News

RESIDENCE VISA FOR INVESTORS

Seven months after the government created the express residence visa for investors, less than one hundred immigrants have been approved. The majority of those who have been approved originate from Russia or China. This regulation has established certain requirements where only a select group of people actually benefit. These groups include investors looking to purchase

INTERNATIONAL ADOPTION

If you are interested in initiating the process to adopt internationally in Spain, it is important to distinguish between the different proceedings required in both Spain as well as the country of origin of the adopted child because, in dealing with international adoption, the Convention on the Protection of Children and Co-operation has been ratified.

INCREASE IN NATIONALITY REQUESTS IN 2013

Studies show that there has been a continuous decrease in foreigners residing in Madrid over the last few years. This could be due to the fact that the economic crisis and employment situation in Spain has brought immigrants to return to their country of origin. However, a good chunk of immigrants has been taken off

UNIVERSITY DEGREE ACCREDITATION

Foreigners who have completed their university degree in their home country may have it accredited so that it is valid in our country. You may request the accreditation of foreign univeristy degrees by submitting the necessary documentation in public registers in either the corresponding autonomous community or the Member State Administration office.

APPLYING FOR AN ARRAIGO SOCIAL WITHOUT A WORK CONTRACT

One of the exceptional circumstances that allows foreign citizens to request a residence and work permit in our country is through the procedure called arraigo social, or social integration. In shall be assumed that when applying for an arraigo social the applicant has some kind of connection or link to our country, for example relatives who

DEPENDENT FAMILY MEMBERS? WHAT DOES THAT MEAN?

Some of the immigration, visa and permit regulations covering residence and work in Spain refer to the legal concept of ¨dependent family¨or ¨dependent family members¨. This refers to Spanish nationals requesting family reunification. When establishing compliance of requirements, it is important to pinpoint the significance of ¨dependent family member¨. Directive 2004/38 establishes the Common European Framework to

PRECAUTIONARY MEASURE SUSPENDING DEPORTATION

It is recommended that in Contentious-Administrative Court cases regarding minor sanctioning administrative proceedings that may result in deportation, a protective measure should be taken to possibly suspend the decision of expulsion. For example, this should be done in cases where foreigners are being deported due to their irregular stay in our country. Due to length

Refusal of Marriage Registration Contracted Abroad

When a Spaniard marries a foreigner his must register his marriage with the Spanish Consulate where he has contracted the marriage or in the Central Spanish Registry so that such marriage may be put into effect in Spain. During the registration process, which can take more than one year, Spanish authorities study the case to

New Protocol Regulates Handling of Unaccompanied Minors

A new protocol was recently signed on behalf of various government agencies and private groups covering the responsibility of authories handling foreign unaccompanied minors who enter Spain and the desired procedure to be followed. The number of unaccompanied minors entering Spain has amounted to over 2,800 in 2013. As stated in the Immigration Law Regulations,

Residence or Long-stay Visa

We must distinguish between two very important concepts in Immigration Law which define the legal treatment as well as the rights and duties of foreigner nationals on Spanish territory. On the one hand, there are foreigners who find themselves in a situation of stay of less than 90 days in our country and who do not

Nationality Acquisition Forms

Spanish nationality applies to members of the national Spanish community. There are different types of Spanish nationality acquisition forms collected by our legal system. The following are conisiderd to be Spanish nationals according to the Spanish law: Children born either inside or outside of Spain to a Spanish mother or father. Children born in Spain to

The Supreme Court´s Decision on Foreigner Internment Center Regulations

As a response to complaints presented by various associations involved with immigrant rights, the Supreme Court has recently proceeded to override various provisions of Royal Decree 162/2014 of 14 March regarding Foreigner Internment Center Regulations (CIES), considering them contrary to the European law, the Spanish Immigration law, and the Constitutional Court jurisprudence. Specifically speaking, one

Expulsion of Foreigners

Spanish legislation covers the different cases in which a foreigner may be deported from Spanish territory. Generally speaking, in such cases the Commission is the designated authority chosen to represent the foreigner and the conducts presented in Law 4/2000 regarding the rights and liberties of foreign nationals in Spain and their social integration. Sections of

Marriages Between Foreigners

It is possible for a Spanish citizen to marry a foreigner in Spain whether the foreigner´s migratory situation be legal or irregular. However, these types of marriages have specific characteristics. For example, the spouses must have a previous file registered in the system to be able to contract the marriage. This is done so that authorities may

Residence and Work Permit for Self-Employment

Foreigners looking to work for self-employment in Spain must request a residence and work permit. As a consequence of pursuing new economic activity for self-employment, the requirements to apply for this type of permit differ on some levels from the requirements for paid-employment. First, the foreigner carrying out a self-employed economic activity is required to

Termination of Authorization of Residency Due to Extended Absence from Spain

Foreign citizens may request an authorization to reside in our country if they fulfil the requirements specified in the immigration regulations. Once granted legal permanent residency, the foreigner must continue to maintain and fulfil further requirements to avoid losing their authorization of residency. One of the motives for terminating one´s residency card is due to travels

The Contentious Administrative Court Nº2 of Palma de Mallorca Proves Us Right!

We had to go to the Contentious Administrative Court of Palma de Mallorca to defend our client´s rights. The Administration overrode our client´s request for a Family Member of EU National Resident Permit without previous notice, simply for being called out, not charged, at the preliminary proceedings in the Criminal Court. Despite the Administration´s questionable

Employment Integration (Arraigo Laboral)

With the objective of obtaining a temporary residence permit, there is a possibility that such permits may be granted in exceptional circumstances according to the established law, specifically those relating to Employment Integration (Arraigo Laboral). Those choosing to go this route to apply for a temporary residence permit, must fulfil the following requirements: Must not be

Family Ties Residence Permit (Arraigo Familiar)

A temporary residence permit in Spain may be granted as a result of a family ties settlement, or arraigo familiar, in exceptional circumstances where family ties exist. This may apply to a foreigner who finds himself in Spain and falls under one of the following categories: is either the mother or the father of the Spanish national,

Healthcare for Immigrants

In August of 2012 a Royal Decree was approved denying healthcare to those people who up until now were attended to free of charge, in either a healthcare facility or with a public healthcare system specialist. Included among these people were both illegal immigrants residing in Spain, as well as family members of Spaniards belonging

How to request a long-stay visa?

In order to apply for a long-stay visa, the applicant must present the application in person or through an authorized representative, as long as the representative is adequately accredited and the situation at hand is justified as an extreme circumstance, such as illness or transport difficulty, before the diplomatic mission or consular office. Within one