Question
Has anyone else encountered a situation where a non lucrative Spain visa was declined due to a virtual medical certificate, appealed the decision with a legal letter, and then been denied again even after providing an in-person medical certificate?
What is the process for obtaining a highly qualified work visa and the roles of both the worker and the employer?
Are there specialists in immigration law who have experience with cases similar to this, involving non lucrative Spain visa denials due to medical certificate issues, and could you recommend any such lawyers?
Answers
These are the answers of some Facebook group members:
”This is a perfect example of why you should use an agent that knows what they are doing in the 1st place”
”Unfortunately, no agent has control over the consulate and their decisions”
”We used a certificate template, acceptable by the London consulate and didn’t need translating as in English and Spanish. The doctor needs to print it on their headed paper, stamp and sign”
The problem is requirements seem to differ from the consulate on what they like and what they don’t like, and then a bigger problem is when you appeal the person who declined you reviews your appeal And let’s face it nobody likes being told they are wrong”
”From what I can gather the London consulate accepts video-conducted medical interviews but the Manchester consulate does not. Not sure about Edinburgh”
”We were going to take the legal route but got the visa before we did that. We were going to apply for ‘precautionary measures ‘ at the same time so that we could stay in Spain until the court date”
”It seems everybody else has won their appeal on this matter at Manchester, however, we were declined again. Even tho we provided an additional certificate done in person. Absolute nonsense Yes we are of the understanding that if you appeal again and take it to Madrid you can stay in Spain whilst you are doing this. Please if you have any more info, lawyer recommendations anything that could help please provide it”
In conclusion, according to Spainguru Facebook group members, some suggested using knowledgeable agents, but consulate decisions remain unpredictable. While some consulates accept virtual medical interviews, others don’t (E.g. Manchester, San Francisco). Legal action, including appeals and “precautionary measures,” has been considered by some. Despite successful appeals, the challenge lies in convincing the initial decision-maker. Expert immigration lawyers familiar with NLV cases were sought for assistance in navigating this complex situation.
