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 decision to override our client´s residency card without even granting him a formal hearing, our client decided to apply for a Residence Permit for Employment (Arraigo), as it would have been difficult to reclaim his Family Member of EU National Resident Permit since his father of Spanish nationality had moved outside of Spain. (Remember, our Family Member of EU National Resident Permit is conditional upon living in Spain with the EU citizen.)
Nevertheless, when our client requested the Residence Permit for Employment (Arraigo) in Palma de Mallorca after having fulfilled all essential requirements including proof of residence in Spain for three years, possession of a one year work contract guaranteeing him minimum wage, and no evidence of any criminal record, the Government Delegation proceeded to deny his application for the mere existence of a unfavorable police report based on the aforementioned preliminary proceedings.
In spite of having proven to the Administration that the preliminary proceedings were not basis enough to deny our client´s request for a Residence Permit for Employment (Arraigo), especially when such proceedings had already been archived, we had to defend our case before the judge.
Fortunately justice was served and our client was granted his requested residence and work permit.
Translated by: Katherine Pascal