1. Send us the decision
The decision with its notification date, the application you filed and the documents you submitted.
Appeal against a refusal
Refused residence, a visa or nationality in Spain: how to appeal
If you were notified of an unfavourable decision (resolución desfavorable) on arraigo, a renewal, a visa or nationality, the time to appeal is short. We tell you which appeal applies according to the appeal notice at the end of the decision (pie de recurso), whether to appeal or apply again, and prepare the appeal for reconsideration (recurso de reposición) or the hierarchical appeal (recurso de alzada).
Constanza Rossi Vibbot
Licensed lawyer ICAB no. 49.586 · Immigration
Online service · All of Spain and abroad
Book a consultation
In the consultation, the lawyer reads your decision and tells you which appeal applies, the last day to file it and whether applying again is a better option. If an appeal makes sense, she prepares and files it.
Which appeal applies and the deadline
The decision itself tells you how to appeal it. Before deciding anything, check this:
1. Read the appeal notice (pie de recurso)
At the end of the decision there is a paragraph saying whether it ends the administrative route, which appeal applies, where to file it and the deadline. The law requires it. Residence and visa refusals signed by the Government Delegation or Sub-delegation or by the consulate end the administrative route, so the options there are reposición or a court case, not alzada. Even so, that paragraph decides: what your decision says is what applies to your case.
2. Count the month date to date
The time limit starts the day after notification and ends on the same day of the following month: notified on 10 March, you can appeal until 10 April. If that day is not a business day, it moves to the next one. If the notice is electronic and you do not open it, after 10 calendar days it is treated as rejected and the time limit runs anyway.
3. Reconsideration (reposición): to the same office
It applies when the decision ends the administrative route. You file it within one month with the body that refused, which has one month to answer; if it does not, the appeal counts as rejected. It is optional, but while it is pending you cannot go to court.
See the appeal and its price4. Hierarchical appeal (alzada): to the higher body
It applies when the decision does not end the administrative route. You file it within one month, addressed to the body above the one that decided, which has three months to answer. Without an answer, it counts as rejected and the court appeal remains.
5. Court appeal (contencioso-administrativo)
It is filed within two months of being notified of the refusal or, if you asked for reconsideration, of being notified of that decision. It requires a lawyer, is quoted separately and, if it is fully dismissed, as a general rule the court orders you to pay the costs (costas).
If the appeal notice does not state the appeal, the body or the deadline, the notification is defective: bring it to the consultation before assuming the deadline is lost.
When we can help
- Your case is handled by a licensed immigration lawyer (ICAB no. 49.586) who appeals refusals every day.
- You were notified of an unfavourable decision on arraigo, a renewal, a visa or nationality and the deadline is still open.
- You do not understand why it was refused or which appeal the notice mentions.
- You are unsure whether to appeal or apply again.
- Your reconsideration or hierarchical appeal was rejected and you want to know whether a court appeal is worth it.
- The deadline for a decision has passed and your application counts as refused by silence (silencio negativo).
What the full service may include
- Reading the decision: reason for the refusal, appeal stated in the notice and last day to file it.
- Review of what you submitted, to see whether the office misjudged something or a requirement was really missing.
- A clear recommendation: appeal, apply again or stop, with what you risk in each case.
- Drafting of the appeal for reconsideration or hierarchical appeal with arguments and evidence, and a request for suspension if the refusal affects you while it is decided.
- Filing through the electronic register and sending you the receipt.
- If it is rejected, we tell you whether a court appeal is worth it and give you a quote before starting.
Prices
For people who have already filed. A specialist lawyer reviews your case and confirms the price before starting.
Consultation with a lawyer
30 minutes online for any question about your case, or to see which service you need. Includes a review of your documents.
BookBook a consultation€35
Deducted if you hire us
Offer until November 30
Answer a formal request
We prepare the reply and tell you what to provide.
Hire usHire us on WhatsAppFrom €150 + VAT
About 1 to 3 business days
Appeal a refusal
Administrative appeal (reposición or alzada).
Hire usHire us on WhatsAppFrom €400 + VAT
In about 5 business days
Request to move your file forward, drafted by a lawyer
When the deadline has passed and the authorities have not answered.
Hire usHire us on WhatsAppFrom €150 + VAT
About 1 to 3 business days
Services do not include fees, new documents or court proceedings.
Approximate time, counted from when we have your documents.
How we organize your application
2. We check reason and deadline
We check the last day to appeal and whether the reason can be challenged or applying again is better.
3. We draft the appeal
Reconsideration or hierarchical appeal, as the notice says, with the arguments and evidence behind it.
4. We file it
We file it through the electronic register within the deadline and send you the receipt.
Appeal or apply again?
