WHAT TO DO IF REFUSED WHEN APPLYING OR RENEWING A RESIDENCE PERMIT IN SPAIN?
If you are confident that you are right, you must file an appeal.
An appeal is a formal letter expressing disagreement with a decision to reject a residence permit or renewal of residency and requesting a reconsideration for a compelling reason provided by law.
To challenge the solution, there are 2 ways:
1.reposition appeal
2.via the Supreme Court of Spain
1. Repositional appeal is the simplest and most common form.
It involves filing a notification directly with the authority where the documents were submitted. In case of refusal in the country of residence, it will be the Consulate of Spain, and if the residence permit is extended, it will be the Migration Service.
The deadline for submission is 1 month, which is considered to be the same day. So, if the refusal is received on August 1, then the deadline for filing is September 1.
There is one significant BUT: when receiving an unfavorable decision, it will be difficult to convince the authorities and get the cherished “Si”. Especially if the applicant wants to do this on his own and does not know how to legally formulate the justification and provide evidence proving an erroneous decision.
In this situation, the best solution would be to contact an immigration lawyer who will help you sort out a specific case. He will not only analyze the package of documents and the nuances of the case submitted by you, but also prepare and submit a correctly drawn up letter of notification with a correctly formulated reason for the request. It will also recommend supplementing the existing package if necessary.
2. In case of repeated refusal, a petition can be sent to the Supreme Court of Madrid (Tribunal Superior de Justicia) within 2 months from the date of receipt of the refusal on the repositioning appeal.
If you fail to submit a request for a reconsideration on time, you will be deemed to agree with the decision. Therefore, we recommend that you do not delay and contact an experienced lawyer, if you did not do this at the first appeal, and start the process.
The case is considered by a panel of 1 or 3 judges of the Supreme Court. The motive is a violation of the law by the consulate or administrative body of Spain, which issued a negative resolution.
As a rule, when applied to the Court, the probability of a positive outcome is 99%. Spanish law sets out a minimum of requirements when applying for a residence permit, and the Consulate decides at its own discretion, which is significantly different from the details established by law.
The applicant pays not only the lawyer’s fee (on average 1000-1500 euros), but also the services of the Prosecutor of the Spanish Tribunals (350-500 euros), without which it is procedurally impossible to appeal to the Supreme Court. Prices are indicated excluding VAT 21%.
!!! Important: When applying to the Court, an appeal can only be made by a Spanish lawyer.
The terms of consideration can take from 6 months to 3 years, but in cooperation with experienced lawyers, the issue is resolved in about 9 months.
Our company of lawyers has extensive experience in this matter and will certainly help you.
We will consider your case, analyze the reasons for the refusal, collect a package of documents to substantiate the request for a petition and prepare and submit a legally correct appeal to the appropriate authority.
But it is much more effective not to bring this up and initially contact specialists when applying or extending a residence permit.
Contact us today for more information.