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Why some residency applications by Britons in Spain are rejected (and how to appeal)

Some UK nationals applying for residency in Spain for the first time are having their applications rejected. We spoke to some of the groups helping Britons register to find out where the main problems are and how the appeal process works. 

Why some residency applications by Britons in Spain are rejected (and how to appeal)
Have you had problems getting your Spanish TIE residency card (seen here in background)? Photo: Yan Krukov/Pexels

Why are some residency applications getting rejected?

“Proofs of residency by the 31/12/2020 are key to the success of the application process,” Alicia Gárate, the International Organization for Migration’s coordinator for the UK Nationals Support Fund Project in Spain, told The Local Spain. 

“It is important to gather as much information as possible to prove that you were a legal resident in Spain before the end of the transition period. 

“In addition, there can be challenges that are very specific to each situation and are complex, therefore they need to be analysed and addressed in detail from a legal perspective and according to the Withdrawal Agreement.

IOM is able to provide individual support to UK nationals who are struggling in these cases.”

It’s worth noting that Britons who are already holders of a green residency certificate and wish to exchange it for the new biometric TIE card do not have to provide as much documentation and the process is fairly straightforward.

However, for UK nationals who have not been previously issued a green residency document, the requirements from Spanish extranjería authorities are stricter and require more paperwork as they have to prove they lived in Spain before Brexit and that they have the financial means and health cover to not be a burden to the system. 

The differences between the different processes are detailed in this document by the Spanish government.

“In our experience, rejection of residency applications is actually quite unusual,” a spokesperson for Age in Spain, one of the other groups currently helping Britons with residency applications, told The Local Spain. 

“Most of the time it comes down to a relatively small problem in the application – a mistake on a form, a section that has not been completed or a missing or out-of-date document, for example. 

“Whenever people need support with the residency process we work with them to make sure that these things are sorted before an application is submitted. 

“If a residency application is rejected then Age in Spain works with that person to help them resolve the problem.”

READ ALSO: 

Anne Hernández, head of Brexpats in Spain, told The Local that several Britons had contacted her to inform her that their residency applications had been rejected because the private health insurance policy they had taken out didn’t start before January 1st 2021.

“Setting up a private medical insurance policy can take several weeks,” Hernández said. 

“Legally they can’t backdate it, even if they took out the policy in December 2020.”

“These are isolated cases, so far I’ve heard of it happening in Alicante and Málaga, but I’ve also been told that some immigration officials are not accepting a padrón (town hall registration certificate) that wasn’t issued before December 31st 2020.  

Photo: Jose Miguel Guardeño/Pixabay

“I’ve also been told that on other occasions applicants are being asked to provide translations or legislations of their documents having not done so initially. 

“Or to provide a more current bank statement which shows that they were living and spending in Spain before the end of the transition period.”

In a recent Facebook post, Citizens Advice Bureau Spain wrote that “some companies present applications with incorrect documentation”, in reference to gestorías and other legal companies (not the ones quoted in this article) that are now offering Britons help with the residency process for a fee. 

“Please be diligent,” they stressed, which is a reminder that it’s always worth double-checking the requirements and paperwork yourself even if you’ve enlisted the help of an agent.  

Can Britons appeal if their residency application is rejected?

“If a UK National’s residency application is rejected they can appeal the decision,”  Alicia Gárate of the IOM stated.

“It’s important for them to know that if it is rejected and they appeal, then they have the right to remain in Spain during the appeal process.

“Information on how to appeal is included in the ‘resolución’, the letter that UK nationals receive from the Spanish authorities as a result of their application. 

“While the appeal is considered, there is no loss of rights for the UK nationals and they are able to remain in Spain”. 

UK nationals who are struggling with the procedure or are not sure about what to do next can contact the IOM’s UK Nationals Support Fund as they have been supporting those who are facing specific challenges with their applications. They can also provide support and advice on the appeal process as needed. 

“We have a dedicated team of caseworkers to support UK nationals who are struggling. We encourage UK nationals who are facing difficulties to get in touch with us at IOM Spain, Madrid (0034) 699 581 855, Murcia (0034) 648 642  543, Andalucia (0034) 650 339 754/ 616 825 704 or they can email us at: [email protected] and visit our website.”

Age in Spain also gave more details on the appeal system:An appeal is a formal written document you can prepare and present to the Spanish administration in case you disagree with their resolution about your residency process. 

“You will have one month to present the appeal to the office that issued the resolution of your residency process, counting from the day after you received and signed that resolution.Your appeal will be issued to a judge that will then send the judgement to the Immigration Office.

“If the appeal is finally accepted by the Immigration Office, you will receive a document called “Carta de estimación favorable“, which is equivalent to the “resolución favorable” and therefore allows you to proceed to get your fingerprints taken and issue your residency card.

Photo:Startup Stock Photos/Pexels

What do I need to start an appeal?

