Skip to content

We're a private service, not a government office

We speak español, English, català, français, 中文

Menu

Appeal for reconsideration (“appealing a refusal”)

Official name: Optional appeal for reconsideration (Recurso potestativo de reposición, Law 39/2015 of 1 October, arts. 112, 123 and 124)

From€540VAT included

No government fee. · Estimated total cost: Between €540 and €790

See the price breakdown

If an authorisation has been refused, you can ask the same authority to review its decision: this is the appeal for reconsideration (recurso potestativo de reposición). You have 1 month from the day after the notification, if the decision is explicit. We prepare the written appeal and the documents. The court route, the contentious-administrative appeal, requires a lawyer: we do not handle it.

In short

Who it is for
People with an unfavourable immigration decision, for example a refusal, who want it reviewed.
Duration
1 month to file it if the decision is explicit. The authorities have 1 month to decide it (Law 39/2015, art. 124).
Can I work?
Appealing does not on its own give you permission to work: the decision remains in effect unless it is suspended (Law 39/2015, art. 117).
Where to apply
To the same body that issued the decision (Law 39/2015, art. 123.1). It is stated at the foot of the decision.
Message us on WhatsApp
Tell us about your situation

To talk about your case, at any time (24 hours). Please don't send documents on WhatsApp: if we need any, we'll give you a secure way to send them.

Is this your procedure?

It is for you if…

  • You have been refused a residence authorisation, an extension, a renewal or a change.
  • You have been notified of another decision that ends your application and you disagree with the reason.
  • You applied for an authorisation and the legal time limit passed with no answer (negative administrative silence).
  • Your application in the 2026 extraordinary regularisation was refused.

It is not for you if…

  • You have received a request for more information (requerimiento: they ask for documents within a time limit): you do not appeal it, you answer it within the time limit stated.

  • An appeal for reconsideration has already been decided: there is no further appeal for reconsideration against that answer (art. 124.3).

  • More than 1 month has passed since an explicit decision: reconsideration is no longer possible and, except in exceptional cases, only the court route remains (art. 124.1), which requires a lawyer.

  • You want to go to court (contentious-administrative appeal): you need a lawyer and, before collegiate courts, also a court representative (procurador) (art. 23 of the Law on Contentious-Administrative Jurisdiction, LJCA). We do not handle the court route.

  • Asylum or international protection: we do not handle it. We recommend a specialised organisation or a lawyer.

If you were looking for…

«hierarchical appeal (recurso de alzada)»
In immigration matters, decisions on visas, extensions of stay and residence and work authorisations end the administrative route (additional provision 9 of the Regulation). That is why a hierarchical appeal is not possible: what is possible is reconsideration or going directly to court.
«contentious appeal (recurso contencioso)»
It is the court route. It requires a lawyer (LJCA, art. 23). We do not handle it.
«appeal for reconsideration template»
There is no compulsory form. The law requires some minimum details: who is appealing, which decision, why, to which body, place, date and signature (art. 115.1). If the appeal is given a different name by mistake, it is processed anyway (art. 115.2).

What we do

  • We review the decision and your file, and explain the reason for the refusal and which documents may support the appeal.
  • We tell you which documents are needed and the fixed price before we start.
  • We prepare the written appeal and organise the documents that go with it.
  • We explain where and how it is submitted, and we follow it up until there is an answer.

What we do not do

  • The court route. The contentious-administrative appeal requires a lawyer (LJCA, art. 23). It is a separate service that we do not provide. If your case is going to need it, we tell you clearly and in good time so that you can find a lawyer.
  • Asylum and international protection. We do not handle them.
  • Promise the outcome. The decision always belongs to the authorities.

Not sure who does what? See the guide on who does what in immigration matters. We’re a private service, not a government office.

Please don’t send documents on WhatsApp. If we need any, we’ll give you a secure way to send them.

Requirements

  • The decision must end the administrative route. In immigration matters, decisions on visas, extensions of stay and residence and work authorisations do. Decisions refusing entry and on return do not.

    Law 39/2015, art. 123.1; RD 1155/2024, additional provision 9

  • File it within 1 month, counted from the day after the notification, if the decision is explicit. If you got no answer (silence), at any time from the day after the silence takes effect.

    Law 39/2015, arts. 30.4 and 124.1

  • Address it to the same body that issued the decision.

    Law 39/2015, art. 123.1

  • A written document with your name and identification, the decision you are appealing and why, the body it is addressed to, the place, the date, your signature and where you want to receive notifications.

    Law 39/2015, art. 115.1

  • Explain why the decision does not comply with the rules (grounds for nullity or voidability).

    Law 39/2015, art. 112.1 (arts. 47 and 48)

  • If someone else represents you, prove that representation.

