Appealing a refusal: administrative appeal (recurso de reposición) and court review

Terms used

• Recurso de reposición — The recurso de reposición is an optional appeal filed with the same office that refused you, asking it to review its decision.
• Contencioso-administrativo — The contencioso-administrativo is the court route for challenging a decision by a public authority.
• Subdelegación — A Subdelegación del Gobierno is the local state office that usually decides residence permit applications.
• Recurso de alzada — The recurso de alzada is an appeal to the higher body above the one that issued a decision.
• Procurador — A procurador is the court representative who files documents for you, working alongside your abogado.
• Colegio de Abogados — The Colegio de Abogados is the local bar association, which runs the free legal guidance service.

Key rules

• Reposición deadline: You have one month from the day after notification to file a recurso de reposición.
• Court deadline: You have two months from the day after notification to go to court, and August does not count.
• One route at a time: You cannot go to court while a reposición is pending, and filing in court first rules out a reposición.
• Silence: If a reposición gets no answer after a month, it counts as rejected and you can go to court.
• Lawyer: Reposición needs no lawyer, but court normally needs an abogado and often a procurador.

Your two routes

You have two ways to challenge a refusal. The first is an optional administrative appeal, the recurso de reposición, filed with the office that refused you. The second is the court route, the contencioso-administrativo. You can use the first and then the second, or go straight to court. You cannot run both at the same time.

The deadlines are different, so decide before the first one runs out. Filing late forfeits the appeal.

Check your notice first

Most refusals from a Subdelegación or Delegación del Gobierno, or from central authorities, say they "ponen fin a la vía administrativa". That wording means you may file a reposición or go straight to court. You do not need a recurso de alzada (a further appeal to a higher body).

Some decisions from lower bodies offer an alzada instead. The notice states which appeal you have, so follow its wording.

Reposición: one month, no lawyer

File within one month, counted date to date from the day after you are notified. If you are notified on 10 March, your last day is 10 April. If the last month has no matching day, the deadline ends on that month's last day. If the last day is not a working day, it moves to the next working day.

August counts for reposición. It does not count for court deadlines.

You need no lawyer or procurador. Keep proof of the date it was registered. The administration has one month to answer. If it stays silent, the appeal is treated as rejected.

Filing a reposición pauses the court deadline. You cannot go to court until it is answered or deemed rejected. If you go to court first, you can no longer file a reposición.

Court: two months, with a lawyer

If you skip reposición, file in court within two months from the day after you are notified. August does not count.

If you filed a reposición, the court clock depends on the answer:

• No answer: after the month of silence, you have six months from the next day.
• Original application never answered: you have six months from the day the silence takes effect.

If a late answer arrives after you have already gone to court, the court case goes ahead. The two months from that late answer do not apply to you.

The deadline is strict. Electronic filing is possible 24 hours a day until the end of the last day. Paper filing at a court is only possible until 15:00 on the last day.

Which court

• Refusals from a Subdelegación or Delegación del Gobierno, the usual source of residence permits, go to the Juzgado de lo Contencioso-Administrativo where that body sits.
• Decisions from central bodies, such as the migration ministry or its directorate general, go to the Audiencia Nacional. So do nationality refusals.
• Visa refusals from a consulate follow different rules. Ask the Colegio de Abogados which court applies.

Lawyer and free legal aid

In court you normally need an abogado, and often a procurador. In single-judge courts, an abogado alone can act for you. Hire them before you file.

If you lack enough means, you can ask for free legal aid, whatever your residence status. Apply through the Colegio de Abogados's legal guidance service. A means test may apply.

Which route to pick

Reposición costs no lawyer and can get the decision reviewed by the same office. It adds waiting time. Going straight to court is faster but needs a lawyer. The decision guide, timeline and checklist below help you choose. If you have already missed a deadline, read the page on missed deadlines.

Choosing between options

Should you file a reposición first or go straight to court?

