Immigration Appeal for Reconsideration

The immigration appeal for reconsideration is an essential tool for those who have received an unfavorable decision on their residence permit or renewal application. This appeal allows you to request a review of the administrative decision before the same body that issued it, aiming to correct potential errors and obtain a favorable response. When it comes to the immigration appeal for reconsideration, it is always very important to be clear about the deadline when the denial was notified.

What is the Immigration Appeal for Reconsideration?

The appeal for reconsideration is an administrative procedure filed against unfavorable resolutions issued by the immigration office, government delegations, or sub-delegations. This appeal is presented to the same body that issued the contested resolution, seeking a reconsideration of the initial decision. You have one month from the day you are officially notified by the corresponding body.

It is crucial to note that the one-month period for filing the appeal starts from the day following the notification of the resolution, regardless of whether the applicant chooses to read it or not. Ignoring the notification does not exempt you from complying with the legal deadlines for submitting the appeal.

Advantages of the Immigration Appeal for Reconsideration

• Free of charge: It does not involve additional costs, as there is no need to pay administrative fees.
• Legal protection: It preserves your right to remain legally in Spain while the appeal is processed.
• Error correction: It allows for the correction of administrative errors that may have led to the initial denial.
• New evidence: It provides an opportunity to submit additional documentation that strengthens your application.

Deadlines for Filing the Immigration Appeal for Reconsideration

The deadline for filing an immigration appeal for reconsideration is one month, starting from the day after the notification of the unfavorable resolution. It is crucial to adhere to this deadline to ensure that your appeal is accepted and evaluated.

Resolution Time for Immigration Appeal for Reconsideration

The administration has three months to resolve the appeal for reconsideration. If there is no response, it is considered denied by administrative silence, allowing you to file a contentious-administrative appeal before the courts. In practice, each autonomous community has its own resolution timelines depending on the workload, so it is often longer than the three months mentioned earlier.

Recommendations for Immigration Appeal for Reconsideration in Spain

• Legal Advice: Consult with an immigration lawyer to maximize your chances of success.
• Complete Documentation: Ensure that all documentation is complete, correct, translated, and legalized if necessary.
• Strong Argumentation: Present clear and compelling legal arguments.
• Compliance with Deadlines: Adhere to the established deadlines to avoid your appeal being inadmissible.

What to Do If the Appeal for Reconsideration Is Denied?

If your appeal for reconsideration is denied, either explicitly or by administrative silence, you can opt to file a contentious-administrative appeal. This appeal is filed before the courts and requires representation by a lawyer and a court representative. We always recommend exhausting the administrative route and ensuring proper advice before initiating a process that can take a long time.

At Lexmovea, we are committed to providing the best legal advice and support at every stage of your immigration process. Our team of immigration law specialists can help you prepare and submit your appeal for reconsideration with all legal guarantees. Contact us for a personalized consultation and maximize your chances of success in obtaining your residence permit.

What is the Administrative Situation When We Are in the Appeal Process?

Regarding your immigration legal situation, while your appeal for reconsideration is pending, you will be legally in Spain. This situation may change if the appeal is denied. It is also important to note that while under appeal, you cannot leave the country.

Immigration Appeal for Reconsideration Model

Each case we handle in our office is unique and presents specific legal complexities, so it is difficult to create a standard model for all appeals for reconsideration, emphasizing the importance of how to draft an appeal for reconsideration. However, here is a sample appeal for reconsideration that would also serve as a model for the visa denial appeal:

Procedure for Filing the Immigration Appeal for Reconsideration

• Drafting the Appeal:
  • Identification of the applicant (name, surname, NIE).
  • Presentation of facts and legal grounds.
  • Detailed argumentation on why the resolution is incorrect.
  • Request for a review of the resolution and specific request (e.g., granting the residence permit).
• Submitting the Appeal:
  • The appeal must be submitted to the same body that issued the unfavorable resolution.
  • It can be done in person at the immigration office or through the electronic means provided by the administration.
• Providing Additional Documentation:
  • Include any documents that may strengthen your case, such as proof of ties, medical reports, employment contracts, etc.

