This is not the end

Your application was refused —
let's find another way

A refusal on one basis does not close all paths to legal residency in Spain. This page explains what happened with your case, how to appeal, and what other options exist.

Legal basis: RD 1155/2024 (art. 125–129), Ley 39/2015 (art. 94, 95, 112, 114, 123–124)

First: what did you actually receive

Case closure, refusal or silence — these are different things

The right path and deadline depend on what the notification actually says. Identify your situation:

Desistimiento · art. 94
Closure for inaction

You did not respond to a requerimiento within the deadline (usually 10–15 days), failed to submit a document, or did not pay the fee. The authority declared you «por desistido» and closed the file.

✓ No decision on the merits — the path stays open
Caducidad · art. 95
Closure for stalled procedure

The procedure stalled due to inaction on your part. The authority warned you, and after 3 months of inactivity (art. 95.1 Ley 39/2015) declared caducidad. Note: this does not interrupt the limitation period (art. 95.3).

✓ Also not a refusal on the merits
Denegación · art. 88
Refusal on the merits

The authority reviewed your case and decided to refuse. It usually says «se deniega» with stated reasons. More complex, but also appealable.

! The appeal paths are the same, but the arguments differ

💡 How to tell: notifications always include a «pie de recurso» — a block at the bottom stating which appeal is available and the deadline. If nothing is stated or it says «pone fin a la vía administrativa» → see the appeals section below.

Appeal routes

How to appeal: three routes

Exact deadlines are in your notification. Below is the general framework under Ley 39/2015.

Recommended first step
Recurso potestativo de reposición
art. 123–124 Ley 39/2015
⏱ 1 month 0€ fee

Filed with the same authority that issued the decision (DGGM or Oficina de Extranjería). Optional — you may skip it and go straight to court. But reposición is free and gives a second chance without litigation, especially if the closure was due to a technical error or you can prove you responded in time.

An example to show the point. An application to modify a permit under art. 191 of RD 1155/2024 was not admitted for processing on the grounds that it had been filed too early, two months before temporary protection ended. Art. 191 contains no such condition: the «two months before» windows are provided by art. 190 for the move from a student stay (estancia por estudios). A refusal to admit an application for processing can be appealed by the same routes, so first compare the ground given in the decision with the rule you applied under, and only then choose between reposición and court.

Required content of the appeal (art. 115 Ley 39/2015):
• Full name and identification of the appellant
• Reference number and date of the contested act
• Grounds for appeal (legal provisions)
• Authority the appeal is addressed to
• Date and signature
• Address for notifications
Recurso contencioso-administrativo
Ley 29/1998, Administrative Litigation Jurisdiction Act
⏱ 2 months 👤 specialist needed

Filed in court — if reposición was rejected or you go directly to litigation. 2 months from the refusal notification or, if you filed reposición, from the express rejection or silencio negativo (1 month with no reply). Important: you cannot go to court while reposición is still pending (art. 123.2 Ley 39/2015).

No money for a lawyer? With a low income, a foreigner may be entitled to free legal aid (justicia gratuita), including in cases of a refused permit. Who qualifies and where to apply.

Recurso extraordinario de revisión
art. 125.1 Ley 39/2015 · only for final acts
rare case

Only applies to acts that are already final — when all standard deadlines have passed. Grounds are strictly limited: factual error in the case file (4 years), new essential documents (3 months), false documents or malfeasance declared by court ruling (3 months from finality).

⚠️

Recurso de alzada does not apply here. For DGGM decisions on arraigo, the administrative route is already exhausted (DA 9ª RD 1155/2024, art. 114.1.g Ley 39/2015). Don't use up the one-month window — go straight to reposición or court.

Alternative route

Other residency pathways — see what fits your situation

While the appeal is pending — or instead of it — you can explore other options. Spanish law provides several residency bases, and your situation may have changed since the first application. All bases below are from RD 1155/2024 (art. 125–129).

RD 1155/2024, art. 125–127 · Exceptional circumstances — arraigo
Arraigo sociolaboral
art. 127.b

2 years in Spain + active contract(s) for ≥20 h/week at SMI salary or above. Multiple contracts with different employers are allowed (seasonal, simultaneous). Employer must be up to date with TGSS contributions.

Permit: 1 year · full right to work
Arraigo social
art. 127.c

2 years in Spain. Either family ties (spouse/registered partner or 1st-degree relative) with a foreign resident; means: 100% IPREM of the relative plus another 100% IPREM of your own, 200% IPREM in total (Instrucción SEM 1/2025, Cuarta.3). Or — without family ties — a social integration report (informe de integración social) from the Autonomous Community, and means of at least 100% IPREM (Cuarta.2). Income may come from the relative.

Permit: 1 year · full right to work
Arraigo socioformativo
art. 127.d

2 years in Spain + enrolled (or committed to enrol) in official training — vocational education, employment courses, adult education. Application filed in the 2 months before enrolment opens. Permit is conditional on proving enrolment within 3 months. Work: up to 30 h/week.

Permit: 1 year · work ≤30 h/week
Arraigo de segunda oportunidad
art. 127.a

You previously held residency (not under exceptional circumstances), it lapsed, and was not renewed for reasons unrelated to public order. Or there is an acquittal or case dismissal. A new RD 1155/2024 pathway — for those who have fallen out of legal status.

Permit: 1 year · full right to work
Arraigo familiar
art. 127.e

No minimum stay required. Only for: a parent of a minor EU/EEA/Swiss national (dependent, living together); or a person providing support to an EU citizen with a disability. Permit duration: 5 years — the longest among arraigo types.

Permit: 5 years · no minimum stay
Humanitarian grounds
art. 128

Serious illness arising in Spain with no accessible treatment in the country of origin; victim of certain crimes (art. 311–318, 510 CP); security risk on return; temporary protection. Each case is assessed individually.

Permit: 1 year (renewable for illness)
Other procedures
Reagrupación familiar

If you have a family member (spouse, children, parents) with Spanish residency or citizenship, they can apply for family reunification on your behalf. The resident initiates it, not you. Requires the sponsor to have held residency for a certain period.

Residencia no lucrativa

For those with passive income — pension, dividends, rental income — without needing to work in Spain. High financial threshold (≈400% IPREM), but no employment or minimum stay required.

ℹ️ General requirements for all arraigo types (art. 126 RD 1155/2024): must be in Spain at time of application; must not be an international protection applicant; no criminal record in the last 5 years; not listed as inadmissible in EU registries; fee paid (38.28€ per Orden PJC/617/2025); no active residence permit or pending application.

💬

Tell us your situation — we'll work it out together

Message us on WhatsApp: what you applied for, what came back, how long you've been in Spain, whether you have work or family here. We'll see which path actually works for your case.

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info@tutramite.online

TuTrámite is a document preparation and information service for migrants in Spain. We do not represent you before authorities and do not replace individual advice from a qualified specialist. Exact deadlines and procedure are stated in your notification. Decisions are made by Spanish authorities.