What to do if your Arraigo Application is denied in Spain?

Applying for Temporary Residence Authorization for Exceptional Circumstances, commonly known as arraigo, is one of the main ways for foreign nationals to regularize their status in Spain. If your application has been denied, it can be a frustrating and disheartening experience. However, it’s important to know that in many cases, there are steps you can take to reverse the decision or reapply with a stronger case.

At Galilea Abogados, we understand how important this process is for you and your family. That’s why we’re providing a comprehensive guide on what to do after a denial, the most common reasons for rejection, and how to avoid future mistakes.

Common Reasons for Arraigo Denial

While every case is unique, there are common patterns in denial decisions:

1. Incomplete Documentation or Administrative Errors:
   • Missing, expired, or untranslated documents.
   • Mistakes in forms or inaccurate information provided.
   • Failing to submit required certificates such as criminal records or proof of residency.
2. Failure to Meet Specific Requirements:
   • Not having the minimum period of continuous residence required for the specific type of arraigo.
   • Lack of a valid work contract or a negative social integration report.
   • Criminal records in Spain or the applicant’s home country.
3. Missed Deadlines:
   • Filing the application outside the required timeframe.
   • Not correcting errors within the period allowed by the authorities.
4. Issues with the Social Integration Report:
   • This document, issued by social services, may be negative if it fails to demonstrate sufficient community integration.

Steps to Take After a Denial

1. Analyze the Denial Resolution:
   The administrative resolution will specify the reasons for the rejection. Understanding these reasons will help you identify whether the denial is due to an error, non-compliance with a requirement, or missing documentation.
2. Consult with a Specialized Lawyer:
   At Galilea Abogados, we provide personalized case analysis to identify the best strategy. Not all denials are final, and there are often legal avenues to reverse the decision.
3. File an Administrative Appeal:
   If the denial is due to administrative errors or missing documents that you now have, you can file an appeal:
   • Deadline: You have one month from the notification date to file an appeal.
   • Resolution Time: The administration has three months to respond. If they do not, the appeal is considered denied by administrative silence.
4. Consider Legal Action:
   If your administrative appeal is unsuccessful, you can file a contentious-administrative appeal in court. While this process is more complex, it is a valid option in cases of unjustified rejections.
5. Prepare a New Application:
   If the denial is justified and cannot be appealed, the best course of action may be to submit a new application. Ensure that you:
   • Meet all specific requirements: Verify that you now meet the residency duration, have a valid work contract, or have an updated integration report.
   • Gather all necessary documentation: Ensure that all documents are current, translated, and legalized if necessary.
   • Avoid errors in forms: Double-check all forms and attachments to ensure accuracy.

Why Acting Quickly is Crucial

A denial not only delays your regularization process but also carries significant consequences:

1. Prolonged Irregular Status:
   Remaining without a residence permit leaves you vulnerable, with limited access to essential public services and no legal ability to work.
2. Difficulties Integrating Socially and Economically:
   Without regularized status, you may face barriers to housing, education, and formal employment, complicating your integration in Spain.
3. Impact on Future Applications:
   A prior denial may be considered in subsequent applications, making it even more critical to correct any errors or deficiencies before reapplying.

Benefits of Obtaining Arraigo

Arraigo is more than just a residence permit; it’s an opportunity to build a stable future in Spain. Its benefits include:

• Residence and Work Authorization:
  It allows you to work legally, improving your financial and job stability.
• Access to Essential Public Services:
  With arraigo, you can benefit from public healthcare, education, and other services essential for you and your family.
• A Path to More Stable Permits and Spanish Nationality:
  Arraigo can serve as the first step toward obtaining more durable residence permits and even Spanish citizenship in the future.
• Facilitates Family Reunification:
  Regularizing your status makes it easier to bring family members to Spain or stabilize their situation if they are already here.

Why Choose Galilea Abogados?

At Galilea Abogados, we understand that the arraigo process can be complex and stressful, especially after a denial. Our team of immigration experts is dedicated to providing personalized advice and effective solutions tailored to your situation.

Our services include:

• Detailed Case Analysis: We identify the reasons for your denial and propose a suitable plan of action.
• Handling Administrative and Legal Appeals: We manage the appeal process to defend your rights before administrative bodies or courts.
• Preparing New Applications: We ensure every detail is covered to maximize your chances of success.

Don’t let a denial stop you from achieving regularization. Contact us today and take the first step toward resolving your legal status in Spain.