“It is important to note that rejected processes usually happen due to the nuances in each residency application, and therefore the documents needed to proceed with the appeal may vary from case to case,” Age in Spain stressed.

Some of the requirements for the appeal are:

  •         Name and surname
  •         NIE or ID number (passport)
  •         The resolution which is being appealed and the reason that justifies the appeal
  •         Institution where the appeal will be sent. In this case the Immigration Office of your province (Oficina de Extranjería)
  •         Details and particularities that justify our appeal, explained thoroughly and based on legal assumptions
  •         Date, signature and place where the appeal was made

Can I present an appeal by myself?

According to Age in Spain, “if you decide to start an appeal by yourself, you will need to present all the previous documents at a general registry that will send your appeal to the proper administration.

“You can also present the documents electronically if you have a Digital Certificate. 

“In that case, you will have to start the process through this website and choose the option Tramitación on-line con certificado digital.

“In the section Datos de la Solicitud, you will have to choose the type of procedure. Choose the option Recurso potestativo de reposición from the dropdown menu.

“Finally, you will have to write down your case and attach all documents listed above to support your claim. It is very important that the case you exposé is well worded, and therefore we recommend seeking advice from a professional lawyer to ensure the success of this step. Finally you will need to press Siguiente at the bottom of the website to proceed and send your appeal. The resolution of the procedure will be notified through email and at your site in the Sede Electrónica – Mis Expedientes.”

Age in Spain assists UK passport holders in Spain with residency matters and appeals to residency queries. 

Residency Helpline and General Enquiries:
+34 932 20 97 41

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GIBRALTAR

UK soldiers expelled from Spain after crossing from Gibraltar posing as tourists

Spain has expelled four Royal Navy servicemen who crossed the Spain-Gibraltar border on foot three times in a single day while dressed in civilian clothing, with Spanish media claiming they were checking the porosity of the border.

UK soldiers expelled from Spain after crossing from Gibraltar posing as tourists

Spanish police expelled four British soldiers from Spain on Monday night, removing them from the country and sending them back to Gibraltar after it emerged that the four Royal Navy personnel had entered Spain illegally while “posing as tourists”, as the Spanish press has reported.

The incident comes a week after the British Navy carried out military drills in the waters surrounding Gibraltar, the British overseas territory that Spain still claims sovereignty of, and amid the seemingly never-ending negotiations between Spain and the UK to finally settle a post-Brexit deal.

READ ALSO: Gibraltar Brexit deal ‘close’ as Brits crossing into Spain use fake bookings

The expulsions, now reported in the Spanish press by Europa Sur and confirmed to El Periódico de España by official sources, occurred after the four soldiers arrived in Gibraltar on a civilian flight and entered into Spain. They also had return tickets via Gibraltar.

They then reportedly passed themselves off as tourists and entered Spain on foot, staying at a four-star hotel in La Línea de la Concepción, the town in the Cádiz province of Andalusia that borders Gibraltar.

Stranger yet is that they crossed the border at La Línea on up to three occasions in the space of a few hours.

READ ALSO: What Brits need to know before crossing the border from Gibraltar to Spain

Spanish authorities detected their presence because two of the soldiers tried to return to Gibraltar at night.

At the border, Spanish police officers enquired as to the reason for their entry, to which the soldiers replied that they were on their way to work and brandished British military documentation.

The police decided that their entry into Spain had been irregular because they did not meet the Schengen Borders Code requirements demanded of non-EU citizens entering EU territory.

According to Europa Sur, Spanish police then asked the two soldiers to call their colleagues in the hotel in order to collect their luggage and return to Gibraltar, which took place at midnight on Monday 18th March.

The Spanish press has stated that it is common for soldiers to try to stay in Spanish territory by concealing their military status and entering while posing as tourists.

The motive for the soldiers’ presence, particularly their repeated trips across the border, remains unknown.

The military drills in the area seem to suggest that the soldiers may have taken part in or be due to take part in further exercises and wanted to enter as tourists.

Spanish media also suggests that they could have been testing the porosity of the border, though these claims remain unsubstantiated.

Gibraltar’s post-Brexit status still remains unresolved. The EU and UK government are now onto their 18th round of treaty negotiations after the framework agreement between London and Madrid made on New Year’s Eve 2020 essentially ‘fudged’ the border issue, leaving Gibraltar’s status within the Schengen area undefined.

Spain’s Foreign Minister José Manuel Albares said in late-2023 that “we are very, very close” to finalising a Brexit agreement.

“I would sign a deal with Britain over Gibraltar tomorrow,” Albares told journalists at the time. Yet no agreement was made, despite the Minister’s positivity, nor the appointment of former UK Prime Minister David Cameron as Foreign Secretary.

Albares’ comments came at a time when it was reported in the Spanish press that many UK nationals have been using fake hotel bookings in order to try and bypass the Schengen rules and trick their way through border checks.

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