Your visa was refused in Lima: the appeal for reconsideration
What to do if your visa is denied at the Spanish Consulate in Lima: how to write the Appeal for Replacement, legal deadlines of 1 month and judicial appeals.

You pick up your envelope at BLS Lima with the hope of traveling to Spain and, upon opening it, you find an administrative resolution with a box marked: 'Visa is denied'.The feeling of frustration and defeat is immense.However, a consular denial is NOT a final ruling: the Spanish legal system gives you the right to appeal the decision through an Optional Appeal for Reinstatement or a contentious-administrative lawsuit before the courts of Madrid.
Analysis of the Motivation of the Consular Resolution
In accordance with article 35 of Law 39/2015, any resolution denying a visa must be duly motivated by the Administration.Consuls cannot reject a request on a whim.
The most common reasons given in Lima are:
- 'The conditions of the planned stay have not been justified' (doubts about the study program or lack of training coherence).
- 'Lack of sufficient means of subsistence' (doubtful or insufficient bank funds according to IPREM).
- 'Risk of irregular stay / lack of roots' (in Schengen tourist visas).
The first legal step is to break down exactly which article of the law the consul claims you have not complied with.
The Optional Replacement Resource (Term of 1 Month)
You have a peremptory period of exactly ONE MONTH, counted from the day following the notification of the denial resolution, to file an Optional Appeal for Reinstatement before the same Consul General who signed the denial.
The appeal must be a legal document based on law, where it is argued with citations to the BOE regulations and jurisprudence that the consular assessment was erroneous or disproportionate, providing new documentary evidence that corrects the authority's doubts.
The Consulate has a maximum legal period of one month to respond to the appeal.If you do not respond within that period, it is deemed to have been rejected due to negative administrative silence.
Keep readingHow to pay at BLS USA: money orders and cashier's checksThe Contentious-Administrative Appeal before the TSJ of Madrid (Term of 2 Months)
If the consul rejects the appeal for reconsideration (or if you prefer to skip this step), you can go directly to court by filing a Contentious-Administrative Appeal before the Contentious Chamber of the Superior Court of Justice of Madrid (TSJM) within a period of two months.
In this judicial headquarters in Spain, a collegiate court of independent magistrates will review the legality of the consulate's actions.Statistics show that a significant percentage of appeals before the TSJM end up ordering the forced granting of the visa when the consular denial lacked solid motivation.
Ways to Challenge a Consular Denial in Lima
| Legal Route of Appeal | Non-extendable term | Resolving Body | Success Rate / Cost |
|---|---|---|---|
| Potential Replacement Resource | 1 calendar month from notification | Same Consulate General of Spain in Lima | Medium-High if new legal evidence is provided |
| Contentious-Administrative Appeal | 2 Months from denial or dismissal | Superior Court of Justice of Madrid (TSJM) | Very High (Requires lawyer and attorney in Spain) |
| Submission of New Application | Immediate (No minimum term) | BLS Lima regular window | Low if the causes of the first rejection are not corrected |
| Consular Information Request | 10 calendar days | Consulate Secretariat in Lima | Informative (Does not suspend appeal deadlines) |
Key Practical Tips
What the team recommends before you file anything:
- Do not request a new ordinary appointment again by presenting the same rejected papers. The new request will be automatically denied due to a recent previous negative resolution without factual changes.
- The appeal for reconsideration must be submitted in writing, signed at the Consulate window or sent through the official administrative registry.
Required Documentation Checklist
- Full copy of the official denial resolution with the seal of the Consulate General of Spain.
- Exact calculation of the period of 30 calendar days so as not to allow the right to appeal to expire.
- Technical review of the alleged reasons with a lawyer specializing in Spanish immigration.
- Drafting of legal allegations based on Law 39/2015 and RD 557/2011.
- Provision of new compelling documentary evidence that neutralizes the consul's arguments.
Sources: Ley 39/2015 del Procedimiento Administrativo Común de las Administraciones Públicas (Artículos 123 y 124); Ley 29/1998 reguladora de la Jurisdicción Contencioso-Administrativa (Tribunal Superior de Justicia de Madrid); Código Comunitario sobre Visados de la Unión Europea.
