Sterna Abogados: especialistas en derecho de extranjería. En Madrid.

  • Abogados expertos en Derecho de Extranjería en Madrid
  • Homologación de documentos y tarjetas de estudiantes

    Permiso de residencia por arraigo

  • Derecho de extranjería y casos de residencia de larga duración

    Obtención de la nacionalidad

  • Derechos de los inmigrantes en España

    Ven a España con permiso de trabajo

Sterna Abogados: servicios legales especializados en la movilidad internacional

Sterna Abogados: expertos en extranjería

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SEPHARDIC JEWS MAY EASILY REQUEST SPANISH NATIONALITY

SEPHARDIC JEWS MAY EASILY REQUEST SPANISH NATIONALITY

Spanish legislation has provided ways for Sephardic Jews to request Spanish nationality.  Article 21 states that Sephardic Jews may apply for Spanish nationality by submitting a certificate of naturalization.  Article 22 states that Spanish nationality may be requested after providing proof of two years of residency in our country.


Our legislation has gone a step further towards the integration of this community of people into our society by approving a preliminary draft to the law on behalf of the Council of Ministers regarding the modification of the Civil Code article 23.

Once this reform takes effect, Sephardic Jews may be granted a Spanish passport without having to renounce their nationality of origin.  The following are forms of evidence that may be submitted to prove ones Sephardic legacy:


  • A certificate issued by the Secretary General of the Federation of Jewish Communities in Spain confirming that the applicant belongs to the Sephardic community.
  • Certificate from a rabbinical academy signed by a competent authority, legally recognized in the country of the applicant´s habitual residence.  The applicant may also submit any other documentation that he deems suitable.
  • By the applicant´s last names or familiar language or other indications that may prove his relation to the Sephardic community.
  • By including a petitioner, a direct descendant included in the protected families list by Spain, by the agreement with Egypt or Greece following the Royal Decree of 29 December 1948 or any other list of similar formality, or finally by way of the Royal Decree of 20 December 1924.
  • Through the individual´s relationship with a person or family mentioned in the previous paragraph.


We are at your disposal for further questions or doubts.


Translated by: Katherine Pascal
STUDENT RESIDENCE CARD RENEWAL REJECTIONS

STUDENT RESIDENCE CARD RENEWAL REJECTIONS

All foreigners who intend to carry out studies, conduct research or participate in an internship program in Spain for a period of more than 6 months must request a student visa. Upon arrival in Spain, the student must request the corresponding student residence card that is valid for one year. If the student wishes to extend their studies after the first year, then they must apply for the student residence card renewal.

What are the complications that may arise when applying for the renewal? 

Applying for the renewal can be complicated and may be rejected in the following scenarios:

1. If the student has not passed all of his courses and corresponding exams.

2. If the student changes his area of studies to something other than what is specifically stated in his initial acceptance letter. Students may only study the course, degree or master for which he was admitted and issued the student visa in the first place.

3. If the student changes universities or learning centers. The original student residence card is linked to the study or research center where the student originally planned on carrying out his studies. For this reason, if the student wants to renew that same card, he must stay in the same educational establishment.

4. If the student fails to provide sufficient proof of funds to cover all living expenses in Spain.

5. If the students uses his student residence card as a work permit. Immigration officials can check to see if students have worked illegally using their student residence card. If the student has worked illegally, then their renewal application may be rejected.
THE NEW LAW FOR ENTREPRENEURS

THE NEW LAW FOR ENTREPRENEURS

The New Law for Entrepreneurs has made the process of hiring highly qualified personnel much easier. Before the law was put into effect, the options for hiring highly qualified foreigners required excessive documentation and financial solvency that had to be presented in person by a company representative.  Administration also had up to three months to come to a decision and notify the company.

Many companies ran into problems before the New Law for Entrpreneurs came into effect in 2013 because if they chose to hire a foreigner who has not lived in Spain for three consecutive years, then that foreigner was subject to the national employment situation, thus not guaranteeing immigration approval.  It was also difficult to hire foreigners currently living outside of Spain.

The New Law for Entrepreneurs has simplified the process of hiring highly qualified personnel. Foreigners residing inside as well as outside of Spain may apply.  The amount of documentation required upon submitting the application has been reduced significantly and the company has the option to authorize another person to submit the application on their behalf.  Administration will come to a decision and notify the company in only 20 days.

If the foreigner is residing outside of Spain, after being approved he must request the corresponding residence visa at the Spanish consulate where he resides.  If the foreigner is currently residing in Spain, then he does not need to request a new visa and may apply for his residence and work permit immediately.
LONG-TERM RESIDENCE PERMIT AUTHORIZATION

LONG-TERM RESIDENCE PERMIT AUTHORIZATION

I HAVE LOST MY LONG-TERM RESIDENCE PERMIT.  CAN I GET IT BACK?

You may reclaim your long-term residence permit if your initial one has expired due to the fact that you were absent from EU territory for a period of 12 consecutive months, or if you acquired
it in another Member State.  



