IMV denied in Spain: appeal with pre-claim appeal (reclamación previa)
An IMV refusal is not the end. INSS must state the exact reason in the decision. You have 30 working days to file a pre-claim appeal. Without this step, courts will not accept a claim.
Quick answer
- Deadline for pre-claim appeal: 30 working days from the notification date.
- If INSS does not reply within 45 days: deemed refusal. Then 30 more working days to sue.
- File at My Social Security portal or at the INSS office that issued the decision.
- Key rule: the appeal must challenge the specific reason stated, not just disagree in general.
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Start the IMV appealMost common IMV refusal reasons and what to do
- Income above the threshold: check whether all income was correctly calculated.
- Household composition mismatch: verify that your registration certificate matches your application.
- Insufficient legal residence: check whether your permit and registration are both valid.
- Assets above the limit: verify whether all assets were correctly counted.
- Prior application still open: a duplicate application may have been rejected.
What to do first
- Find the INSS decision letter. It states the exact refusal reason you must challenge.
- Note the exact notification date. 30 working days start from this date.
- Gather documents that specificălly address the stated refusal reason.
- File the appeal in writing through Mi Seguridad Social and save the confirmation.
Documents and evidence
- DNI/NIE/TIE or passport.
- SEPE/INSS decision, application receipt or expediente number.
- Work history report (vida laboral), contribution days, income documents and bank details.
Deadlines and risk
- 30-day deadline is strict: courts will not accept the claim without this prior step.
- Appeal that does not address the specific stated reason: INSS will formally reject it.
- Waiting for a phone call from INSS: everything must be in writing.
- Reapplying instead of appealing: the new application starts a fresh process and may be refused again.
- After deemed refusal (45 days silence): a further 30 working days. This deadline also does not wait.
Pre-claim appeal already filed but refused?
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Plan the next stepRelated pages
Information only, not legal advice. Public authorities, courts, banks and companies make their own decisions.
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