Spanish residence permit refused: appeal within a month or apply again
An appeal filed on time, or a new application without the reason for the earlier refusal
- Time1 month for a reposición or alzada appeal, 2 months for a court claim, counted from the day after notification
- Checked6 Oct 2026
This fits you if a Spanish consulate or a provincial immigration office (extranjería) refused you a visa, a residence permit or a renewal. It also fits a refusal by UGE (Unidad de Grandes Empresas), the unit for Ley 14/2013 permits. It does not fit a case where you already held a residence permit and it is being terminated: that is a termination procedure (extinción) with its own rules.
Prepare in advance
- Find the notification date: the one-month deadline starts the next day and ends on the same date a month later; if the last day is a non-working day, it moves to the next working day.
- Read the end of the decision: it must state which appeal you can file, where and by when.
Documents tick what you already have
Steps
-
1
Find out who refused you #
The type of appeal depends on the body. A consulate decides on visas. Extranjería, the Delegación or Subdelegación del Gobierno, decides on general-regime permits. UGE decides on digital nomad, startup, highly qualified and other Ley 14/2013 permits. Decisions of consulates and extranjería end the administrative channel (vía administrativa).
RD 1155/2024, additional provision 9 (BOE) ↗ -
2
Check your departure deadline #
A refusal of a residence permit or a renewal received in Spain includes an obligation to leave: within the period stated in the decision, 15 days at most; in exceptional circumstances and with sufficient funds, up to 90. If you leave on time, you do not get an entry ban. A refusal to admit the application for processing (inadmisión) does not require you to leave.
RD 1155/2024, article 24 (BOE) ↗ -
3
Extranjería refusal: appeal or go straight to court #
An appeal for reconsideration (recurso de reposición) goes to the same body within a month, and it is optional. The answer comes within a month; silence means refusal. While the appeal is pending, you cannot go to court. Alternatively, you can file a claim with the administrative court (recurso contencioso-administrativo) straight away, within 2 months.
Ley 39/2015, articles 123–124 (BOE) ↗ -
4
UGE refusal: alzada appeal #
Against UGE decisions you file an appeal to a higher authority (recurso de alzada) within a month, either with the body that issued the decision or with the body that reviews it. The answer comes within 3 months; silence means refusal. After the alzada, you can go to court. If a representative files and the UGE portal does not let them file on your behalf or shows an error, file the alzada through the Registro Electrónico General (REC), the general electronic register: the law allows any electronic register of the administration (art. 16.4 of Ley 39/2015). Address it to the body named in the decision, attach the power of attorney and save the justificante (receipt) with the filing date.
Ley 14/2013, article 76 (BOE) ↗ -
5
Visa refused by a consulate: appeal to the consulate #
The recurso de reposición goes to the consulate where you applied for the visa, within a month. An e-mail to the consulate's address does not count as an appeal. The answer comes within a month; silence means refusal. Instead of appealing, you can go straight to court within 2 months.
Consulate General of Spain in Tangier: visa appeals ↗ -
6
Ask for the decision to be suspended #
An appeal does not by itself suspend the decision. Put a request for suspension in the same appeal; if there is no answer to it within a month, enforcement is deemed suspended.
Ley 39/2015, article 117 (BOE) ↗ -
7
Or apply again after removing the reason #
If the reason can be removed (you have more years of experience, your income has grown, you now have the right insurance), file a new application. With the same circumstances, it will not be admitted for processing.
Ley Orgánica 4/2000, additional provision 4 (BOE) ↗ -
8
File a court claim within 2 months #
The deadline is 2 months from the day after notification of the decision or of the answer to your appeal. In court you need a lawyer, and before a court with several judges, also a procurador (court representative).
Ley 29/1998, article 46 (BOE) ↗
Depends on the province
Claims against extranjería decisions are heard by the provincial administrative courts (Juzgados de lo Contencioso-Administrativo); the exact court and deadline are stated at the end of the decision.
Common mistakes
- Appealing with the same documents. Without new arguments and evidence for each reason, the refusal is usually repeated.
- Waiting for the appeal answer and not leaving on time. An appeal does not suspend the decision: suspension has to be requested separately.
- Filing the same application again. If the circumstances have not changed, it will not be admitted for processing.
When not to do it yourself
If the refusal is based on a criminal record, an entry in the Schengen Information System or “false information”, do not appeal without a lawyer: here legal arguments decide the outcome, not just documents.
More in the journal
- Spanish residence permit refused in 2026: digital nomad and other grounds — reasons, what to do and how to appeal
- Cancellation of a residence permit in Spain in 2026: reasons, appeal and whether it can be restored
- UGE silence in Spain: what to do if there is no decision after 20 days
- Mercurio: how to apply for a Spanish residence permit online
Checked 6 Oct 2026 against official sources — links next to every step. Rules in Spain change; if something does not match, let us know. All guides are on the Guides page.
Relotus · https://relotus-relocation.com/en/guides/residence-permit-refusal/