Example of Immigration Appeal for Reconsideration in Immigration Matters

File Reference: [File Number]

Subject: Appeal for reconsideration for denial of [Type of Authorization]

To the Government Subdelegation in [Location]

I, [Full Name], of legal age, nationality [Nationality], with NIE [Foreign Identification Number] and address for notifications at [Full Address], hereby submit an appeal for reconsideration against the resolution dated [Date] of [Month] of [Year], by which the application for a [Type of Residence] was denied.

---

Facts

1. The applicant was the holder of a [Type of Residence] permit, which expired on [Expiration Date]. Having completed the five-year period of legal residence in Spain, the application for a [New Type of Residence] was submitted.
2. The application was denied by resolution dated [Date], which was notified on [Notification Date]. A copy of the contested resolution is attached. The reason for the denial was [Reason for Denial].

---

Legal Grounds

I. According to Article 124.1 of Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations, this appeal is filed within one month of its notification.

II. In accordance with Article 123.1 of Law 39/2015, this appeal is submitted to the body that issued the resolution.

III. Suspension of the execution of the contested resolution: Article 117 of Law 39/2015 establishes that: “Public Administrations may challenge acts favorable to the interested parties before the contentious-administrative jurisdiction, which may be annulled in accordance with Article 48, following a declaration of harm to the public interest.”

In this case, it is clear that remaining in an irregular situation while the appeal is processed causes significant harm to the applicant, who cannot work or fulfill family responsibilities. This situation would not be remedied by a future favorable resolution.

Additionally, no harm to public interest or third parties is observed if the suspension of the contested resolution is granted, making the suspension fully justified in this case.

---

Request

I request that the contested resolution be annulled and a new resolution be issued granting the applicant the [Type of Residence] permit, and that the execution of the contested resolution be suspended during the processing of the appeal.

---

This sample immigration appeal for reconsideration is only an example and must be adapted to the specific circumstances of each case. For more detailed and personalized assistance, we recommend contacting our specialized immigration lawyers.

Legal Framework for Immigration Appeals

Immigration appeals in Spain are mainly regulated by Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations, which establishes the general framework for filing administrative appeals. In particular, Article 123 of this law allows interested parties to file an appeal for reconsideration against administrative acts that affect them, within one month of the notification of the act. This appeal is submitted to the same body that issued the contested resolution, allowing for an internal review of the administrative act without the immediate need to go to the judicial route.

Additionally, the Immigration Regulation, approved by Royal Decree 240/2007, of February 16, sets specific procedures for processing immigration-related appeals. In this regard, Article 27 of the regulation details that decisions regarding visa denials, residence and work permits, and other related matters can be subject to appeal for reconsideration, thus guaranteeing the right of defense for applicants.

It is important to note that when filing an appeal for reconsideration, the applicant must properly justify their request, presenting the arguments and necessary documents that support their claim. If the appeal is denied, the interested party may opt to file a contentious-administrative appeal before the courts, which is an additional step in defending their rights.

Law Allowing Work During the Immigration Appeal for Reconsideration

The law allowing work while an appeal for reconsideration is being processed is related to the protection of the rights of asylum seekers in Spain. In a report by the Ombudsman, it was established that applicants for international protection have the right to continue working legally even if their asylum application has been provisionally denied. This decision allows work during the appeal for reconsideration, aiming to prevent applicants from losing their jobs and, therefore, their means of subsistence while waiting for a final resolution on their situation.

