What to look for in the notification
Every notification must state: the full text of the decision, whether it ends the administrative route (vía administrativa), which appeals (recursos) are possible, the authority and the deadline (Ley 39/2015, art. 40). This is the "pie de recurso" section. Decisions on residence and work permits taken by the ministries, the Delegado and the Subdelegado del Gobierno (the central government's representatives in a region and a province) end the administrative route, and the administrative and judicial appeals set by law can be filed against them (RD 1155/2024, disposición adicional novena). There is one exception: a refusal of entry and a return order (denegación de entrada y devolución) do not end the administrative route. If the refusal is not on the merits but the file was closed (desistimiento, caducidad), see the page what to do if you were refused.
Route one: recurso de reposición
This is an optional (potestativo) appeal. It is filed with the same authority that made the decision (Ley 39/2015, art. 123). The deadline is one month if the decision is express, meaning it was given in writing (art. 124). The authority must answer within a month. Until it answers, you cannot go to court, except where there is no answer and the appeal is treated as rejected by silence (arts. 123.2 and 124). The text must state the applicant's details, the decision being challenged and the reasons, the authority, the date and the signature, and an address for notifications (art. 115). A mistake in the name of the appeal does not prevent it from being examined if its content makes clear what kind of appeal it is (art. 115.2).
You cannot file a second recurso de reposición against the answer to a reposición (art. 124.3).
Route two: court (recurso contencioso-administrativo)
You can go to court straight away, skipping reposición. The deadline is two months from the day after the notification of the decision that ends the administrative route (Ley 29/1998, art. 46). If you filed a reposición first, the period runs from notification of the answer or from the moment the appeal is treated as rejected by silence (art. 46.4). August does not count towards the deadline for going to court (art. 128.2). In cases concerning foreigners, decisions of the state administration bodies in a province and of regional bodies are heard by the Juzgados de lo Contencioso-administrativo (administrative courts of first instance) (art. 8.4), usually at the place of the authority that made the decision (art. 14). In court, the person must be represented by a qualified legal professional (art. 23). A foreigner in Spain has the right to legal aid free of charge on the same terms as Spanish citizens (LO 4/2000, art. 22).
What alzada is
A recurso de alzada is filed with a higher authority against decisions that do not end the administrative route (Ley 39/2015, art. 121). The deadline is one month, and the answer is due within three months (art. 122). Since residence permit decisions normally do end the administrative route, alzada does not usually apply here. The notification shows whether it applies to your decision.
If there is no answer
The decision period for an application for an initial permit is three months. After it expires, the application may be treated as rejected. By contrast, renewal of a residence permit and renewal of a work permit are treated as granted if the authority stays silent (LO 4/2000, disposición adicional primera). If an application is rejected by silence, you can go to court within six months from the moment this refusal arose (Ley 29/1998, art. 46.1). A reposición in the case of silence can be filed at any time (Ley 39/2015, art. 124). The administration must still issue an express decision after the period has expired (arts. 21 and 24).
What happens to the refusal itself
Filing an appeal does not in itself suspend the enforcement of the decision (Ley 39/2015, art. 117). You can ask for suspension. The authority decides after weighing the interests involved and on the conditions named in the law, for example if enforcement would cause harm that is hard to repair.
A missed deadline
If the deadline for reposición has passed, only court remains (Ley 39/2015, art. 124.1). If the two months for court are missed too, the right to go to court is lost: court deadlines are not extended (Ley 29/1998, art. 128.1). All that remains is the exceptional recurso extraordinario de revisión (an extraordinary appeal for review) in the narrow set of cases named in Ley 39/2015, art. 125.
FAQ
Do I have to file a reposición before going to court?
No. Reposición is optional (Ley 39/2015, art. 123). But the route you choose affects the deadlines, so decide before they expire.
What is the deadline for reposición?
One month from the day after notification, if the decision is express (art. 124, art. 30).
How long do I have to go to court?
Two months from notification of the decision that ends the administrative route, or from the answer to the reposición (Ley 29/1998, art. 46).
Does the deadline run in August?
For going to court, August does not count (Ley 29/1998, art. 128.2).
I was refused by silence. What do I do?
If it is an initial permit, silence after three months may be treated as a refusal. You can file a reposición at any time or go to court within six months (Ley 29/1998, art. 46.1).
Who decides whether to challenge a refusal?
Only the person themselves or their representative. They decide whether to challenge the refusal and by which route.
What next
AUTO PACK 29€ helps you gather documents for a new application, and Full Pro 149€ supports the whole route. You can ask a question on WhatsApp +34743071481.