Friday, April 16

Why are some British residence applications rejected in Spain (and how to appeal)


Why are some residency applications rejected?

“Proofs of residency before 12/31/2020 are key to the success of the application process,” Alicia Gárate, coordinator of the International Organization for Migration for the National Support Fund Project, told The Local Spain. from the United Kingdom in Spain.

“It is important to collect as much information as possible to prove that you were a legal resident in Spain before the end of the transition period.

“In addition, there may be challenges that are very specific to each situation and are complex, so they must be analyzed and addressed in detail from a legal perspective and in accordance with the Withdrawal Agreement.

IOM can provide individual support to UK citizens struggling in these cases ”.

It is worth noting that Brits who already have a green residency certificate and wish to exchange it for the new biometric TIE card do not have to provide as much documentation and the process is quite straightforward.

However, for UK citizens who have not previously received a green residency document, the requirements of Spanish alienation The authorities are stricter and require more paperwork, since they have to prove that they lived in Spain before Brexit and that they have the financial means and health coverage not to be a burden on the system.

The differences between the different processes are detailed in this document by the Spanish government.

“In our experience, the rejection of residency applications is quite unusual,” a spokesperson for Age in Spain, one of the other groups currently helping Britons with residency applications, told The Local Spain.

“Most of the time it is a relatively small problem in the application: an error in a form, a section that has not been completed or a missing or outdated document, for example.

“Whenever people need support with the residency process, we work with them to make sure these things are resolved before submitting an application.

“If an application for residence is rejected, Age in Spain works with that person to help them solve the problem. “

READ ALSO:

  • Questions and Answers: Everything you need to know about residency in Spain for British people after Brexit
  • The British Embassy in Madrid publishes a list of alternative documents to prove residency
  • How to apply for the Spanish TIE residence card

Anne Hernández, head of Brexpats in Spain, told The Local that several Britons had contacted her to inform her that their residency applications had been rejected because the private health insurance policy they had taken out did not start before 1 January 2021.

“Establishing a private health insurance policy can take several weeks,” Hernández said.

“They cannot legally go back, even if they took out the policy in December 2020.”

“These are isolated cases, so far I have heard about what has happened in Alicante and Malaga, but I have also been told that some immigration officials are not accepting a padrón (registration certificate from the town hall) that was not issued before 31 December. December. 2020.

Photo: José Miguel Guardeño / Pixabay

“I have also been told that on other occasions applicants are asked to provide translations or legislation of their documents without having done so initially.

“Or to provide a more current bank statement showing that they were living and spending in Spain before the end of the transition period ”.

In a recent facebook postCitizens Advice Bureau Spain wrote that “some companies submit applications with incorrect documentation”, referring to agencies and other legal companies (not those cited in this article) that now offer British help with the residency process for a fee.

“Please be diligent,” they emphasized, which is a reminder that it’s always worth checking the requirements and paperwork yourself, even if you’ve hired the help of an agent.

Can the British appeal if their residency application is rejected?

“If a UK citizen’s application for residence is rejected, he can appeal the decision,” said IOM’s Alicia Gárate.

“It is important that they know that if it is rejected and they appeal, then they have the right to remain in Spain during the appeal process.

“Information on how to appeal is included in the ‘resolution’, the letter that British citizens receive from the Spanish authorities as a result of their request.

“While the appeal is considered, there is no loss of rights for UK citizens and they can remain in Spain.”

UK citizens struggling with the procedure or unsure what to do next can contact IOM’s UK Nationals Support Fund as they have been supporting those facing challenges. specific with your requests. They can also provide support and advice on the appeal process as needed.

“We have a dedicated team of social workers to support struggling UK citizens. We encourage UK citizens experiencing difficulties to contact us at IOM Spain, Madrid (0034) 699 581 855, Murcia (0034) 648 642 543, Andalusia (0034) 650 339 754/616 825 704 or you can email us at: [email protected] and visit our website. “

Age in Spain also gave more details about the appeal system:An appeal is a formal written document that you can prepare and present to the Spanish administration in case you do not agree with their decision on your residency process.

“You will have one month to present the appeal to the office that issued the resolution of your residency process, from the day after you received and signed that resolution. Your appeal will be issued to a judge who will then forward the judgment to the Immigration Office.

“If the appeal is finally accepted by the Immigration Office, you will receive a document called”Favorable estimate letter“, Which is equivalent to the” favorable resolution “and therefore allows you to proceed to take fingerprints and issue your residence card.

Photo:Stock Photos /Pexels

What do I need to start an appeal?

“It is important to note that the rejected processes tend to occur due to the nuances in each residence application, so the documents necessary to proceed with the appeal may vary from one case to another,” Age in Spain details.

Some of the requirements are:

  • Name and surname
  • NIE or identification number (passport)
  • The resolution for which the appeal is made and the reason that justifies the appeal.
  • Institution to which the appeal will be sent. In this case, the Immigration Office of your province (Immigration Office)
  • Details and particularities that justify our appeal, fully explained and based on legal assumptions
  • Date, signature and place where the appeal was made

Can I file an appeal myself?

According to Age in Spain, “if you decide to initiate an appeal on your own, you must submit all the above documents in a general registry that will send your appeal to the corresponding administration.

“You can also submit documents electronically if you have a Digital Certificate.

“In that case, you will have to start the process through this website and choose the option Online processing with digital certificate.

“In the section Application Data, you will need to choose the type of procedure. Choose the option Optional appeal for replacement in the drop-down menu.

“Finally, you will have to write your case and attach all the documents listed above to support your claim. It is very important that the case you present is well written, so we recommend that you seek the advice of a professional lawyer to ensure the success of this step. Next at the bottom of the website to continue and submit your appeal. The resolution of the procedure will be notified via email and on your site in the Electronic Office – My Files. “


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