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Appealing against a "Resolución Desfavorable"

Updated: Jun 10, 2021

What is an appeal?

An appeal is a formal writing you can prepare and present to the Spanish administration in case you disagree with their resolution about your residency process. You will have 1 month to present the appeal to the office that issued the resolution of your residency process, counting from the day after you received and signed that resolution.

Your appeal will be issued to a judge that will then send the judgment to the Immigration Office. If the appeal is finally accepted by the Immigration Office, you will receive a document called " Carta de estimación favorable", which is equivalent to the "resolución favorable" and therefore allows you to proceed to get your fingerprints taken and issue your residency card.

Disclaimer: in Age in Spain we do not offer legal advice and this is merely an overview of what an appealing process looks like. If you have received a rejection letter from the Immigration Office and don't have a good level of the Spanish language, we recommend seeking advice from a professional immigration lawyer. What do I need to start an appeal?

It is important to note that rejected processes usually happen due to the nuances in each residency application, and therefore the documents needed to proceed with the appeal may vary from case to case. Here are some of the requirements:

  • Name and surname

  • NIE or ID number (passport)

  • The resolution for which it is being appealed and the reason that justifies the appeal

  • Institution where the appeal will be sent. In this case the Immigration Office of your province (Oficina de Extranjería)

  • Details and particularities that justify our appeal, explained thoroughly and based on legal assumptions

  • Date, signature and place where the appeal was made

How do I present an appeal by myself? If you decide to start an appeal by yourself, you will need to present all the previous documents at a general registry that will send your appeal to the proper administration. You can also present the documents electronically if you have a Digital Certificate. In that case, you will have to start the process through this website and choose the option "Tramitación on-line con certificado digital". In the section "Datos de la Solicitud", you will have to choose the type of procedure type. Choose the option "Recurso potestativo de reposición" from the dropdown menu. Finally, you will have to write down your case and attach all documents listed above to support your claim. It is very important that the case you expose is well worded, and therefore we recommend seeking advice from a professional lawyer to ensure the success of this step. Finally, you will need to press "Siguiente" at the bottom of the website to proceed and send your appeal. The resolution of the procedure will be notified through email and at your site in the Sede Electrónica - Mis Expedientes.

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