01What it is and who it is for
When an immigration office (Oficina de Extranjería), a Government Delegation or Sub-delegation, or a Spanish consulate refuses a permit or visa, the decision must state which remedies are available, before which body and within what time limit. Deadlines are short and run from the day after notification. If they are missed, the decision becomes final and the only option is usually to start again.
Under the Immigration Regulation (Royal Decree 1155/2024), decisions on visas, extensions of stay, residence and work permits, sanctions and removal orders end the administrative stage. You may ask the same authority to reconsider (recurso potestativo de reposición) or go straight to the administrative courts (recurso contencioso-administrativo). Some other decisions, such as those of the immigration office in the Withdrawal Agreement TIE procedure for UK nationals, are not final and are challenged by a hierarchical appeal (recurso de alzada) to the higher authority.
This page also covers sanction proceedings: fines and removal (expulsion) orders. Here the priority is to answer the notice opening the proceedings in time, because that is when evidence of your ties, family or work in Spain must be put forward.
02Requirements
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03Documents
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04How we handle it online
- Reading the decision
We calculate the exact deadline, identify the real reason for the refusal and check whether the decision was properly reasoned and notified.
- Appeal or reapply
If the problem was a missing document that you now have, a fresh application is sometimes quicker. If the authority got the assessment wrong, an appeal protects your position. We explain both options.
- Administrative appeal
We draft the reconsideration request or hierarchical appeal with supporting evidence and file it electronically. Reconsideration must be decided within one month, a hierarchical appeal within three. If there is no answer, it is treated as dismissed and the court route opens.
- Court challenge
We bring the claim before the administrative court (Juzgado de lo Contencioso-Administrativo) or the competent High Court. Filing is electronic and many cases are decided on written submissions.
- Interim measures
If enforcement could cause irreparable harm, as with removal, we ask for suspension. In cases of special urgency the judge can decide within two days without first hearing the authority.
- Enforcement
If we win, we make sure the authority complies: that the permit is granted or the file closed, and that your TIE is issued.
05Timescales and validity
Reconsideration (reposición): one month from notification, filed with the authority that took the decision, which must answer within one month. While it is pending you cannot go to court.
Hierarchical appeal (alzada): one month, to the higher authority, where the decision does not end the administrative stage. It must be decided within three months. After that, only a court challenge remains.
Court challenge: two months from notification of the express decision, or of the decision on reconsideration. Immigration decisions of Government Delegations and Sub-delegations are heard by the local administrative courts.
Administrative silence: most immigration applications must be decided within three months; with no answer they are treated as refused. Extensions and renewals of residence, renewals of work authorisation and long-term residence applications work the other way: with no answer in three months, they are treated as granted. Against a refusal by silence, case law allows a challenge while the authority has not decided, although it is better not to wait.
Removal proceedings: in the ordinary procedure you have fifteen days to respond to the notice opening the case; in the fast-track (preferente) procedure, forty-eight hours. A removal order in the ordinary procedure sets a voluntary departure period of seven to thirty days. Removal carries a re-entry ban of up to five years, or up to ten in serious cases.
06Do I need to attend anything in person?
Administrative and court appeals are filed electronically and you do not need to attend any office, nor usually the court. Your presence may be needed if the judge holds an oral hearing with your evidence, or in removal cases involving detention. If an appeal against a visa refusal succeeds, you will still need to attend the consulate for the visa to be issued.
07Common mistakes and reasons for refusal
- Miscounting the deadline. An electronic notification is deemed served ten calendar days after it is made available, even if you never open it.
- Appealing by simply repeating the application instead of answering the specific reason for refusal.
- Filing for reconsideration and going to court at the same time: you must wait for the reconsideration to be decided or treated as dismissed.
- Not asking for interim measures against a removal order. An appeal on its own does not suspend enforcement.
- Ignoring the notice opening sanction proceedings. In the fast-track procedure that notice becomes the proposed decision if you do not respond.
- Reapplying with the same defect, which simply leads to a second refusal.
08Frequently asked questions
Should I appeal or reapply?
It depends on the reason. If you were refused for a document you did not provide and you now have it, a new application is often faster. If the authority misjudged your file, or the passage of time would harm a new application, an appeal is usually better. We review the decision and give you a specific recommendation.
Do I have to ask for reconsideration before going to court?
No. It is optional. It can be useful when the error is clear and easy to correct, as it is quicker and involves no court costs. If the authority is applying a policy that only a judge will change, it is usually better to go straight to court.
My visa was refused by the Spanish consulate. Can I appeal?
Yes. You may ask the consulate to reconsider within one month, or bring a court challenge within two months, usually before the High Court of Justice of Madrid. Refusals of family reunification, employment, short-stay and transit visas must give reasons; a decision without reasons is itself a ground of appeal.
Removal proceedings have been opened against me. What should I do?
Contact a lawyer immediately. In the fast-track procedure you have only forty-eight hours to respond, and fifteen days in the ordinary procedure. This is when you must show your ties in Spain, your family here or a pending residence application. The penalty may be a fine or removal, depending on the case, never both.
Does an appeal stop a removal order?
Not automatically. Suspension must be requested expressly, from the authority or from the judge as an interim measure. In urgent cases an emergency measure can be requested, which the judge decides within two days.
It has been more than three months with no reply. What does that mean?
For most procedures, the application is treated as refused by silence and can be challenged. For renewals and long-term residence, silence works in your favour: the application is treated as granted and you can request a certificate confirming it, and then the TIE. We review your case before acting.
What is the financial risk of going to court?
At first instance, the losing party can be ordered to pay the other side's legal costs, although judges often cap the amount. We explain this before you start, together with a realistic view of your chances.
Can I appeal from outside Spain?
Yes. We file electronically as your representatives. Spanish immigration law also allows appeals to be lodged through a Spanish embassy or consulate.
09Legal basis
- Law 39/2015, articles 24, 112, 117 and 121 to 125 (silence, administrative appeals, suspension)
- Law 29/1998 on the administrative courts, articles 8.4, 46 and 129 to 136 (jurisdiction, time limits and interim measures)
- Organic Law 4/2000, articles 27.6, 53, 57, 58, 63, 63 bis and 65, and first additional provision
- Royal Decree 1155/2024, ninth additional provision and articles 227, 231 and 234 (sanction procedure)
Information reviewed on 03.10.2026 against the law in force. This page is for general information and is not a substitute for advice on your own case.