
For a visa refused by a Spanish consulate, there are two routes, which can be used one after the other:
- Recurso de reposición (optional administrative appeal): to the same body that issued the refusal, within 1 month of the day after notification.
- Recurso contencioso-administrativo (judicial review): to the Administrative Chamber of the High Court of Justice of Madrid (Tribunal Superior de Justicia de Madrid), within 2 months of the day after notification of the refusal (or of the decision on the reposición appeal, if you filed one), under Law 29/1998.
Filing an appeal does not suspend the refusal or speed up an imminent trip: decisions take months. Each Schengen state has its own deadlines and competent body; always follow what your Annex VI form says.
Appeal or reapply?
A refusal does not bar you from lodging a new application. In practice:
- If you believe the consulate got it wrong on documentation that was correct and complete, an appeal is the way to have that specific decision reviewed.
- If the ground points to a real gap, such as a missing document, funds that fell short or insurance that did not comply, it is usually faster to reapply, fixing exactly that point: more evidence of ties, a coherent itinerary, funds shown with the documentation the consulate actually accepts, an insurance certificate that meets all four Article 15 conditions.
Resubmitting the same application unchanged tends to end in the same refusal. And each application carries its own €90 fee, which is not refunded even if refused.
Your data in the visa system
You can exercise your right of access to and rectification of the data concerning you in the Visa Information System (VIS). If you suspect the refusal rests on an SIS alert you believe is wrong, that is the channel to ask for it to be reviewed.
Frequently asked questions
Does a refusal leave a “mark” on future applications? The application and its outcome stay in the VIS for five years, and other consulates can see it. It is not an automatic ban, but a new application will have to clear the doubt that caused the earlier refusal.
How long does an appeal take? Months, both the administrative and the judicial route. It is not a way to make a specific trip on time; for that, reapplying with corrected documentation is usually the practical move.
Can I apply in a different Schengen country if one consulate refuses me? Only if that other country is your genuine main destination. Switching consulates to dodge a refusal, without your itinerary changing, is itself a ground for suspicion, and the earlier refusal is visible to all.
Do I get the €90 fee back? No. The fee covers processing the file, not its outcome, and is not refunded even if the decision is negative.
Do I need a lawyer for the reposición appeal? Not for the administrative appeal. The judicial review before the High Court of Justice of Madrid does require a lawyer and a court representative (procurador).
Legal note
This guide describes the general framework and is not a substitute for immigration legal advice. Faced with a real refusal, and especially before a judicial appeal, consult a specialist lawyer or the consulate.
Guide verified 09/09/2026. Sources: Regulation (EC) 810/2009 (EU Visa Code), Article 32 and Annex VI (standard refusal form and right of appeal); Court of Justice of the EU, judgment of 13/12/2017, Case C-403/16 (El Hassani); Law 29/1998 of 13 July on the Administrative Jurisdiction (appeal deadlines); Spanish Ministry of Foreign Affairs, EU and Cooperation, consular information on appeals against visa refusal. Deadlines and the competent body vary by Schengen state: follow what your refusal form says.