Scornik Gerstein LLP is delighted to announce another successful outcome for our Immigration and Litigation teams, after securing a favourable judgment before the High Court of Justice of Madrid in a case involving the refusal of a Spanish Non-Lucrative Residence Visa.
The Court overturned the decision of the Spanish authorities and confirmed that our client was entitled to be granted the visa.
Our client applied for a Spanish Non-Lucrative Residence Visa through the Spanish Consulate. This type of visa allows non-EU nationals to live in Spain without undertaking employment or business activities.
The application was refused because of criminal record issues, despite the applicant providing an official UK criminal record certificate confirming that there were no active criminal record entries.
Having carefully reviewed the refusal decision, our Immigration and Litigation teams concluded that the law had been incorrectly applied. We advised the client that there were strong grounds to challenge the decision before the Spanish courts and represented them throughout the judicial proceedings.
Working together, our Immigration and Litigation teams argued that the visa application had not been properly assessed and that the authorities had failed to take into account the true status of the applicant's criminal record under UK law.
We also submitted that the refusal was based on an incorrect interpretation of the evidence and that the decision-making process had been flawed.
The High Court of Justice of Madrid agreed with our arguments and ruled in favour of our client.
The judgment overturned the visa refusal and confirmed that there was no lawful basis for refusing the application. As all of the other visa requirements had been met, the Court recognised our client's right to be granted the Non-Lucrative Residence Visa.
The Court also ordered the Spanish State Administration to pay the legal costs of the proceedings.
This judgment is encouraging for British nationals applying to move to Spain.
Following Brexit, applicants for Spanish residence visas are required to provide criminal record certificates as part of the application process. This case demonstrates that the existence of criminal records does not automatically prevent someone from obtaining a Spanish visa and that every application must be assessed carefully fairly and in accordance with the law.
Scornik Gerstein LLP has extensive experience advising clients whose Spanish immigration applications involve criminal record issues. We have successfully assisted clients with criminal records in obtaining Spanish visas and residence permits, as well as representing applicants whose visas have been refused.
Every case is different and - importantly - must be assessed on its facts, and the impact of a criminal record depends on a range of factors, including the nature of the offence, when it occurred, the applicable law and the specific immigration route being pursued.
Where appropriate, we work with clients from the outset to maximise the prospects of a successful application. If an incorrect or unlawful decision is made, our Immigration and Litigation teams have the expertise to challenge it before the Spanish courts.
Whether you are making a visa application or appealing a refusal, our team can guide you through every stage of the process and provide clear, practical advice tailored to your circumstances.
If you have concerns about how a criminal record may affect your eligibility to obtain a Spanish visa or residence permit, or if your application has been refused, please contact Scornik Gerstein LLP. Our experienced Immigration and Litigation teams will be pleased to advise you on your options.