Did you know that you can expedite the Spanish Nationality by Residence file if you file a contentious administrative appeal? How to expedite the process of Spanish Nationality by Residence? FromHernandez Castillo Lawyerswe bring you all the details.
Expediting the granting of Spanish Nationality by Residence is one of the wishes of our clients, not only because of the benefits that this implies, but also because they would no longer have to worry about having to renew a residence permit or the fear of falling into an irregular situation.
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How to expedite the file of Spanish Nationality by Residence?
The expediting of the process of Spanish Nationality by Residence is possible through the filing of a contentious administrative appeal before the national court.
Article 11.3 et seq. of Royal Decree 1004 of 2015, which approved the regulation regulating the procedure for the acquisition of Spanish nationality by residence by residence, textually establishes the following:
“The procedure must be resolved and notified within a maximum period of one year from the date the application was entered in the General Directorate of Registries and Notaries. Once the aforementioned period has elapsed without an express resolution having been rendered, the requests made by the interested parties will be understood to have been rejected.
The claim would be based on the denial of the application for Spanish nationality precisely because of the rejection of the application submitted, because a year had elapsed without a response.
In most cases, if the state lawyer to whom the filed claim is sent to rule on the matter, does not detect another cause for denial, it is accepted, resolving the case expeditiously using one of the principles that govern our legal system when the process ends early, that is, through: "extra-procedural satisfaction".
In this way, the contentious-administrative appeal filed functions as aa true impulsive to the administrative file.
When can we accelerate the Nationality by Contentious-Administrative Appeal?
If a year has elapsed since the presentation of the application for Spanish Nationality by Residence and you have not yet received a response. In order to calculate the term of 1 year, it is important to distinguish two forms of presentation:
- If it was submitted electronically this year, it is counted from the date of application.
- If this application for Spanish nationality by residence was presented by the old procedure in the Civil Registry, this year it will be counted from the date the file entered the General Registries and Notaries office in Madrid.
Who can present the contentious-administrative appeal to expedite the Spanish Nationality by Residence file before the national court?
The presentation of the contentious administrative appeal before the national court to expedite the file of Spanish nationality by residence is possible through a lawyer specializing in immigration and Spanish nationality preferably and attorney.
How much does it cost to file a contentious-administrative appeal with Hernández Castillo Abogados?
The cost to accelerate the Spanish Nationality by Residence is 800 euros.
- Our prices are minimal and are all-inclusive (lawyer's fees, attorney, power of attorney, VAT), it is also possible to divide the payment into installments.
- Our lawyers specialized in Nationality will study your case and will represent you in the filing of the Administrative Litigation appeal before the National Court that will allow you to obtain a faster response to your application for Spanish nationality.
- We will keep you informed at all times about the status of your procedure and we will advise you throughout the process in a personalized way.
How long does the contentious administrative appeal of Spanish nationality take?
Let's keep in mind that the speed depends on the number of files that the national court is processing. The response of the nationality once the appeal is filed varies in each client, there is no exact time that we can say, but the average number of cases usually comes out between 3 and 6 months from the filing of the appeal.The record time that we have had in several cases is 20 days.
Any advice before filing a contentious administrative appeal to speed up the Spanish Nationality by Residence?
Not a few clients have approached our office with the aim of filing a contentious administrative appeal to expedite the Spanish Nationality by Residence file, detecting on our part that it has been filed with errors. In these cases, we do not advise presenting this appeal at all, but rather wait for the administration to rule on the matter, so that you can make the most appropriate decisions given the specific ruling.
That is why we recommend that an expert lawyer do it for you, so you will avoid delays in the process.
What is the contentious administrative appeal of Spanish Nationality?
It's aJudicial procedementestablished in Spanish legislation whereby in the face of the denial of the application for Spanish Nationality by Residence, either due to the express refusal of the file or due to negative administrative silence, the appellant may defend his claim against the decision of the public administration before the Court of Justice, in this case, before the National Court.
Where is the National Court located?
The headquarters of theNational audienceIt is in Madrid and it is a unique jurisdictional body in Spain with competence throughout the national territory, for the hearing of certain legally established matters.
What are the frequent errors for which you can be denied Spanish Nationality by Residence?
Although we have already analyzed the main reasons why you can be denied a Spanish Nationality file by Residence, we reiteratethe main errorsin which foreigners incur:
- Present expired passport
- Not providing a copy of all the pages of the passport
- Not accrediting having passed the CCSE and/or DELE exams
- Present Spanish Nationality by Residence without accrediting exemption for the CCSE and/or DELE examin those cases where appropriate.
- Presentation of Spanish Nationality without the required legal residence time.
- Calculate the length of stay for studies as valid for Spanish Nationality.
- Have a criminal or police record.
- Absence from Spanish territory for longer than the established time.
- Having divorced from the Spanish spouse during the processing of the Spanish Nationality by Residence.
- Not having duly legalized the documentation.
- Making errors in filling in forms or documentary discrepancy required.
- Do not declare minor children in the application form for Spanish Nationality
- Submit a new Nationality application if there is one already in process.
- Do not specify the route of administrative notification.
- Not being attentive to possible requirements during the processing of the Spanish Nationality file
- Falling into a situation of supervening irregularity
Can any lawyer file a contentious administrative appeal to expedite the Spanish Nationality by Residence file?
In principle, any lawyer may file a contentious-administrative appeal before the national court, but it is recommended that an expert lawyer in immigration and Spanish nationality be contacted, since they experience this type of procedure on a daily basis.
On the other hand, there is no type of limitation that another lawyer from another Autonomous Community can file this appeal since it is done electronically.
From our post,How to expedite the file of Spanish Nationality by Residence?, the most important.
- The resolution of a file of Spanish nationality by residence generally takes more than a year, so many foreigners are interested in knowing how they can speed up that file.
- The filing of a contentious administrative appeal would be the most viable solution, since in the event that the Spanish nationality file does not have any errors, it causes the immediate solution of the case, through an anticipated solution known as: "extra-procedural satisfaction", always depending on the volume of work of the national audience. These types of resources are usually resolved in less time, and can be obtained in less than a year. Our office has a record of 20 days, although the average is usually between 3 and 6 months.
- Any lawyer can file this appeal, from any part of Spanish territory, with specialists in Immigration and Spanish Nationality being the ones recommended to carry out this type of process, due to the accumulated experience in the presentation of this type of case. Remember that this type of procedure is carried out electronically.
- The best way to expedite your Spanish Nationality file, if a year has elapsed, is by filing a contentious-administrative appeal.
- We work throughout Spain and submit applications electronically in less than 24 hours. Contact us and we will advise you in the process.
If you have applied for your Spanish Nationality by Residence and more than 12 months have passed since you submitted it without receiving a response,We can help you speed up your nationality process by filing a Contentious-Administrative appeal before the National Court. There are many clients who have trusted us to expedite their Spanish nationality process and already have their Spanish passport and ID. The most effective way to speed up the process is undoubtedly to file the Spanish nationality appeal.
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