You may also request a new one if the you have returned to Spain after your no-return period is up.


WHAT DO I NEED TO APPLY FOR A NEW ONE?

You must fill out, sign and submit two copies of the official application model along with a complete copy of your passport or travel document (valid for at least four months), and a police background check or its equivalent if you are of age.  It must be issued by police authorities in your country of origin or of residence during the last five years.  It is imperative that you submit a medical certificate as well.

All documentation must be translated into castilian Spanish or the co-official language of the province where you are submitting your application.

You must fulfil all necessary established requirements for this procedure before submitting your paperwork, such as having no criminal record and not finding yourself in an irregular situation of stay on Spanish terriroty.


Translated by: Katherine Pascal

WHAT IS AN EMPADRONAMIENTO AND WHAT PURPOSE DOES IT SERVE?

WHAT IS AN EMPADRONAMIENTO AND WHAT PURPOSE DOES IT SERVE?

A municipal registry is an administrative record listing all of the people who live in a given municipality and it acts as proof of exactly where individuals reside.  In Spain, everyone is required by law to register their name with the municipal registry in their place of residence.

Why do foreigners need an empadronamiento?


If you are a foreigner, it is very important that you sign up in the municipal registry as soon as you move to Spain because it will prove how long you have been living in the country, regardless of your legal situation or nationality.  Being registered will also be necessary for requesting documents and carrying out other procedures, such as getting a healthcare card, a residence and work permit, or in general all immigration procedures.  The empadronamiento is key for requesting an arraigo or social benefits, so don´t hestitate to sign up even if you are in an irregular situation of stay in our country.

In order register you must go to the town hall corresponding to district where you live in Spain.

When you go for your appointment you will have to submit certain documentation.  You must fill out the registration form and submit it with your identification card.  Foreigners may submit either their passport or their NIE (foreigner identification card).  EU community citizens may show their ID card from their home country.


You must also submit your signed housing contract/ lease or property title.

Finally, you cannot be registered in two municipalities at the same time.  If you are already registered in one and go to register in another, the new municipality will contact the former one resulting in deregistration from the first.


Translated by: Katherine Pascal

13 FOREIGNERS DETAINED FOR CIVIL UNION PARTNERSHIP SIMULATION

13 FOREIGNERS DETAINED FOR CIVIL UNION PARTNERSHIP SIMULATION



Several officers from the local police station in Puertollano (Ciudad Real) detained 13 foreign citizens as suspects of a serious infringement of the Immigration Law.  These foreigners pretended to be in partnerships with Spanish citizens to regularize their stay in Spain.

The purpose of the investigation (which was initiated when government officials became aware that it could be fraud) was to find out if the foreigners who contracted a marriage with a Spaniard did so to obtain legal working papers to be able to reside in Spain and benefit from the system.  Not only does the foreign citizen benefit from the this legal partnership, but so do his family members as they may then obtain an EU family member residence permit.

Consequently, the results of the investigation proved that the foreign citizens had other families and that their civil union filed in the Civil Registry was indeed a fraud according to the press release given by the Government Delegation.


Translated by: Katherine Pascal


REDUCED NUMBER OF CITIZEN COMPLAINTS REGARDING IMMIGRATION

REDUCED NUMBER OF CITIZEN COMPLAINTS REGARDING IMMIGRATION

Citizen complaints to the Ombudsman related to Aliens and Immigration Law fell 12.4% in 2013.



Every month the Ombudsman submits a document covering the opinions and complaints of those affected by the Aliens and Immigration Law.  In his latest, he emphasizes the following:

¨the politics of immigration law, and more so immigration management, affect not only foreign nationals but also Spanish nationals. Millions of citizens are dealing with labor, commercial, professional and familiar administrative procedures that are very similar to the ones overseen by the Ombudsman.¨

(¨cada vez más la política de inmigración y, más allá de ella, la gestión de la extranjería, es cuestión que afecta tanto a los no nacionales como a los españoles". Muy especialmente a los millones de conciudadanos que por razón de sus vínculos afectivos, familiares, profesionales, laborales o comerciales se ven concernidos por procedimientos y actuaciones administrativas como las que diariamente supervisa el Defensor del Pueblo".)

Over the past year we have seen the biggest rise in procedures linked to the Civil Registry. From 2010 to 2013, there were 600,732 nationality by residence applications. By the 31st of December 2013, 395,880 of them were resolved. The majority of complaints regarding these procedures had to do with the delay in processing the applications, especially those presented in 2008-2010.

Among those who have been greatly affected by this delay are those foreign nationals who still haven´t initiated their residency applications because their legal status in Spain depends on the employment situation of family members who are waiting for their nationality application to be resolved. 


Translated by: Katherine Pascal
EU COMMUNITY RESIDENCE CARD

EU COMMUNITY RESIDENCE CARD

Family members of Spanish citizens or other European Union Member State citizens who are not themselves EU Member State nationals may request a EU community residence card to reunite with their family or reside in Spain for a period of more than three months.

