Appeal against rejection of Residencia Status - Page 2

I do wonder how people were supposed to get Padrons during a pandemic, during a period when they had to make appointments at their Town Halls, instead of just walking in, and the appointments were like gold dust.  I hope your appeal is successful second time around.

Best wishes,

Kim

Hi Kim,

Thanks for your advice. But where is it written ?

Regards

Cjohnso1

Hi Cjohnso1,

I can find it stated explictly on the websites of various lawyers. although I prefer to offer official sites.  This guide on La Moncloa states that you can remain in Spain while your residency application is in process - while it doesn't specifically mention the inclusion of appeals, they are still part of the application process (see page 11):

https://www.inclusion.gob.es/ficheros/brexit/guia_brexit_2020_en.pdf

 Also, note the statement at the top of page 12:

"How long will it take to get the residence document? 

"The deadline for deciding on your concession is three months. And after that, you must request its dispatch within one month of notification."

You are still waiting for a response - I believe the statement above implies that it's acceptable for you to remain in country while the process is ongoing.

On page 15:

"What happens if an application is rejected? 

"What will be the deadlines for filing an appeal? If your application is rejected, you may file a complaint through administrative channels. The decision itself will tell you the formalities relating to the appeal, deadlines, and to whom you must submit it.  After this analysis in administrative proceedings, you will be able to go to court."

I believe the fact that, even after failed appeals, you can then go to court implies, again, that you can remain in country until you have exhausted the system.

As I said, I prefer official documents from the Spanish government, but in the absence of anything more definitive than what I've quoted above from La Moncloa, please see the second bullet under the heading "Reasons to Appeal" in the following article:

https://costaluzlawyers.es/blog/your-guide-to-what-to-do-if-your-application-for-residence-in-spain-is-rejected/

"You can continue to live in Spain until a decision is made on your appeal. And most importantly, you cannot be deported while the process is taking place."

I hope this gives you some peace of mind.

Kind regards,

Kim

Hi Kim,

Thanks for your perseverance. It would seem we are ok to stay. I suppose the proof of the pudding will be when leave and return !

Thanks again

Personally, I wouldn't leave Spain while the Appeals process is ongoing.  In the unfortunate circumstance that you are ultimately rejected, I would keep all the paperwork you have with regard to your application process.  I don't know whether Spanish or Schengen border control systems are intelligent enough to capture your right to exceed 90 days in country while your residency application is in progress.

Kind regards, 

Kim