Appeal against rejection of Residencia Status

Hi Cjohnso1,

Yes, you can leave.  Currently, you could also return to Spain as a tourist, so long as you've been double-vaccinated and meet Spain's requirements for entry.

However, it is worth bearing in mind that Covid developments have been resulting in short-notice changes, which it's impossible to predict.

Conversely, for anyone who has lodged an appeal against a rejected residency application, you have the right to stay in Spain until the appeal is determined.

Kind regards,

Kim

Hi Kim

I think your last remark is what I was looking foriWe would be allowed to stay in Spain until an appeal decision is decided upon,

Thank you

Hi Kimmy,

Thank you for your reply as before. But I keep getting conflicting advice on this subject. Is it anywhere published that one can stay in Spain until an appeal resolution is obtained ?

Regards

Cjohnso1

 I guess you are trying to obtain residency under the Withdrawal agreement by proving you were resident in Spain on 31 December 2020.

I’ve found this information on line which you may find helpful.

It mentions something about information being given about your right to stay when you  lodge  your appeal  against the decision.

Lynn

https://digismak.com/why-are-some-british-residence-applications-rejected-in-spain-and-how-to-appeal/

Hi CJohnso1,

Just to confirm, are you referring to the rejection of a residency application under the terms of the Brexit Withdrawal Agreement, rather than a post-Brexit Visa application, such as the Non-lucrative visa?

Kind regards,

Kim

Hi Graham,

Thank you for the reply. It does give evidence to suggest we can stay until a resolve is affected.

Thanks again

Cjohnso1

This is an Appeal against rejection of a Residencia Application under the Brexit Withdrawal Agreement.

Regards

Cjohnso1

Good, so my original response stands - you have the right to stay until you have a response to your Appeal (I assume you filed it within 1 month of the rejection?).  

So which of the crazy reasons did they give you - health insurance dated after 1 January 2021?  Padron dated after 1 January 2021?  I´ve seen a lot of this lately, hopefully you´ll be successful on appeal.

Good luck!

Kind regards,

Kim

Hi Kim,

The rejection was that we did not prove we were resident in Spain prior to 31 December 2020.

We arrived 16 August 2020, had ferry tickets one way, had bank statements , utility bills , Amazon and IKEA delivery notifications, even SIP Cards etc etc. The one chink in our armour was we did not sign on the Padron until 2021 !!!! Mea culpa !

This was our second attempt, rejected for the same reasoning as the first. The appeal was on time and the Governments 3 month resolution was up yesterday. Which would have been within our 90 day visa. However due to vacations in August they have not completed their investigations

Regards cjohnso1