When you receive a residency application denied In Spain, the first reaction is usually one of bewilderment and concern. However, all is not lost: the Spanish legal system offers different ways to challenge this decision or to try again with better guarantees.
In this guide we explain step by step what to do if you find yourself in this situation, what are the most common causes of denial and what options you have to defend your rights.
On what grounds can an application for residency in Spain be denied?
Receiving a denial does not necessarily mean that you do not have the right to reside legally in Spain, but that at that moment, according to the criteria of the administration, you did not meet all the requirements.
Among the most common causes of denial of residency are found:
- Lack of documentation or expired documentation.
- Insufficient financial resources demonstrable.
- Criminal records in the country of origin or in Spain.
- Errors in the completion of the form or in the telematic submission.
- Failure to meet deadlines legal to submit the application.
- Lack of knowledge of the correct procedureespecially in renovations or changes of residence.
A residency application denied can be the result of a small oversight, so it is essential to have adequate legal advice from the beginning of the process.
What to do if your residency application has been denied?
If you have received a denial notice, the first step is to stay calm and act quickly and strategically. Here are the options available to you:
1. Analyzes the denial resolution
Read the official notice carefully. This includes the legal reasons for the denial and will tell you whether you should file an appeal, within what period of time, and with which agency. At this point it is essential to have a lawyer with expertise in immigration law who can analyze the real chances of success of an appeal or a new application.
2. To file an appeal for reconsideration (administrative appeal).
If you do not agree with the resolution, you can file a appeal for reconsiderationThe administrative appeal is filed before the same body that issued the resolution.
- Deadline1 month from notification.
- AdvantagesYou do not need to go to court.
- RecommendationProviding additional documentation or correcting errors can be key to having your application reconsidered.
3. To resort to judicial proceedings: contentious-administrative appeal
If the appeal for reconsideration is unsuccessful or if you prefer to go directly to court, you can file an appeal for reversal of the decision. contentious-administrative appeal.
- Deadline2 months from the notification (or from the rejection of the appeal for reconsideration).
- ProcedureThe appeal: it is filed before an administrative court.
- Mandatory legal adviceYou need a lawyer and a solicitor.
This type of appeal is more complex, but can be effective when the denial is based on a restrictive or erroneous interpretation of the regulations.
4. Evaluate a new residency application
In some cases, it may be more convenient to start a new applicationThe company will correct any errors detected or wait until the necessary requirements are met.
This path is recommended if:
- The denial is due to a lack of formal requirements.
- Your circumstances have changed (e.g., you now have sufficient financial means or you have obtained a clean criminal record).
It is important that this new application is perfectly justified to avoid a new denial.
What should I keep in mind during this process?
- Do not stay in an irregular situation. If your previous permit has expired and you do not have another one to replace it, you may be in an irregular administrative situation.
- Act within the legal deadlines. Missing a deadline may close the door to an appeal or a new application.
- Seek specialized legal advice. Each case is different and should be evaluated in depth by a professional expert in Immigration.
What are my real chances if I am denied residency?
The residency application denied does not imply that you cannot reapply or defend your case legally. Many procedures are won administratively or judicially, as long as the case is well prepared.
In addition, there are other alternatives for regularization depending on your personal situation (roots, domestic partnership with an EU citizen, study visa, etc.).
Conclusion: Denial is not the end of the road.
Receiving a negative resolution does not mean that all is lost. There are legal options and customized strategies that allow the situation to be reversed, provided that action is taken quickly and with the support of professionals in Immigration Law.
If you find yourself in this situation and do not know how to proceed, we are here to help you. We invite you to book a meeting to review your case in detail and provide you with a solution tailored to your personal situation.
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