How do you appeal a refused Spanish entrepreneur permit or visa?

Checked on 2026-10-25

A refused entrepreneur residence permit can be challenged with a recurso de alzada, filed within one month of the written decision; the authority has three months to answer. A refused visa can be appealed to the consulate within one month, or taken to the High Court of Justice of Madrid within two months, according to Spain's Washington consulate.

Key facts

What	The source says	Source
Permit decisions	Must give reasons; can be appealed with a recurso de alzada	Ley 14/2013, art. 76.1
Deadline to file the alzada	1 month from an express decision; after that the decision is final	Ley 39/2015, art. 122.1
Deadline to answer the alzada	3 months; no answer lets you treat the appeal as dismissed	Ley 39/2015, art. 122.2
Visa refusal	Notified in writing with the grounds (Washington consular section)	Consulate page, “Visa refusal”
Visa appeal to the consulate	Within 1 month of the day after you receive the refusal (Washington consular section)	Consulate page, “Appeals”
Visa appeal to court	High Court of Justice of Madrid, within 2 months of the refusal or of the dismissal of the consulate appeal (Washington consular section)	Consulate page, “Appeals”
Security grounds	Refusal, revocation or non-renewal when you may threaten public order, security, health or national security, based on a police, CNI or National Security Department report	Ley 14/2013, art. 62.7

A refused permit

The entrepreneur residence permit is decided by the Directorate-General for Migration after the UGE-CE processes it. Ley 14/2013 requires reasoned decisions and says they can be challenged with a recurso de alzada under Ley 39/2015 (art. 76.1). Ley 39/2015 gives one month to file it against an express decision, after which the decision becomes final (art. 122.1). The authority then has three months to decide; if it doesn’t, you can treat the appeal as dismissed (art. 122.2).

A refused visa

If the permit was granted but the consulate refuses the visa, the Spanish consular section in Washington says the refusal comes in writing with reasons. Its page says you can ask the consulate to reconsider within one month of the day after you receive the refusal, or go to the High Court of Justice of Madrid within two months of the refusal or of the dismissal of your reconsideration request.

If no decision on the permit arrives within 20 working days, the permit counts as granted, so there is nothing to appeal (Ley 14/2013, art. 76.1).

Sources

Change history

2026-10-25: Page created

This is general information, not legal advice, and Lumen is not a law firm. Rules change and offices differ: check the official sources above before you act. Found something wrong or out of date? Write to support@lumen.observer.