The Spanish national must request the EU community residence card for their family member at the Immigation Office or the corresponding police station in the province where he resides.  This application must be submitted within three months from the family member´s entry into Spain.  Once requested, the family member will be given a stamped receipt (un resguardo) certifying the initiation of the procedure and accrediting that the applicant, or the family member requesting the EU community residence card, is legally residing in the country until he is granted the permit.

The time frame for obtaining the EU community residence card is approximately three months.  It is valid for five years from the date of issue.  Keep in mind that you must pay the corresponding administrative fees (around 10€) prior to handing in the application.

Along with the application you must submit certain documentation that varies depending on the age of the applicant and his employment status (self-employment, paid employment...)  In general, the following documents are required:


  • Two copies of the official application model EX19
  • Complete copy of the family member´s passport
  • Supporting documentation of familiar relation
  • DNI of the EU Member State citizen
  • Three color photos

The non-EU citizen must also submit all the documentation specified on the Secretariat of State for Immigration and Emigration website:   http://extranjeros.empleo.gob.es/es/index.html.


Translated by: Katherine Pascal


MASSIVE INFLUX OF IMMIGRANTS IN MELILLA

MASSIVE INFLUX OF IMMIGRANTS IN MELILLA

At nearly 6:00 am on February 28th 2014 more than 200 immigrants successfully managed to scale the main border fence between Morocco and Melilla, violently attacking Civil Guard officers. This was the largest flow of Sub-Saharan immigrants in this autonomous city since 2005.  More than 300 immigrants participated in the jump, throwing all types of objects such as rocks, sticks and bottles at the Civil Guards.



The massive influx followed an intense night of surveillance at the border where various groups of hundreds of immigrants were seen approaching the fence.  According to the delegation they disappeared shortly after.

The Center of Temporary Stay of Immigrants (CETI) recorded the arrival of 214 Sub-Saharan immigrants that were provided with food and clothing by the center staff and the Red Cross. With the center overflowing with immigrants, the immigrants took off chanting and singing after jumping the fence making their way through different parts of the city.  According to the government delegation no one else was seriously injured apart from the agent who was assaulted by one of the immigrants who was immediately detained as an alleged perpetrator of a serious offence against an official of authority.


Translated by:  Katherine Pascal
MARRIAGE TO A FOREIGNER

MARRIAGE TO A FOREIGNER

Foreigners wishing to get married in Spain may celebrate it in compliance with the Spanish Civil Code. Spanish communities determine the law regarding marriages between foreigners and Spaniards. Both partners must fill out the application and submit it at the civil registry in the autonomous community where either one of the applicants resides.



The following documentation is required:


  • Official birth certificate issued by the civil registry in the applicant´s country of origin (for both partners).
  • Municipal registration or residency accrediting the applicant´s residency over the last two years.
  • A marriage petition signed by both partners.
  • Affidavit or affirmation confirming the marital status of both partners.
  • Photocopy of both partner´s ID card: DNI, passport or residence card.


Translated by:  Katherine Pascal
ACQUISITION OF SPANISH NATIONALITY

ACQUISITION OF SPANISH NATIONALITY

*By birth or by descent-  The traditional doctrine distinguishes between acquisition of nationality by birth in the territory of the State and acquisition of nationality by descent whereby the child acquires the nationality of his parents.  In some cases, individuals of Spanish origin held a nationality other than Spanish at the time of birth.


According to the Spanish Constitution, no individual of Spanish origin may be deprived of his nationality (art.11.2) which excludes deprivation by court ordered or administrative sanctions. Article 11.3 of the Spanish Constitution states that Spaniards do not lose their nationality even if they acquire another nationality from an Ibero-American country or from any of the countries that has an agreement with Spain, such as the following:


  • Andorra
  • Philippines
  • Equatorial Guinea
  • Portugal

*Automatic Nationality- Spanish nationality is acquired automatically without having to declare it, have it authorized by an authority, nor register it with the Civil Registry when dealing with individuals linked by parentage, minors adopted by Spaniards, etc.


Translated by:  Katherine Pascal
LEGALIZATION OF FOREIGN PUBLIC DOCUMENTS

LEGALIZATION OF FOREIGN PUBLIC DOCUMENTS


Legalization of foreign public documents is the process by which legal authorities validate the foreign documents by checking the authenticity and quality of the signature on the document.    

In order for a foreign public document to be valid in Spain, it must be properly legalized unless it is excused by legal action.  Spanish documents must also be legalized to be valid overseas.

In order to facilitate the legalization process, countries have signed agreements to simplify this procedure.  The Hague Convention for example abolishes the requirement for the legalization process of foreign public documents for all signatory countries thus replacing it with a common stamp or apostille.

Certified or notarized copies of documents and their originals issued by Public Administration Authorities may be legalized.  The following are examples of documents that may be used overseas once they are legalized: birth certificates, marriage certificates, death certificates, scriptures or deeds etc.  

Translated by: Katherine Pascal

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