Refusal of the residence permit

Service description

The refusal of the residence permit has as its main effect the production of a situation of irregular residence in Spain, and therefore obligation for the foreigner to leave the Spanish territory.

Against this refusal is possible to appeal, and our immigration lawyers can help you with that by bringing the appropriate action for the case.

Trust our experts to answer your questions!

REASONS FOR REFUSAL:

– The existence of previous convictions or the lack of evidence of your good behavior. Having a criminal record in Spain or in your country of origin is ground for refusal. We always recommend to request the deletion of personal criminal/police records before submitting the application.

– Non-compliance with the legal minimum period of residence requirement.

Presenting an application before reaching the required residence time is an automatic ground for refusal. Likewise, the case in which the residence is not continuous and immediate after the submission of the application.

– Incompatibility between the residence for studies and the legal residence.

The periods of legal stay can not be counted as legal residence at the time of application to obtain citizenship by residence. In these cases, you will have to wait to acquire your first authorization for legal residence, and from that moment on, start calculating the legal residence required by the Civil Code.

– Departures and absence from Spanish territory. The periods of stay outside the country are sufficient reasons to believe that there is not a continuous residency situation in Spain, thus leading to the refusal.

– Lack of evidence of sufficient degree of integration in Spain.

On many cases, the denial is motivated by the fact the applicant does not speak Spanish (or other regional language), by the lack of links with Spain, by the failure to demonstrate the integration in the interview with the civil registrar or because of practices or customs completely at odds with the Spanish culture.

– Lack of sufficient livelihoods. A very important requirement to be able to obtain citizenship is not to be a burden for the state. In these cases, it is not advisable to submit an application for obtaining citizenship.

– Errors in documentation or documents expired. Submitting documents that may contain spelling or content errors, submitting expired documents, or failing to provide the required documents will necessarily lead to the rejection of the application.

Steps to follow:

1. Appeal for reviewing the decision to the Dirección General de los Registros y del Notariado – period of 30 days for the bringing of an action, after receipt of the decision.
2. An administrative-litigation appeal to the Audiencia Nacional within two months.

In the administrative-litigation appeal a temporary suspension injunction may be requested in order to prevent the negative effects of the decision.

What’s included:

Contact our immigration lawyers to appeal on time, thus avoiding the rejection of your citizenship/residency application. Our team will provide you a personalized assistance, until obtaining a new resolution.

What’s not included:

We do not provide assistance at the Spanish Consulates in the applicant’s country of origin. We provide personal assistance in our offices in Madrid, Barcelona and Santo Domingo, in the Dominican Republic.

In all other cases, we can offer professional legal advice online.