Inadmitted, archived or withdrawn file: is it a refusal?

Terms used

• Inadmisión a trámite — Inadmisión a trámite is a decision not to examine your application because it fails a basic requirement.
• Archivo — Archivo is the closing of your file, for example when you do not fix defects in time.
• Desistimiento — Desistimiento is your own withdrawal of the application, or a withdrawal the authorities treat as made.
• Recurso de reposición — The recurso de reposición is an optional appeal to the same office that made the decision.
• Contencioso-administrativo — Contencioso-administrativo is the court route for challenging an administrative decision.

Key rules

• Not a refusal: Inadmission, archivo and desistimiento end a file without judging your case on the merits.
• Appeal deadlines: Deadlines run from notification, so check the appeal options stated in your resolution.
• Refiling: A fresh application starts from zero, and time in the old file normally does not count.
• Your stay: Keep a lawful stay while you prepare a new application.

Is it a refusal?

No. Inadmisión, archivo and desistimiento all end your file without a decision on the merits. A refusal (denegación) is a decision on the merits: the authorities looked at your case and said no. These three outcomes mean your case was never judged on its substance. That is why a clean refiling is often possible.

What each outcome means

• Inadmisión a trámite: your application was not examined because it failed a basic requirement. For example, it was filed by someone not entitled to apply, or it was manifestly unfounded.
• Archivo: the file was closed. This often happens when you do not fix defects, such as missing documents, within 10 working days of being asked.
• Desistimiento: you withdrew, or you are treated as having withdrawn. The procedure ends with no ruling on the merits.

Can you appeal?

Inadmission and archivo can be challenged like other administrative decisions. You have two routes:

• An optional recurso de reposición, filed within one month of notification.
• A court appeal (contencioso-administrativo), filed within two months of notification.

The deadlines run from the day you are notified. Check the appeal options written in the resolution itself.

A voluntary withdrawal is generally not appealed. It does not stop you from applying again.

How to restart

Because there is no decision on the merits, you can normally file a fresh application at any time, as long as you meet the requirements. First fix whatever caused the closure, for example by gathering the missing documents.

Appeal instead only if you think the inadmission or archivo was wrong. If the problem is simply a missing document, refiling is usually the simpler route.

A new filing is a new procedure with new dates. Time spent in the old file normally does not count. Any status tied to the old file may end, such as the extended validity of a card while a renewal was pending. Keep a lawful stay in the meantime.

If your stay is irregular, or sanction proceedings exist, refiling can be affected. Have an immigration lawyer check your case before you file.

The timeline, warnings and questions below cover the steps and common worries.

Timeline and deadlines

• File a fresh application after withdrawal, inadmission or archiving, once the defect is fixed: at any time, as a new procedure with new dates

What to watch out for

• Missing documents can close your file: If you do not fix defects within 10 working days, the file can be archived without anyone looking at the merits. You then have no permit decision at all. Reply to any request to fix the file inside the 10 working days, with every document asked for.

• Appeal clocks start at notification: An inadmission or archiving can be challenged, but the one-month and two-month deadlines run from the day you are notified. Waiting to see what happens can cost you the appeal. Read the appeal options in the resolution the day you receive it and decide quickly between appealing and refiling.

• Refiling starts from zero: A new application is a new procedure. Time in the old file normally does not count, and a status tied to it, like the extended validity of a card during a renewal, may end. Keep a lawful stay while you prepare the new filing, and fix the cause of the closure first.

• Withdrawing is not the same as being refused, but it is final for that file: Withdrawing ends the procedure without a ruling and does not stop you applying again. A voluntary withdrawal is generally not appealed, so you cannot undo it in that file. Withdraw only if you plan to refile, and check an irregular stay or sanction proceedings with an immigration lawyer first.

Frequently asked questions

Can I file a new application after my file was inadmitted, archived or withdrawn?

Yes, you can normally file a new application at any time, as long as you meet the requirements. No decision on the merits exists, so nothing blocks a fresh filing. Fix the problem that closed the file first, for example by supplying the missing documents.

Does the time in my old file count towards the new one?

No, time spent in the earlier file normally does not count, because a new filing starts a new procedure with new dates.

Should I appeal an inadmission or just refile?

Appeal if you think the inadmission was wrongly decided; refile if you can simply fix the defect and meet the requirements. A voluntary withdrawal is generally not appealed, so refiling is the usual route there.

What should I do about my stay while I prepare a new application?

Keep a lawful stay in the meantime. If your stay may have become irregular, see an immigration lawyer before refiling, since that can affect a new application.