My residence was refused: what to do and how to appeal

Receiving an unfavourable decision is frightening, but "my residence was refused and I don't know what to do" is one of the most frequent searches for a reason: there is almost always room to react. A refusal does not close the door forever. You have specific deadlines to appeal and, in many cases, the option to apply again fixing whatever went wrong. In this orientation guide we explain, step by step, what you can do after a refusal under the new Immigration Regulation (Royal Decree 1155/2024, in force since 20 May 2025).

My residence was refused: what to do in the first few days

The first thing is to read the full notification calmly, not just the word "refused". The decision includes two decisive pieces of information:

• The exact reason for the refusal (a missing document, insufficient economic means, criminal record, deadline, etc.).
• The appeal notice (pie de recurso): a final section stating which appeal is available, before which body and within what deadline. That section overrides any general advice.

Note down the date of notification, because the deadlines start counting from there. Missing a deadline is usually the most costly mistake, so act as soon as possible.

Internal review (recurso de reposición): one-month deadline

Most decisions by the Immigration Offices end the administrative route. In that case you can lodge an internal review (recurso de reposición), which is optional, before the same body that issued the decision. The deadline is one month from the day after notification, under articles 123 and 124 of Law 39/2015.

It is the fastest and cheapest route, and is especially advisable when the refusal is due to a correctable error or to documents you can now provide. If you lodge it, you must wait for it to be decided (or for the deadline to deem it dismissed) before going to court.

Court appeal (recurso contencioso-administrativo): two-month deadline

If you prefer not to go through the internal review, or if it is dismissed, you can go directly to the court appeal (recurso contencioso-administrativo) before the Administrative Courts. The general deadline is two months from notification (article 46 of Law 29/1998). On this route it is highly advisable to have a lawyer and a court agent (procurador).

If the refusal occurred by administrative silence (they did not reply within the deadline), the timeframes are calculated differently; review your specific case with a professional before giving the application up for lost.

Appeal or apply again? How to decide

Appealing is not always the most effective option. Sometimes it is better to submit a new application fixing the reason for the refusal, especially when a requirement was missing that you now meet (for example, more time of municipal registration or a better employment contract). Before deciding, confirm which route is genuinely right for you: the one you applied for may not have been the best for your situation.

To orient yourself, use our immigration route finder and answer a few questions about your case. If your refusal was on an arraigo (roots-based residence), review in detail the updated requirements for residence by social roots (arraigo social) or socio-labour roots (arraigo sociolaboral), since RD 1155/2024 changed deadlines and conditions. If the problem was on the work side, also compare the requirements for initial residence and work as an employee.

Common reasons for refusal (and how to tackle them)

• Incomplete or badly legalised documents: missing apostille or sworn translation of criminal records or foreign certificates.
• Insufficient economic means: not proving the level of income required for the route applied for.
• Criminal record: both in Spain and in countries of previous residence.
• Insufficient municipal registration or stay: not proving the minimum time in Spain required by the arraigo.
• Wrong route: having applied for a type of residence that does not fit your real situation.

Identifying the reason well is key, because it determines whether it is better for you to appeal, correct the error or change route.

Frequently asked questions

How long do I have to appeal if my residence was refused?

One month for the internal review (recurso de reposición) and two months for the court appeal (contencioso-administrativo), counted from the day after notification. Always check the appeal notice (pie de recurso) on your decision, which states the exact deadline for your case.

Can I apply for residence again after a refusal?

Yes. A refusal does not disqualify you: you can submit a new application, especially if you fix the reason that caused it or prove a requirement you did not meet before.

Do I need a lawyer to appeal a refusal?

For the internal review it is not compulsory, though it helps. For the court appeal you do need a lawyer and a court agent (procurador). In complex refusals it is highly advisable to get professional advice from the start.

What happens to my status while I appeal?

Appealing does not automatically regularise your stay. Your situation will depend on whether you had a previous valid authorisation or were on a first application. Assess the specific risks of your case with a professional.

Notice: this guide is for orientation only and does not replace personalised legal advice. The applicable rules are Royal Decree 1155/2024 and the administrative procedure legislation in force; deadlines and requirements may vary depending on your specific case and the appeal notice on your decision. Faced with a refusal, consult an immigration lawyer or the official guidance services.