Questions and Answers About the Immigration Appeal for Reconsideration

Immigration Appeal for Reconsideration

1. The immigration appeal for reconsideration is a crucial tool for those seeking to reverse an unfavorable administrative decision. With the proper procedure and legal support, it is possible to correct errors and obtain a favorable resolution that allows you to reside legally in Spain. We address all your doubts related to the immigration appeal for reconsideration model.
2. When Can I File an Appeal for Reconsideration? It must be filed within one month from the notification of the resolution you wish to challenge.
3. Where is the Appeal Filed? It is filed before the same authority that issued the resolution you wish to appeal.
4. What Documentation Should I Submit? You must submit a copy of the contested resolution and any additional evidence or documentation that supports your claim.
5. How Long Does It Take to Resolve an Immigration Appeal for Reconsideration? The administration has one month to resolve the appeal from its submission.
6. What Happens if There Is No Resolution Within the Established Deadline? If no response is received within one month, the appeal is considered denied by administrative silence, allowing you to file a contentious-administrative appeal before the courts.
7. Is It Mandatory to File an Appeal for Reconsideration Before Going to the Judicial Route? No, you can opt to file a contentious-administrative appeal directly, but the appeal for reconsideration allows you to attempt to resolve the issue without going to court.
8. What Can I Do if the Appeal for Reconsideration Is Denied? If the appeal is denied, you can file a contentious-administrative appeal before the competent courts.
9. Can I File the Appeal Online? Yes, depending on the autonomous community, many procedures can be managed electronically through the immigration electronic headquarters.
10. What Is the Cost of Filing an Appeal for Reconsideration? The appeal for reconsideration does not incur additional costs in most cases, although if you hire a lawyer, you will need to pay their fees.
11. What Are the Minimum Data Required for the Appeal for Reconsideration Model for Spain Visa Denial? To file an appeal for reconsideration after a visa denial in Spain, it is essential to include certain minimum data in the appeal model. These are:
    • Personal Data: Full name, nationality, address, and contact number of the applicant.File Number: Reference number of the file related to the visa application.
    • Reason for Denial: A clear mention of the resolution being contested, including the notification date and the reasons provided by the consular authority.
    • Arguments: Presentation of the reasons why the denial decision is incorrect, along with any additional supporting documentation.
    • Date and Signature: The date the appeal is filed and the signature of the applicant or legal representative.
12. How Long Does an Immigration Appeal for Reconsideration Take? The resolution time for an immigration appeal for reconsideration can vary, but the regulation sets a maximum of one month for the administration to resolve and notify the decision. In practice, appeals may take up to a year and a half to resolve.
13. How Can I Check the Status of My Immigration Appeal for Reconsideration? To check the status of your immigration appeal for reconsideration in Spain, you can use the Electronic Headquarters of the Ministry of Public Administrations or the Ministry of Justice’s Electronic Headquarters. The normal status in these cases will be “in the appeal process” when seeking the same.
14. If My Procedure Has Been Denied, and I File an Appeal and Win, Does It Count Toward My Spanish Nationality? If you win an immigration appeal for reconsideration, you should know that all this time will count toward the obtaining of your Spanish nationality by residence.
15. How Long Does an Immigration Appeal for Reconsideration Take? An immigration appeal for reconsideration usually takes between 1 and 3 months to resolve, although the timelines may vary depending on the workload of the administration. If no response is received within this period, it may be considered denied by administrative silence.
16. Where Can I Get the Model for an Immigration Appeal for Reconsideration for Nationality Denial? When a procedure is “in the appeal process,” it means that the initial resolution has been challenged and is under review. This happens after a denial or unfavorable resolution. For a model of an appeal for reconsideration for nationality denial, you can find it on the Ministry of Justice’s website or consult with an immigration lawyer.
17. Can I File an Immigration Appeal for Reconsideration with a Digital Certificate? Yes, you can file an immigration appeal for reconsideration with a digital certificate through the electronic headquarters of the relevant ministry, ensuring that you meet the deadlines and submit the necessary documentation.
18. Can I Work with an Appeal for Reconsideration? In general, filing an appeal for reconsideration does not automatically grant the right to work. If your previous situation allowed you to work, you may continue working while the appeal is processed. However, this will depend on the type of procedure and the applicable regulations. It is advisable to consult with an immigration expert to analyze your specific case and see if you can work while the appeal for reconsideration is being processed.
19. What is an Immigration Appeal for Reconsideration? An immigration appeal for reconsideration allows you to challenge unfavorable decisions by the administration, such as the denial of permits. It is filed before the same body so that it can review its decision, with a one-month period from the notification. It is a step before filing a contentious-administrative appeal.
20. How to File an Immigration Appeal for Reconsideration? To file an immigration appeal for reconsideration, draft a document identifying the resolution you are challenging, explain the errors, and provide documentation to support your position. Address it to the same body that issued the resolution and submit it within one month, either in person or online with a digital certificate. Having legal advice can help you achieve a favorable outcome.