Appeals
You have been refused. What can be done
A refusal is not always the end, but it does start a clock. The deadlines to appeal are short and cannot be extended, so the first job is to read the decision properly and decide quickly with a clear head.
When someone arrives with a refusal, the first conversation is not about appealing. It is about reading. The specific ground stated in the decision determines entirely whether appealing is worth it, whether reapplying is better, or whether you simply need to gather something that is missing and wait.
The three options
- 01
Administrative appeal
To the same body that issued the decision, or to a higher one depending on the case. It is the fastest route and carries no court fees, and it makes sense when the error is identifiable and demonstrable: a document that was in fact filed, a miscalculation, a requirement wrongly applied.
- 02
Court review
Before the administrative courts. Slower and with a cost, but the route with real power to review the substance when the administration holds its position. It requires a lawyer and a court representative, and it is worth entering knowing what you are after and what the odds are.
- 03
A fresh application
Often the most sensible option, and the one least often proposed. If the refusal turns on a requirement you can now evidence, refiling properly is usually faster and safer than an appeal with little prospect. It is not giving up: it is choosing the route most likely to work.
When appealing is worth it
Our honest answer is: not always. A badly framed appeal consumes months and money to arrive at the same place. We see clear prospects when the refusal rests on a material error, when documents that were filed were not assessed, when the ground relied on does not hold up under the applicable rules, or when personal or family circumstances the administration was obliged to weigh were ignored.
And we say it the other way round too: if we think an appeal has little prospect, we will tell you before charging you to file it. We would rather lose that instruction than charge you for an expectation we cannot meet.
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Frequently asked questions
What does appealing cost?
An administrative appeal has no court fees and costs only professional charges. Court review involves additional costs, including a court representative, and there is a possibility of costs being awarded. We give you a fixed quote before starting and, more importantly, tell you whether we think it is justified in your case.
I have not received notification but I know I was refused. What do I do?
We need to establish how and when service was effected, because that determines both the deadline you have and whether service was valid at all. Defective service can create room where there appeared to be none. It is one of the first things we check.
Can I stay in Spain while I appeal?
Appealing does not by itself regularise your status, and that is a common and dangerous misunderstanding. In certain cases you can apply for a stay of execution of the decision, which does have significant practical effect. It depends on the type of decision and must be assessed from the outset, not weeks later.
More than two months have passed since the refusal. Is that it?
The ordinary appeal route will be closed, but that does not mean nothing remains. There are review procedures and, very often, the most practical way forward is a fresh application through whichever route now fits your situation. Missing a deadline does not put you outside the system forever.