It is possible that immigration officials deny your visa, nationality, arraigo social, family reunification or residence permit renewal request. What can you do if this happens? You can submit an appeal for amendment (recurso de reposición) or take the case to trial.
What are the advantages to submitting an appeal?
An appeal for amendment would be a much quicker route plus it doesn´t cost anything to submit one.
How long do you have to submit one?
You have one month from the date of the notification. All you have to do is state your personal information, the file number, the grounds for refusal, arguments for why we think the decision was unjust along with evidence to prove it.
Where do you submit the appeal?
You may submit it at the Consulate or at any General Administration Registry of the State. You may even send it by certified mail with proof of receipt.
To whom do you file the appeal?
You must file it to the same administrative body that denied your initial request so that they can rectify their decision. If your appeal is once again rejected, then you can submit a Contentious-Administrative appeal.
A Contentious-Administrative appeal is a a judicial review of the case which is different from an appeal for amendment that is purely administrative. You may submit a contentious administrative appeal within two months from the date of initial notification of rejection or, if you submitted an appeal for amendment, two months from the notification of rejection of that appeal.
It is ideal to go the administration route first before bringing it to trial to save both time and money.
Translated by: Katherine Pascal