    Law 39/2015, art. 5.3

Documents

Guide list only. Before we start, we tell you exactly which ones you need in your case.

  • The decision you are appealing and its notification, with the date.
  • What you submitted with your application.
  • Any requests for more information you received and your answers, if there were any.
  • The documents that prove what you argue in the appeal.
  • Your identity document, NIE (foreigner identity number) or passport, to identify yourself in the appeal.

Please don't send documents on WhatsApp or by email. If we need any, we'll give you a secure way to send them.

Deadlines

To file it
1 month, from date to date, from the day after the notification (art. 30.4). Example: if you were notified on 5 March, the last day is 5 April. If that day is a non-working day, it moves to the next working day (art. 30.5).
To decide it
The authorities have 1 month (art. 124.2). If they do not reply, the appeal is deemed dismissed (art. 24.1) and the court route opens.
If it is dismissed
There is no further appeal for reconsideration (art. 124.3). To go to court you have 2 months from the day after the notification of the explicit decision on the appeal (LJCA, art. 46.1 and 46.4). Talk to a lawyer in good time.

How we work

  1. 1. You tell us about your situation

    On WhatsApp, by phone or with the form. A few lines are enough.

  2. 2. We tell you which procedure, which documents and what it costs

    Before we start, with a fixed price and government fees on top. If it isn't the right procedure for you, we tell you.

  3. 3. We prepare your application file

    We review your documents and make sure the file is complete and well explained. Once we have everything, we tell you the date it will be ready.

    Online submission on your behalf when the procedure allows it.

  4. 4. Follow-up and an update on every development

    We follow your file until the decision. If the authorities ask for anything else, we prepare it with you.

Fingerprinting for the TIE is done in person, by you: that part is yours.

In Barcelona and Catalonia

Whether you live in Barcelona or in another province, the appeal goes to the body that signed the decision. The foot of the decision states the appeals available, the body and the time limit (Law 39/2015, art. 88.3).

Immigration in Barcelona: offices and data for the province

Frequently asked questions

How long do I have to appeal?

1 month from the day after the notification, if the decision is explicit (art. 124.1). If you got no answer (silence), you can appeal at any time from the day after the silence takes effect.

Do I need a lawyer for the appeal for reconsideration?

The law does not require one for the administrative route. It does require one for the court route, the contentious-administrative appeal (LJCA, art. 23), which we do not handle.

Can appealing make my situation worse?

No. When deciding the appeal, the authorities cannot make your initial situation worse (art. 119.3).

Can I provide new documents?

Yes, with one limit: documents you could have provided at the hearing stage (trámite de alegaciones) and did not are not taken into account (art. 118.1). We go through with you what makes sense to provide.

While it is being decided, what happens to my situation?

Appealing does not on its own suspend the decision (art. 117.1). In some cases you can request a suspension, for example if carrying it out would cause harm that is impossible or difficult to repair (art. 117.2). Tell us about your situation.

Is it worth appealing?

It depends on the reason for the refusal and on what can be proved. The decision belongs to the authorities, and we cannot tell you the answer in advance. What depends on us is preparing a complete appeal, well organised and clearly explained.

My extraordinary regularisation was refused. Who does the appeal go to?

To the same body that decided. In the regularisation, the body responsible for deciding was the Directorate-General for Migration Management (Dirección General de Gestión Migratoria) (additional provisions 20.6 and 21.6 of the Regulation). Check the foot of your decision.

How much does it cost?

The price, VAT included, is on this page. It is a “from” price because it depends on the amount of documents to review and prepare. We give you the fixed price before we start. The appeal for reconsideration has no government fee.

Review and sources

Written with the help of AI and reviewed by the Un Papel Menos team on 13 October 2026.

Last updated: .

Legislation

Sources

Related procedures

Arraigo

Residence authorisation for people who already live in Spain and have work, family or training ties here.

Residence renewal

If your work, family reunification or non-lucrative residence is about to expire: renewal of the authorisation and a new TIE.

€245VAT included · government fees not included

Extraordinary arraigo

For people who already have the authorisation from the 2026 extraordinary regularisation and must decide what to apply for before it expires.

Fixed price before we start

Arraigo extension

To apply for 1 more year of your socio-labour, social, second-chance or socio-training arraigo before it expires.

Fixed price before we start

Tell us about your situation

Before we start, we tell you which procedure fits your situation and what it costs.

Or, if you prefer:

Step 1 of 2 · What do you need?

What do you need?
Your contact details

Your first name is enough.

Only to reply to you about your case. If your number is from another country, change the +34.

Controller: the owner of Un Papel Menos (their details are in the legal notice).

Purpose: to reply to you about your procedure. Legal basis: your request.

Your rights: access, rectification, erasure and the other rights the law gives you.

Privacy policy

We're a private service, not a government office.