At Lexmovea, we offer specialized services for filing appeals in case of denial of immigration applications. We detail the three types of appeals available, how we can assist you in managing each one, and the circumstances in which we should choose the appropriate one.
What is an Immigration Appeal and Why is it Crucial for Your Case?
An immigration appeal is a fundamental legal tool for those who have received an unfavorable decision regarding their residence application, residence card renewal, or other immigration procedures. It provides an opportunity to formally express your disagreement before the competent authorities and request a thorough review of your case.
In essence, an appeal allows you to demonstrate that you meet the legal requirements or that there has been an error in the evaluation of your application. To do so, it is crucial to base your appeal on solid arguments and evidence that support your right to obtain a favorable decision.
Legal Framework
The regulation of immigration appeals is mainly based on the following laws:
- Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations: Regulates administrative appeals.
- Law 29/1998, of July 13, regulating Contentious-Administrative Jurisdiction: Regulates the contentious-administrative appeal.
Types of Appeals
If you have received an unfavorable decision regarding your immigration procedure, do not be discouraged. There are different appeal options available that allow you to defend your rights and seek a solution. It is important to remember that each case is unique and requires a detailed analysis to determine the most appropriate appeal strategy. Below, we detail the three most common types of appeals you may face. Above all, it is crucial to be clear about the deadlines and the moment when the denial is notified.
Appeal for Reconsideration
The immigration appeal for reconsideration is submitted to the same administrative body that issued the denial. It is an opportunity to provide additional documentation and solid arguments that may reverse the decision. This appeal must be filed within one month from the notification of the denial. Although it may seem ineffective since the same body reviews its decision, in many cases, we have been able to achieve favorable results for our clients through this appeal.
Appeal for Review
The immigration appeal for review is filed with the higher administrative body that issued the denial. This appeal is mandatory before moving to the judicial route and must be submitted within one month from the notification of the denial. The administration has three months to resolve this appeal. If no response is received within this period, it will be considered denied by administrative silence.
Contentious-Administrative Appeal
If both administrative appeals have been rejected, the judicial route can be pursued through a contentious-administrative appeal. This appeal is submitted to the courts and must be filed within two months of the notification of the final denial. This process is longer and more costly, as it requires representation by a lawyer and a court representative, but it provides an independent judicial review of the administrative decision. While each case must be studied in detail, we always recommend exhausting the administrative route before resorting to the contentious-administrative appeal in immigration matters.
Process and Required Documentation
To file any appeal, it is essential to prepare a formal document that includes at least the following points:
- Full name of the applicant.
- Foreign Identification Number (NIE).
- Act being appealed and the reason for challenging it.
- The body to which the appeal is directed, along with its corresponding identification code.
- Date, place, and signature of the applicant.
It is not mandatory for the appeal to be drafted by a specialized lawyer to ensure its effectiveness. Certain appeals, such as the appeal for reconsideration and the appeal for review, can be filed by the applicant themselves, but we always recommend having a clear understanding of legal concepts and seeking advice from an expert in the field. It is always advisable to identify any potential errors in the resolution and prepare the appeal thoroughly to maximize the chances of success.
Is It Worth Filing an Appeal in Immigration?
Filing an appeal is a viable option that can offer new opportunities and significant benefits. We have had many successful appeals in immigration matters, both administrative and judicial, where the client was right, but the administration initially did not grant the corresponding permit.
Why is it Recommended to File an Appeal?
- No financial cost: Immigration appeals do not incur additional fees or costs, so there is nothing to lose financially, except for contentious-administrative cases.
- Right to stay during the process: While the appeal is being processed, the execution of the denial resolution is suspended, meaning you can legally remain in Spain and avoid potential issues with expulsion.
- Possibility of reversing the decision: A well-founded and argued appeal can lead the administration to reconsider its initial decision and grant the requested authorization.
- Defense of your rights: Filing an appeal allows you to assert your rights and ensure your case is evaluated fairly and in accordance with the law.
When is it Recommended to File an Appeal?
If you believe that your application met all legal requirements and the denial was unfair or based on an error, filing an appeal is highly recommended. Additionally, if your personal situation has changed since the initial application, the appeal allows you to update your information and demonstrate that you now meet the requirements. Appeals would also be a possible route in these cases. We always recommend being well-advised by an expert to have the highest chances of success in the procedure.
Questions and Answers About Immigration Appeals
In Lexmovea, we offer a comprehensive legal advisory and representation service for immigration appeals. Our team of experts will analyze your situation, explain the different available options, and guide you through the entire process to maximize your chances of success.
Can I Travel if I Have Filed an Appeal?
