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Residencia denied

Posted: Fri Apr 16, 2021 6:24pm
80 replies7590 views21 members subscribed
Skeenan9

Posts: 35

4 helpful points

Location: Los Balcones

Joined: 5 Oct 2020

Has anyone else had residencia denied , we moved here 03/11/2020 but denied saying we couldn't prove we were living here before 31/12/2020 despite showing flight tickets , bank statements showing transactions etc, now our solicitor has told us there's nothing more she can do for us ???? Felt like we just gave her 500€ for nothing,  could anyone advise who we could go to to lodge an appeal .tia

Kimmy11

Posted: Fri Apr 16, 2021 7:02pm

Kimmy11

Legendary helpful member

Posts: 6869

12554 helpful points

Joined: 8 Aug 2017

Posted: Fri Apr 16, 2021 7:02pm

Hi Skeenan9,

I'm sorry to hear of you situation.  Before denying an application, the Foreigners' office usually asks for additional information - did that happen with you?  In any event, I don't understand why your lawyer isn't progressing an appeal for you.  

I'm not recommending this company, as I have no personal experience of them, but I think their explanation of the appeals process is clear:

https://www.immigrationspain.es/en/appeal-an-immigration-decision/

I think you should ask your lawyer to lodge an appeal.

Good luck!

Kind regards,

Kim

Kelvin1960

Posted: Fri Apr 16, 2021 7:08pm

Kelvin1960

Super helpful member

Posts: 1488

1767 helpful points

Joined: 5 Mar 2017

Posted: Fri Apr 16, 2021 7:08pm

What are your ages? Did you demonstrate that you had healthcare as at December 2020 ?

Skeenan9

Posted: Fri Apr 16, 2021 7:20pm

Skeenan9

Original Poster

Posts: 35

4 helpful points

Location: Los Balcones

Joined: 5 Oct 2020

Posted: Fri Apr 16, 2021 7:20pm

Kimmy11 wrote on Fri Apr 16, 2021 7:02pm:

Hi Skeenan9,

I'm sorry to hear of you situation.  Before denying an application, the Foreigners' office usually asks for additional information - did that happen with you?  In any event, I don't understand why your lawyer isn't progressing an appeal for you.  

I'm not recommending this company, as I have no personal experience of them, but I think their explanation of the appeals process is clear:

https://www.immigrationspain.es/en/appeal-an-immigration-decision/

I think you should ask your lawyer to lodge an appeal.

Good luck!

Kind regards,

Kim

Hi Thanks for reply , asked the lawyer says there's nothing they can do , and no wasn't asked for any further documentation,  lawyer phoned me today and told me it had been declined and gave me a number of someone to send a wattapp message to , no help what so ever

Skeenan9

Posted: Fri Apr 16, 2021 7:23pm

Skeenan9

Original Poster

Posts: 35

4 helpful points

Location: Los Balcones

Joined: 5 Oct 2020

Posted: Fri Apr 16, 2021 7:23pm

Kelvin1960 wrote on Fri Apr 16, 2021 7:08pm:

What are your ages? Did you demonstrate that you had healthcare as at December 2020 ?

Hi showed them we tried to get healthcare through a company in November but , showed solicitor numerous email to them but never received phone call back from them , so unfortunately our healthcare is dated 2021 , 

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killjoy

Posted: Fri Apr 16, 2021 7:29pm

killjoy

Super helpful member

Posts: 3232

1849 helpful points

Location: Orihuela Costa

Joined: 4 Nov 2017

Posted: Fri Apr 16, 2021 7:29pm

There is a time limit to file an appeal, ant time is against you. What I would do is file a so called "Recurso de reposición" alledging whatever could help like utilities bills,or any other document relating you to being there, even witnesses (2), i.e. neighbors, milkman, mail receipts etc. Good luck

Skeenan9

Posted: Fri Apr 16, 2021 7:35pm

Skeenan9

Original Poster

Posts: 35

4 helpful points

Location: Los Balcones

Joined: 5 Oct 2020

Posted: Fri Apr 16, 2021 7:35pm

killjoy wrote on Fri Apr 16, 2021 7:29pm:

There is a time limit to file an appeal, ant time is against you. What I would do is file a so called "Recurso de reposición" alledging whatever could help like utilities bills,or any other document relating you to being there, even witnesses (2), i.e. neighbors, milkman, mail receipts etc. Good...

... luck

Hi yeah I've seen it's a month from date of rejection , my concern now is we were only told today but looks like date on the letter is 30/03/21 so looks like we only got 2 weeks to get it in place 

Rolyat01

Posted: Fri Apr 16, 2021 8:41pm

Posts: 75

45 helpful points

Joined: 23 May 2020

Posted: Fri Apr 16, 2021 8:41pm

Skeenan9 wrote on Fri Apr 16, 2021 6:24pm:

Has anyone else had residencia denied , we moved here 03/11/2020 but denied saying we couldn't prove we were living here before 31/12/2020 despite showing flight tickets , bank statements showing transactions etc, now our solicitor has told us there's nothing more she can do for us ???? Felt like...

... we just gave her 500€ for nothing,  could anyone advise who we could go to to lodge an appeal .tia

Give Jose at ex pat services a call brother in law was refused and Jose got him accepted on the back of his wife's 

 Expat Services Team

+34965322280

unknown

[email protected]

Email


Kelvin1960

Posted: Sat Apr 17, 2021 1:32am

Kelvin1960

Super helpful member

Posts: 1488

1767 helpful points

Joined: 5 Mar 2017

Posted: Sat Apr 17, 2021 1:32am

Skeenan9 wrote on Fri Apr 16, 2021 7:23pm:

Hi showed them we tried to get healthcare through a company in November but , showed solicitor numerous email to them but never received phone call back from them , so unfortunately our healthcare is dated 2021 , 

All Residencias were originally supposed to be granted by end 2020. 

The extension period into 2021 was provided in recognition of the Covid constraints last year.

From your unfortunate experience, it seems that the onus is on the applicant to demonstrate compliance with the requirements (housing, income, a bank track record evidencing residency, healthcare) as at end 2020.

So it seems that the extension is just a grace period for the admin process, not for meeting the compliance requirements.   

Martyn1986

Posted: Sat Apr 17, 2021 7:20am

Martyn1986

Very helpful member

Posts: 1244

866 helpful points

Location: Villajoyosa

Joined: 23 Aug 2020

Posted: Sat Apr 17, 2021 7:20am

Trying hard to reply because i just can't stop thinking about the 500euro, could you tell me what that was for please? Things obviously have changed in the years because it took me like a few hours for my resistencia but i know the overall cost didnt change and it was nowhere near 500euro and didnt require a lawyer. 

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