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What to do after a denial or administrative silence in immigration matters (appeals, recursos)

In short: facing a denial (or silence, which in immigration is usually negative) you can appeal: a reposición appeal (1 month) before the same body and/or a judicial review (contencioso-administrativo, 2 months) before the courts. Deadlines are short (Law 39/2015).

In person or by representative? Administrative appeals can be filed through a representative (a lawyer or authorised person), and even via the electronic register; they do not require personal appearance (legal standing and representation: Instruction SEM 1/2024).

Administrative silence: in most immigration procedures silence is negative (if they do not answer in time, it is understood denied). You can request a certificate of administrative silence and appeal with it. (Important exception: in renewals silence is usually positive.)

Available appeals:

  • Reposición appeal (optional): before the same body that issued the decision, within 1 month of notification. The body has 3 months; if it does not decide, it is deemed rejected and the judicial route opens.
  • Alzada appeal: before the higher body, when the act does not end the administrative route.
  • Judicial review (contencioso-administrativo): within 2 months of the notification of the denial (or from the silence deadline).

Recommendation: deadlines are short and non-extendable; it is advisable to consult an immigration lawyer to choose the route and prepare the appeal.

Official source: Law 39/2015 on Common Administrative Procedure (arts. 123-124 for reposición).

Informational only; the route and deadlines depend on the specific act — check the official source and a professional for your case.

Official source: https://www.boe.es/buscar/act.php?id=BOE-A-2015-10565

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General information, not individual legal advice. Check the official source and consult a professional for your case.

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