Your citizenship application was refused: your options

Terms used

• Recurso de reposición — The recurso de reposición is an optional first appeal to the same body that issued the refusal.
• Recurso contencioso-administrativo — The recurso contencioso-administrativo is a court appeal against an administrative decision.
• Audiencia Nacional — The Audiencia Nacional is the national court in Madrid that hears these appeals.
• Procurador — The procurador is the court representative who files documents for you, working alongside your lawyer.
• CCSE — The CCSE is the Spanish constitutional and sociocultural knowledge test.
• DELE A2 — The DELE A2 is the official Spanish language exam at basic level.
• Justicia gratuita — Justicia gratuita is free legal aid for people whose income is below set limits.

Key rules

• Court deadline: You have two months from the day after notification of an express refusal to go to court, or one month for an optional reposición appeal first.
• Court: The court appeal goes to the Audiencia Nacional in Madrid, unless your letter names another court.
• Reapplying: No legal waiting period applies, but fix the cause of the refusal first.
• Representation: For the court appeal you need a procurador and a lawyer, unless you qualify for free legal aid.

Start with the refusal letter

Your refusal letter names the ground and ends with appeal advice. That advice tells you which body and which court apply to you. Note the date you were notified, because every deadline counts from it.

Why applications are refused

Nationality by residence needs legal, continuous residence immediately before you apply. The period depends on your nationality or category. It is 10 years in general, 5 for refugees, 2 for nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea and Portugal, and 1 for people married to a Spaniard, widowed or born in Spain. You must also show good civic conduct and sufficient integration into Spanish society.

Typical grounds are:

• Residence that is too short or was interrupted.
• A criminal record or pending offences.
• Failing the CCSE or DELE A2 tests, or not proving you passed them.
• Missing documents, or not answering a request for them.
• Weak proof of integration.
• Public-order concerns.

Your two routes

You can challenge the refusal, or fix the problem and apply again. You can also do both.

Administrative route. The refusal ends the administrative process. You may file an optional recurso de reposición with the body that issued it. You have one month from notification. That body has one month to answer, and silence counts as a refusal.

Court route. You can go straight to court, or go after the reposición. The appeal is a recurso contencioso-administrativo before the Audiencia Nacional in Madrid, in its administrative chamber. You have two months from the day after notification of an express refusal, or one month for an optional reposición appeal first. If you filed a reposición, the two months run from its resolution. If the Ministry never answered, you have six months after silence is deemed to apply. Confirm the court named in your letter.

Do you need a lawyer?

For the court appeal you normally need a procurador and a lawyer. A party who is a lawyer can appear alone. If your income is low, you can ask for free legal aid (justicia gratuita).

Applying again

No waiting period applies after a refusal. You can file a new application straight away if you still meet the residence, civic conduct and integration requirements. Fix the cause first, such as an incomplete file, a missing test result or too little residence time. A new application does not need an appeal, and it can run alongside one. The earlier refusal may still be cited against you.

How to choose

Appeal if you think the authorities got it wrong on the facts or the law you met. Reapply if the refusal was for something you can now put right. The decision, timeline and checklist below help you apply this to your case.

Appeal, reapply or wait after a refusal or long silence

Appeal, reapply or wait

After a refusal or a long silence, should you appeal, reapply or wait?

• Appeal to court: Choose this if you believe the refusal was wrong and you still meet the residence, civic conduct and integration requirements. You have two months from the day after notification of an express refusal to go to court, or one month for an optional reposición appeal first. Expect one to two years to a judgment. Individuals pay no court fee, but lawyer and procurador fees vary widely.

• File a new application: Choose this if the refusal was for something you can fix, such as too little legal residence, a failed or missing CCSE or DELE A2 test, or missing documents. There is no waiting period, and you can reapply right away or while an appeal runs. Budget for the application fee (about 104 euros in 2024), the CCSE exam (85 euros in 2024), the DELE A2 exam (about 124 euros, not needed for nationals of Spanish-speaking countries) and certificates.

• Keep waiting: Choose this if you have had no answer and no express refusal. The Ministry has one year to decide a nationality application, and if it does not, the silence counts as a refusal. Files often take one to two years in practice. Waiting costs nothing, but the court deadline for an express refusal keeps running once you are notified.

If the refusal rests on a problem you cannot fix, such as a wrongly assessed record, appeal. If it rests on a gap you can fix, such as residence time, tests or documents, reapply. If you have received no written decision, keep waiting and check your file.

Court timing, lawyer fees and exam fees change; check current figures with a lawyer, your bar association, the Ministry of Justice and Instituto Cervantes.

Timeline and deadlines

• Read the appeal advice at the end of the refusal letter and note the date you were notified: as soon as you receive the refusal

• File the optional recurso de reposición with the body that issued the refusal: within one month of notification

• Wait for the answer to the reposición; no answer after one month counts as a refusal: one month after you file

• File the court appeal after a reposición, counting from its resolution: within two months of the reposición resolution

Documents you need

• Proof that you passed the CCSE (Spanish culture test) and the DELE A2 (Spanish language test), unless you are exempt.

• Proof of good civic conduct, for example a clean criminal record with no pending offences.

• Proof of sufficient integration into Spanish society.

• Proof of legal, continuous residence for the whole period that applies to your nationality or category.

Checklist

• Read the refusal and write down the ground given, such as short residence, a criminal record, failed tests or missing documents.

• Find the appeal advice at the end of the letter and note which body and court it names.

• Decide whether to file the optional reposición first or go straight to the Audiencia Nacional.

• Fix the cause of the refusal, such as an incomplete file or a missing test result, before you file again.

• Confirm you still meet the residence, civic conduct and integration requirements before a new application.

What to watch out for

• Missing the appeal deadline: If the deadline passes, you lose the right to go to court. You have two months from the day after notification of an express refusal, or one month for the optional reposición first. Note the notification date today and count the last day as the deadline.

• Going to the wrong court: A court appeal filed in the wrong place can cost you time you do not have. The appeal is normally heard by the Audiencia Nacional in Madrid, but some acts go elsewhere. Use the court named in the appeal advice of your refusal letter.

• Filing again without fixing the problem: A new application with the same gap is likely to be refused again. Typical gaps are interrupted residence, a criminal record, failed or unproven CCSE or DELE A2 tests, and missing documents. Correct the cause of the refusal first, then file the new application.

Frequently asked questions

Do I need a lawyer to appeal a nationality refusal in court?

Yes, you need a lawyer and a procurador (a court representative who files papers for you) to appeal before the Audiencia Nacional. The exception is a party who is a lawyer, who can appear on their own behalf.

Can I file a new application while my appeal is still running?

Yes, a new application does not depend on an appeal and can run in parallel with it. There is no waiting period after a refusal. If the earlier decision is final, it may still be cited against you.

What should I fix before filing a new application after a refusal?

Fix whatever caused the refusal first, because a new application with the same gap is likely to fail again. Typical causes are an incomplete file, too little legal residence, or CCSE (Spanish culture test) or DELE A2 (Spanish language test) results you did not prove.