During the processing of an administrative appeal, it is not recommended to leave Spain, as you may face problems when trying to return. This situation differs from the renewal in progress, where a return authorization can be requested. In the case of appeals, this authorization is not applicable, so it is advised to remain in Spain until you receive the resolution. If you leave Spain, you may be subject to an expulsion order or be denied re-entry to the country.
What Should You Consider Before Filing an Appeal?
It is essential to carefully analyze the reasons for the denial and assess the chances of success for the appeal. Seeking advice from an immigration lawyer is crucial to determine the feasibility of your case and prepare a solid legal strategy.
How Long Does an Immigration Appeal Take?
Many of our clients ask, “How long does an immigration appeal take?” The appeal for reconsideration in immigration typically takes between 1 and 3 months to resolve, depending on the workload of the corresponding immigration office. However, in some cases, it may take longer. If no response is received within one month, it will be considered denied by administrative silence, allowing you to opt for a contentious-administrative appeal.
What is the Difference Between the Appeal for Review and the Appeal for Reconsideration?
The difference between the appeal for review and the appeal for reconsideration is that the appeal for review is filed before a higher body to review the decision, while the appeal for reconsideration is filed before the same body that issued the resolution, requesting that it reconsider the decision. The choice depends on whether the resolution ends the administrative process. It is crucial to act on time and choose the appropriate appeal in immigration matters.
Is There a Law Allowing Work During the Appeal for Reconsideration?
A common question from our clients is, “Can I work with the appeal for reconsideration?” No, filing an appeal for reconsideration does not automatically allow you to work. If your permit was valid before the denial, you can continue working until the resolution of the appeal. However, if the permit was denied or expired, you will not be able to work legally until a favorable response is obtained.
Where Can I Obtain the Model for the Appeal for Reconsideration for Denial of Spanish Nationality?
You can obtain the immigration appeal for reconsideration model for the denial of Spanish nationality on the official website of the Ministry of Justice or by going to a public registry office. You can also consult with an immigration lawyer to ensure that the appeal for reconsideration model is correctly drafted and tailored to your specific case. It is crucial that the model for the immigration appeal for visa denial in Spain is correctly completed to successfully obtain Spanish nationality.
How Long Does an Immigration Appeal Take?
The resolution time for an immigration appeal varies depending on its type. An appeal for reconsideration typically takes around one month, while the appeal for review can take up to three months. On the other hand, a contentious-administrative appeal can take between 6 months and 2 years. Having a specialized lawyer is key to ensuring an efficient appeal process for the appeal for review.
Where to Submit the Immigration Appeal for Reconsideration?
The appeal for reconsideration in immigration must be submitted to the same administrative body that issued the resolution you wish to challenge. For example, if the denial was issued by the Government Subdelegation, the appeal should be submitted at that same office or through official registration channels, such as the electronic registration of the Administration. It is important to comply with the one-month deadline from the notification for the appeal to be accepted for processing.
Where to Check the Status of the Immigration Appeal for Reconsideration?
You can check the status of your immigration appeal for reconsideration through the Immigration Electronic Headquarters using your file number or at the Immigration Office where you submitted it. You can also contact by phone or email, depending on the province. It is crucial to have your file number or a copy of the appeal to facilitate the consultation.
Can I File a Contentious-Administrative Appeal Without a Lawyer?
No, to file a contentious-administrative appeal in Spain, you need to have a lawyer and a court representative. It is a legal requirement to ensure proper representation and defense during the judicial process. Although you can draft the initial appeal, it will be necessary for a lawyer to sign it and for a court representative to present it to the competent court.
What is a Contentious-Administrative Appeal?
A contentious-administrative appeal allows you to challenge decisions made by public administration before a court. Its goal is for a judge to review the legality of the act and, if appropriate, annul or modify it, thereby protecting the rights of the affected party.
Can I File the Immigration Appeal for Reconsideration with a Digital Certificate?
Yes, you can file an immigration appeal for reconsideration with a digital certificate through the electronic headquarters of the relevant body. This method is fast and secure, allowing you to handle the procedure without needing to travel. Be sure to meet the deadlines and submit the necessary documentation.
Can I File an Immigration Appeal Electronically?
Yes, you can file an immigration appeal electronically through the relevant body’s electronic headquarters, using a digital certificate or authorized email. This method is fast, secure, and allows you to avoid physical travel. Be sure to meet the established deadlines and submit all required documentation correctly.
What Does “In the Appeal Process” in Immigration Mean?
“In the appeal process” in immigration means that an initial resolution has been challenged and is being reviewed. It is a key process where the arguments and evidence presented are evaluated to decide whether the original decision will be modified or upheld. Legal advice can be crucial for success.