Refusal of a residence permit

For those who have received a refusal of a residence permit and want to appeal against it.

Appealing against a refusal

The Spanish authorities are very strict when granting residence permits, above all when not every requirement is met, and a considerable share of applications ends in refusal. These decisions can be appealed: the case is analysed, the options are assessed and the appeal for reconsideration (recurso de reposición) or the administrative appeal (recurso de alzada) is drafted for filing with the Immigration Office.

The analysis of the case is decisive: an administrative appeal is decided by the same office that refused the permit, so the chances of a favourable decision are slim, and it must be established whether the authorities really erred when deciding.

Benefits of an administrative appeal

As a general rule it is quicker than filing a new residence and work application from scratch.
The documentation filed at the time does not need to be updated.
The administrative fees are not paid again.
The residence application remains in progress while the authorities' decision is disputed.

Requirements

One month, from receipt of the decision, to file the administrative appeal (recurso de alzada) or the appeal for reconsideration (recurso de reposición).
Drafting the pleadings and providing the relevant evidence to rebut the Immigration Office's decision.
It can be filed in person or through an authorised professional.
It is worth assessing beforehand whether the documentation provided was correct and whether the authorities really made a mistake when deciding.

What the service includes

Initial study and advice throughout the process; drafting of the administrative appeal and review of the documentation filed and of any new documentation considered; appearance and filing of the appeal by representation before the Immigration Office; receipt of the reply, whether tacit or express. It does not include the cost of translations or other professionals, or obtaining foreign documents.

The appeal for reconsideration

It is filed against unfavourable decisions by the immigration offices: the refusal of a residence and work authorisation or of social arraigo, of a residence card for the family member of an EU citizen or of a renewal, and also against a decision ordering expulsion from Spanish territory.

How it is drafted

It is a relatively simple document with six essential elements:

Addressed to the same body that refused the application or imposed the penalty.
With the file reference number, to make it easy to locate.
Identification in the first paragraph: name, surname, NIE or passport (or both) and an address for notifications.
A statement of the facts and of the reasons why the refusal or the penalty is not in accordance with the law, indicating where the authorities erred; if there are several reasons, in numbered paragraphs (FIRST, SECOND, THIRD, and so on).
The request: a concise statement asking for the appeal to be upheld and for the permit to be granted or the penalty to be dropped.
Place, date and signature of the appellant.

Advantages and drawbacks

Advantage: a lawyer is not required to file it, although it is often best to leave it in the hands of a professional, who knows the law and how to highlight the Immigration Office's error.
Advantage: it is filed with the same immigration office that refused the permit or with the body that imposed the penalty.
Drawback: it is decided by the same authority that refused the application or opened the penalty proceedings, and the vast majority of appeals for reconsideration confirm the decision appealed against.
Drawback: the time taken to decide varies by office: some small cities reply within a month; large offices can take up to six months.

A specialist lawyer

Before simply filing an appeal and wasting time, turning to a professional is a sound investment: they will know with near certainty whether the appeal will succeed and whether an administrative appeal is advisable, whether to go straight to the courts or whether to start the application again on a stronger footing.