Not every refusal is solved by appealing. It depends on why you were refused:
Appeal, if the office got it wrong
It misjudged a document, ignored something you submitted or applied a requirement wrongly. The appeal asks for the same application to be reviewed.
Apply again, if you now qualify
If a requirement was missing and you now meet it (more time in Spain, a job contract, a document you did not have), a new application can be faster and safer than an appeal.
What you did not submit when asked
If you could have submitted a document when you were asked for it (trámite de alegaciones or requerimiento) and did not, the appeal may not take it into account.
Appealing does not pause the refusal
The decision keeps its effects while the appeal is decided. Appealing does not suspend it by itself: if it leaves you without a permit, suspension can be requested in the same filing, although it is not always granted.
Depending on what was refused
Arraigo refused
Check the reason: if you lacked time in Spain or another requirement you now meet, applying again is usually better; if your evidence was misjudged, you appeal.
Renewal refused
Here the deadline matters more than anywhere else: the refusal can leave you without permission to work. Appeal early and consider asking for suspension.
Visa refused
The consulate decides, and the notice usually offers reconsideration before the consulate itself or a court appeal. Sometimes applying again with complete documents is better.
Nationality refused
The Ministry of Justice decision ends the administrative route: you can ask for reconsideration or go straight to court. Before appealing, check whether the reason can be fixed.
Each procedure has its own page with requirements and price: you will find it in the related links.
Scope, quote, and next steps
- The appeal asks for the decision to be reviewed, but it does not guarantee success or set a date for the answer.
- If a requirement was missing and the appeal has little chance, we tell you before charging for it and suggest applying again.
- A court appeal (recurso contencioso-administrativo) is a judicial route: it is quoted separately and, if it is fully dismissed, as a general rule the court orders you to pay the costs.
- Prices do not include fees or new documents such as certificates or translations.
- The initial appointment costs €35. If you later contract the full service, that amount is deducted from the service quote.
Did you receive a refusal?
Bring us the decision: we tell you which appeal applies, the last day to file it and whether to appeal or apply again.
€35 you get back: they are deducted from the appeal (from €400 + VAT) if you continue with us.
Frequently asked questions about the service
What should I do if my residence is refused?
Do not let the deadline run. Find the notice, read the reason and the appeal notice, and count one month (reconsideration or hierarchical appeal) or two (court appeal) from the next day. Then decide, depending on the reason, whether to appeal or apply again.
How long does an appeal take to be decided?
Reconsideration has one month to be decided and the hierarchical appeal three months. If there is no answer by then, as a general rule it counts as rejected and you can go to court without waiting for a reply.
What happens if my reconsideration is rejected?
The court appeal (recurso contencioso-administrativo) remains, within two months of being notified of the rejection. We tell you whether it is worth it and give you a quote before starting.
Can I appeal after the deadline?
No: a late appeal is rejected and the refusal becomes final. The only options left are the extraordinary review appeal (recurso extraordinario de revisión), in very specific cases set by law, or a new application. If the refusal is by silence, reconsideration and the hierarchical appeal can be filed at any time.
Do I need a lawyer to appeal?
It is not mandatory for reconsideration or a hierarchical appeal, but appeals are won with well-framed arguments and evidence, and a missed deadline cannot be fixed. For a court appeal you do need a lawyer.
How much does the appeal cost?
From €400 + VAT, ready in about 5 business days from receiving your documents. If you start with the €35 consultation, it is deducted from the appeal. A court appeal is quoted separately.
Can the service and support be handled online?
Document review, preparation, and coordination can be handled online. If the procedure requires personal attendance or action, we explain how it fits within the contracted service.
Useful links to prepare your case better
Arraigo
Requirements and handling if you apply for arraigo again.
Arraigo refused: what to do (in Spanish)
Which requirement fails in each arraigo type and when to appeal or apply again.
Residence renewal
What a renewal requires and how we prepare it.
Student visa
Complete documents if you apply for the visa again.
Spanish nationality refused (in Spanish)
Common reasons for refusal and what to do in each case.
Formal requests, refusals and issues
If what you received is a formal request or another issue.
Application with no answer
If there is no answer and you want to know what the silence means.
Official sources for verification
We verify procedural information against primary sources. Always check the current official information before filing.
Law 39/2015, article 40
The notice must state the appeals, the body and the deadline.
Law 39/2015, article 112
Which decisions can be appealed and with which appeals.
Law 39/2015, articles 121 and 122
Hierarchical appeal (recurso de alzada): when it applies, deadline and decision.
Law 39/2015, articles 123 and 124
Optional appeal for reconsideration (recurso potestativo de reposición): when it applies, deadline and decision.
Law 29/1998, article 46
Deadline for the court appeal (recurso contencioso-administrativo).
Royal Decree 1155/2024, Immigration Regulation
Requirements for each residence permit.