We are receiving many clients who would like to appeal their residency administrative decisions.
There is a lot of confusion about the contentious administrative appeal. In this blog post, we would like to respond to the most common questions.
What is the Contentious Administrative Appeal?
The contentious administrative appeal is the one that you can submit once you have the administration’s final decision. If you disagree with this final decision, you may ask the Administrative Courts to review the action.
When can I submit the Contentious Administrative Appeal?
You will have two months from the notification of the final administrative resolution to submit the contentious administrative appeal.
How long does the Contentious Administrative Appeal take?
The whole procedure can take, in our experience, on average and roughly 6 to 24 months.
What are the steps involved in a Contentious Administrative claim?
Initially, these are the steps involved in a Contentious Administrative claim if the counterparty refuses to honour your rights:
- – Initial announcement of claim
- – Delivery of file to claimer
- – 20 days for the claimer to issue the lawsuit
- – Hearing, if the parties decide so
- – Court decision
I appealed the initial denial letter, and my residency was rejected, but the administration’s final decision does not state anything about leaving the country. Can I stay in Spain?
You will be under the 90/180 days rule. More information about this rule is here: The Schengen 90/180-day rule puzzle explained.
Therefore, if your residency was rejected and you have exceeded the time limit according to the 90/180 days rule, you will be under an irregular legal situation in Spain, as you do not have legal residency.
If you stay in Spain, you will risk being deported and not being allowed to re-enter.
Can I stay in Spain during my residency appeal process?
As pointed out above, if you have exceeded the time limit according to the 90/180 days rule, you cannot remain in Spain during the process.
How can I remain in Spain during my residency appeal process?
We usually request precautionary measures to the judge at the same time that we submit the contentious administrative appeal.
If the judge grants the precautionary measures, you will be allowed to remain in Spain during the process.
The judge allowed me to remain in Spain during the process. Does it mean that I can live in Spain and am allowed to travel to the UK?
No. You do not have legal residency in Spain; you only have the permission of the judge to remain in Spain during the process.
Do I need to appear in Courts?
No. As you have signed a Power of Attorney, your lawyers will represent you in Courts.
Will I have a second appeal at Courts?
Judicial decisions of the first instance Administrative Court can be challenged against in a new Appeal before upper Court.
Sara Velasco
Sara is the newest addition to the Costaluz Lawyer team. Bilingual, Sara is currently focused on Immigration and Private International Law at Costaluz. She specialises in Civil Law, Contract Law, and Real Estate Law. For more information see Sara Velasco’s author profile.