• Reposición first: Fits if you want the same office to review its decision, without a lawyer and at lower cost. Court stays closed until it is answered or deemed rejected, and the court deadline is suspended meanwhile.

• Straight to court: Fits if you prefer to skip the review and have a lawyer ready. You cannot file a reposición afterwards, so the whole case goes to the judge.

The notice must end the administrative route. Then pick one: reposición within one month, or court within two months. You cannot file both against the same refusal.

Timeline and deadlines

• Read the notice and confirm it ends the administrative route: before you choose a channel

• Go to court after the deemed rejection of your reposición: within six months from the day after the month for answering ends

• Skip reposición and go straight to court against the refusal: within two months from the day after you are notified, and August does not count

Checklist

• Check the notice for the wording that it ends the administrative route ("pone fin a la vía administrativa"); if it offers a recurso de alzada instead, follow that wording.

• Find which body issued the refusal: a Subdelegación or Delegación del Gobierno goes to the Juzgado de lo Contencioso-Administrativo, and a central ministry decision goes to the Audiencia Nacional.

• Ask the Colegio de Abogados which court hears your case if the refusal came from a consulate (a visa) or is a special case.

• Note the date your reposición was registered, so you know when the administration's month to answer ends.

• Treat a reposición with no answer after that month as rejected, and prepare your court filing.

• Hire a lawyer, and a procurador if the court requires one, before filing in court; a reposición needs neither.

What to watch out for

• Filing both appeals at once: You cannot file reposición and a court challenge against the same refusal together. If you go to court first, you lose the reposición. If you file reposición, the court route stays closed until it is answered or deemed rejected. Choose one route before the first deadline runs out. Filing reposición suspends the court deadline.

• Missing the court deadline: The court deadline is strict, and a late filing forfeits the appeal. August does not count for court deadlines, but it does count for reposición. Count date to date from the day after notification, and file electronically before the last day ends.

• Waiting for an answer that never comes: If the administration does not answer your reposición within a month, it is treated as rejected. A late answer can still arrive, but it will not reopen the time you lose by waiting. Note the registration date, and go to court within six months from the day after that month ends.

• Assuming the notice offers the same appeal: Some resolutions from lower bodies allow a recurso de alzada instead of the court or reposición route. Read the closing paragraph of the notice and follow the appeal it names.

• Filing in the wrong court: Government delegation refusals go to the Juzgados de lo Contencioso-Administrativo, central ministry decisions go to the Audiencia Nacional, and visa refusals by consulates follow different rules. Identify the issuing body on the notice and ask a lawyer before you file.

Missed the deadline to appeal an immigration refusal: what options remain?

Your refusal is now final, and a new application is usually the way forward

Once the appeal window has closed, the refusal is firm. You can no longer challenge it in the normal way. The deadlines for the optional administrative appeal (one month) and for going to court (two months) are explained in full on the appeals page. You still have options, but they are narrow.

Start by checking for an entry ban

Read the refusal letter for any mention of an expulsion, a return order or a "prohibición de entrada" (entry ban). This changes everything:

• No entry ban: a refusal alone does not stop you applying again. There is no waiting period.
• Entry ban: you cannot enter for the period set in the order. In most cases that is up to five years, and longer for serious threats. It can also be recorded in the Schengen system. Residence applications made while a ban is in force are normally refused unless the ban is lifted.

The usual route: apply again

In most cases, the practical path is a fresh application that fixes the reason for the refusal. Take the refusal letter and work out exactly what went wrong: a missing document, insufficient income, an expired paper or an error in the form. Then fix that one thing and file again. A new application that repeats the same problem will probably be refused again.

Extraordinary remedies: rare, strict, and worth a lawyer's opinion

Two routes exist for final decisions. Both rarely succeed.

