If your Spanish residency permit application is denied, you will probably receive a letter giving you 15 days’ notice to leave the country. But does this actually mean it’s mandatory for you to leave Spain or face being deported?
If you’re applying for your residency permit within Spain, rather than from a consulate abroad, what happens in Spain if it gets denied? Do you have to leave the country?
It can be quite frustrating to receive this answer, particularly when you’ve taken a while to get all your documents together, sent the application and even made a preliminary move over here. Is there anything you can do or do you have to leave?
If you do receive a denial it’s best to speak with an immigration lawyer, most likely the same one who helped you apply in the first place.
They will be able to explain to you the exact reason your application was denied (if the know) and advise on the next steps you should take.
Typically, your denial letter or status will state that you have 15 days in which to leave Spain.
However, this doesn’t necessarily mean that you obliged leave within those 15 days.
You have a couple of different options.
Apply for a different residency permit
The first is that you could apply for a new, different type of residency permit and start the whole process over again.
In that case you would be allowed to stay in Spain while the new application is in process.
This method allows you to remain in the country because of a legally recognised status known as “en trámite” (in process).
Under Spanish administrative law, while an application is formally under review, migration authorities cannot initiate or execute an expulsion process against you for being irregular.
The submission receipt (resguardo de presentación) serves as your temporary proof of legal stay within the country until a final decision is made.
File an appeal
The second option is to file an appeal, especially if your lawyer believes it was the wrong decision to deny your original permit, or that they can prove that you should have been granted the permit.
According to Balcells Law Firm in Barcelona “This procedure allows us to argue that there has been an error in the resolution so that it can be reviewed (and finally approved), as well as allowing us to improve the file with new documents that verify your position”.
The good news is that when you file an appeal, you are allowed to remain within Spain for the duration of the appeal process.
This means you can’t be kicked out of Spain while you are appealing your denied residency visa.
The two different ways to appeal:
The most common option is to file an appeal with the same body that rejected your application.
This means they will review your file again and check any more documents you have sent them which help your case.
If you choose this option, you will have a period of one month from the day after receiving your rejection notification to file your appeal.
For their part, the immigration office will has a maximum of three months to issue a response.
It is important to stick to those timeframes so that your appeal is successful.
The other option is to file administrative appeal through judicial channels.
Essentially, this means applying through the courts. You must do this within two months of receiving your denial.
Again, if you do this, you don’t have to leave Spain within the 15 days. You can remain in Spain while the appeal is in process.
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