Quick Summary
| Appeal Deadline | Depends on the decision and available appeal; check the notice |
| Recurso de Reposicion | Optional reposición where available: 1 month for an express decision |
| Contencioso-Administrativo | Judicial review: generally 2 months for an express decision ending the administrative route |
| Success Rate | Case-specific assessment; no guaranteed outcome |
| Cost | Varies by complexity |
| Timeline | Reposición: 1-month statutory decision period; actual timing varies |
If your visa application, residence permit renewal, or citizenship application has been denied, you have the right to appeal. The Spanish legal system provides several avenues to challenge adverse immigration decisions. The available appeal, deadline and competent authority depend on the decision and procedure; review the refusal notice before choosing a route.
Common Reasons for Denial
- Insufficient documentation (missing or improperly translated)
- Inadequate income or financial means
- Criminal record concerns
- Health insurance lacking full coverage
- Previous overstay in the Schengen Area
- Suspicion of intent to work (on non-work visas)
Types of Appeals
Not every refusal is subject to reposición. If a decision does not end the administrative route, an appeal to the higher administrative authority (recurso de alzada) may be the applicable route under Articles 121 and 122 of Law 39/2015. Check the notice and the specific procedure.
Recurso de Reposicion (Reconsideration Appeal)
Where available against an act ending the administrative route, reposición is an optional appeal to the same authority. For an express decision, the filing period is one month, calculated from the day after notification; it is not a fixed 30-day period. An alternative is direct judicial review. If reposición is chosen, judicial proceedings must wait until it is expressly resolved or deemed dismissed. For a non-express act, different filing rules apply; do not assume the express-decision deadline applies to silence.
Contencioso-Administrativo (Judicial Review)
An express decision ending the administrative route can generally be challenged directly in court within two months from the day after notification, without first filing reposición. After reposición, the timing depends on its resolution and the applicable rules. Do not apply an automatic two-month deadline to every silence case. The competent court and representation requirements depend on the decision and proceedings; not all immigration cases belong to the same court.
Why Elena Mochales?
Elena Mochales provides legal assistance with immigration appeals, including review of the refusal, evidence and available administrative or judicial route. The appropriate strategy depends on the case; representation does not guarantee a successful outcome.
Legal basis: Law 39/2015, Articles 123–124, Article 24 on silence, Article 117 on suspension, and LJCA, Article 46.
Frequently Asked Questions
How long does an immigration appeal take?
For a recurso de reposición, the statutory maximum to issue and notify a decision is one month under Article 124.2 of Law 39/2015. This is not a promise of actual processing time. Reposición is generally deemed dismissed if no decision is notified within the applicable period, under Article 24; check procedural suspensions and notifications before relying on silence. Judicial proceedings have no universal processing time stated here.
What are my chances of success?
The prospects depend on the refusal grounds, evidence and applicable law. Legal representation does not guarantee that a decision will be overturned; an individual assessment is needed.
Can I stay in Spain while my appeal is pending?
Filing an appeal does not normally suspend the challenged decision, and neither an appeal nor a request for suspension automatically grants residence or work rights. Suspension may be available under the applicable rules, including the specific effects of an unanswered suspension request under Article 117.3 of Law 39/2015. Any existing authorisation and the scope of an administrative or judicial interim measure must be assessed separately.
Legal information
This content is for informational purposes only and does not constitute legal advice. Each case is unique. Consult with a qualified immigration lawyer for advice tailored to your situation.