• Review of a decision that is void. This covers only decisions that are null for specific, serious legal reasons. An ordinary mistake in your case does not qualify.
• Extraordinary review. This is limited to narrow grounds: a clear material error, new documents of essential value, or false evidence used in the decision. The time limits are strict and can be as short as three months from when the ground arises.

If you think one of these fits your case, see an immigration lawyer quickly. They can tell you whether it is worth trying, and whether a new application would be faster and safer. Your regional bar association can point you to a lawyer, including free legal aid if you qualify.

Outline for an administrative appeal request

Use this outline for a first-level appeal (recurso de reposición) against a refusal. Fill in the blanks in plain words, delete the notes in square brackets, and keep the order.

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To: [Name of the office that issued the refusal, exactly as written on the decision]

Subject: Recurso de reposición against the decision of [date of the decision], file number [number on the decision]

1. Who is appealing

I, [full name], [nationality], with NIE [number] and passport [number], living at [address in Spain]. [If a representative files for you: "I act through [representative's name and ID number]. Proof of representation is attached."]

2. Address for notifications

Please send all notices to [postal address or electronic address].

3. The decision I am challenging

[Say which decision: the type of application, the date of the refusal and the file number. Attach a copy.]

4. Facts

• On [date] I applied for [permit or visa type].
• On [date] I received a refusal.
• The refusal gives this reason: "[copy the refusal's own ground word for word]".
• [Add any other fact the office needs, in short numbered points.]

5. Grounds for the appeal

[Answer the refusal's own ground directly. Say why it does not apply to you. Examples of how to do this:]

• [If the ground is funds: "The refusal says my funds are not proven. My bank statements for [period] show [amount], which is above the required amount."]
• [If the ground is insurance: "The refusal says my health insurance does not qualify. My policy covers [what it covers], with no co-payments or waiting periods. The policy is attached."]
• [If the ground is a missing document: "The document was issued on [date]. A copy is attached."]

[One short paragraph for each point. Do not add arguments the refusal did not raise unless they matter.]

6. Evidence attached

1. Copy of the refusal.
2. [Document that answers the first ground.]
3. [Document that answers the second ground.]
4. [Proof of representation, if someone files for you.]

[Missing evidence does not make the appeal invalid, but documents that answer the refusal's ground make it stronger.]

7. What I ask for

I ask the office to cancel the decision of [date] and to grant [the permit or visa applied for].

8. Place, date and signature

[City], [date]

[Signature]

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Before you file

• Deadline: you have one month from the day after you receive the refusal. A late appeal is rejected, so file early.
• Where to file: with the office that issued the decision. You can use its online register, any public administration's register, a post office or a consulate.
• Online filing: if you are required to deal with the administration online, you must file online. Paper is not accepted in that case.
• Signature: an unsigned request is a common reason for trouble. Sign it, or sign it electronically if you file online.
• Mistakes: if something is missing, the office must give you 10 days to fix it. Check your notifications so you do not miss that window.

Frequently asked questions

Do I need a lawyer to file a recurso de reposición?

No, a recurso de reposición does not need a lawyer, and you can file it yourself. The court stage is different: it normally needs a lawyer and a procurador (a court representative).

Can I get free legal aid to challenge a refusal?

Yes, foreign nationals without enough means can get free legal aid for proceedings about entry and stay, whatever their residence status. A means test can apply in some cases. Ask the legal guidance service of your local Colegio de Abogados (the lawyers' association).

Does August count when I file a reposición?

Yes, August counts for a reposición, because the August exclusion applies only to court deadlines. If the last day falls on a weekend or public holiday, it moves to the next working day.

What if the administration answers my reposición late, after I went to court?

A late answer can still be issued, but once you have gone to court the two-month period from its notification no longer applies to you. Your court filing runs on the deemed rejection, so do not wait for a late answer.

Until what time can I file on the last day of the deadline?

You can file electronically at any hour until the end of the last day. Paper filing at a court follows the next working day rule and closes at 15:00, so file electronically if you are close to the limit.