Administrative Litigation Appeal for Spanish Nationality

At Lexmovea, we offer comprehensive services for filing the Spanish nationality administrative contentious appeal. Our team of specialized lawyers will represent your interests, ensuring efficient and professional management of your case. We handle the entire process, from preparing the documentation to representing you before the National Court, aiming to maximize your chances of success.

Spanish Nationality Administrative Contested Appeal

The Spanish nationality administrative contentious appeal, also known as the acceleration of Spanish nationality, is a fundamental legal mechanism for those whose nationality application has been denied or has not been resolved within the period established by law. This appeal is filed before the Administrative Chamber of the National Court and aims to revoke the unfavorable administrative decision, thus guaranteeing the applicant’s right to Spanish nationality.

What is the Spanish Nationality Administrative Contentious Appeal?

The administrative contentious appeal is a judicial means to challenge explicit or presumed acts of the Public Administration that end the administrative process. In the case of Spanish nationality, it is used when the Administration denies the nationality application or fails to resolve it within one year from its submission to the Directorate General of Registers and Notaries, in accordance with Article 11.3 of Royal Decree 1004/2015.

Why Lexmovea is your best option for an Administrative Litigation Appeal for Spanish Nationality

At Lexmovea, we have a team of lawyers specializing in administrative and immigration law with extensive experience in filing and defending Spanish nationality contentious-administrative appeals. Our in-depth knowledge of the legislation and case law in this area allows us to offer high-quality service, maximizing the chances of success in your nationality appeal.

Benefits of hiring Lexmovea:

We have many years of experience in handling “Spanish Nationality Accelerations,” so we are very familiar with the procedure. That’s why we always offer our expertise in contentious-administrative matters, which stands out for:

• Experience and Specialization: Our team of lawyers has extensive knowledge and experience in Spanish nationality contentious-administrative appeals.
• Thorough Analysis: We conduct a detailed analysis of your case to determine the viability of the appeal and design the most suitable legal strategy to expedite the Spanish nationality process.
• Comprehensive Representation: We represent you in all stages of the process, from preparing and filing the appeal to presenting the oral defense before the National Court in your nationality appeal.
• Constant Communication: We keep you informed at all times about the status of your contentious-administrative appeal and the actions we are taking.
• Commitment to Success: We work tirelessly to achieve a favorable resolution in your nationality appeal.

Phases of the nationality acceleration procedure

1. Filing the contested administrative appeal for nationality.
2. Admission by the judicial secretary.
3. Request to the Administration to submit the administrative file within twenty business days.
4. Possible repetition and penalty if the file submission is not complied with

In case of a negative decision due to administrative silence, the process can be resolved in approximately three months through “extrajudicial satisfaction of the claim.”

How can we help you with the administrative appeal for nationality?

If your Spanish nationality application has been denied or has not been resolved within the legally established period of at least one year, don’t hesitate to contact Lexmovea. Our expert team of lawyers will provide you with the legal advice and representation you need to defend your rights and obtain Spanish nationality. This resolution process for accelerating nationality typically takes around 2 to 3 months from the time the demand is filed with the corresponding authority.

Don’t miss the opportunity to obtain Spanish nationality! Contact us today and schedule a consultation with our experts.

Frequently Asked Questions about Accelerating Spanish Nationality

1. What is a contested administrative appeal? A contested administrative appeal is a type of lawsuit filed with the courts when a person or entity disagrees with a decision from a public administration and seeks judicial review to annul or modify it. In the context of Spanish nationality, the contested nationality appeal is specific for cases where the application for nationality by residence has been denied or has not received a response within the stipulated timeframe. This appeal allows the applicant to challenge the negative decision or the administrative inaction, bringing the case before the National Court, where a judge will evaluate whether the requirements for granting nationality are met.
2. Is an express or presumed decision required to file the appeal? Yes, the appeal can be filed either in response to an express or presumed negative decision, with administrative silence applying in the latter case. The most common situation is where the negative silence from the administration after one year without a resolution allows us to file this contested administrative appeal for accelerating nationality.
3. Is it mandatory to file the contested administrative appeal? No, filing the appeal is optional. The interested party can either wait for the administration’s response or consider their application denied due to administrative silence and take judicial action. However, we recommend filing this acceleration of nationality appeal when more than a year has passed waiting for a resolution from the Ministry of Justice.
4. What is required to file the appeal? You need to have the services of a lawyer and a legal representative, authorized with a Notarial Power of Attorney, to represent the applicant before the National Court. The appeal starts with a petition citing the provision, act, inactivity, or action being challenged and requesting the acceptance of the appeal. If there are no third parties involved, it can also be initiated by a lawsuit.
5. What documents should accompany the contested appeal for Spanish nationality? These are the documents that should accompany the contested administrative appeal for nationality:
   • Document accrediting the representation of the appearing party.
   • Documents proving the legitimacy of the party.
   • Identification of the responsible body if challenging inactivity or an unlawful action.
   • Documents proving compliance with requirements for legal entities.
6. What happens if the documents are incomplete? If the documents are incomplete or missing, the judicial secretary will require their correction within ten days. If not corrected, the judge or court may order the case to be archived.
7. Where is the appeal filed? The appeal for Spanish nationality is filed in the Administrative Court of the National Court.
8. How long does the acceleration of nationality process take? On average, it takes between 2 to 5 months from the time the appeal is filed.
9. Is it advisable to file the contested administrative appeal for nationality? It is advisable as long as you are certain you meet the legal requirements for a favorable resolution of the “nationality appeal.” Otherwise, it could result in a rejection and the payment of legal costs.
10. Can the contested administrative appeal be filed without a lawyer? No, in the case of contested administrative appeals, representation by a lawyer and legal representative is mandatory. These professionals are responsible for filing the lawsuit and managing the process in court on behalf of the interested party, as the procedure requires specific legal knowledge and compliance with formalities that only they can fulfill.
11. How much does a contested administrative appeal to accelerate Spanish nationality cost? The cost of the contested administrative appeal varies depending on factors like case complexity and lawyer and legal representative fees, which are mandatory. For a simple case, lawyer fees can range between 500€ and 1600€.
12. How to file a contested administrative appeal for Spanish nationality? Not everyone can file a contested administrative appeal for accelerating Spanish nationality; this must be done by qualified professionals such as registered lawyers.
13. What happens if there is administrative silence in my administrative nationality appeal? If your Spanish nationality appeal faces administrative silence (no response within three months), it is considered dismissed. You can file a contested administrative appeal with the courts within two months. It is crucial to act quickly and seek legal advice to protect your rights and submit the documentation correctly.