As a result of Brexit the United Kingdom is no longer a member of the European Union. So what happens when your residency application as non-EU citizen is rejected?
The UK nationals who were living in Spain before the end of the transition period 31.12.20 who have had their Spanish residency applications rejected could be sent notices informing them they must leave Spain within 15 days or risk being classified as illegal.
The law says that once you have been notified of your residency application rejection unless you have a qualifying document or grounds to stay in Spain, you must leave Spanish territory within 15 days from the notification of the resolution unless exceptional circumstances occur and you justify that you have sufficient means, in which case you may extend your stay up to a maximum of ninety days. Once the indicated period has elapsed without the departure being made, the provisions of the law will be applied for these cases of being ‘irregularly in the Spanish territory. Overstaying can be considered a “serious offence” by the Spanish authorities, with fines ranging from €501 to €10,000, a possible expulsion from Spain as well as a potential ban from the Schengen area for six months to five years.
At Just Law Solicitors we are proud of our 100% success rate in residency or residencia applications. This is due to the fact that we are professionals, duly registered and qualified, and that we have carried out our due diligence for each client to check if they comply with the criteria set out in the Spanish law so that they are granted their 5-year residency and work visa.
The applications are mostly being rejected on the grounds of insufficient evidence of legally residing in Spain in 2020.
It is possible to appeal the rejected residency applications in Spain and we can help you to do so. We have considerable experience in this field having helped clients from all over the world since 1992.
If you were in Spain before the Brexit deadline and you can prove that you were living here we would advise that you apply for your Spanish residency as soon as possible if you want to stay here in Spain.
Of course, we can help with everything else related to a new move to Spain. From a Spanish property purchase to qualified Spanish tax advice. Please note that if you haven’t lived in Spain before and are thinking of moving to Spain or retiring to Spain get in touch with us before you leave the UK.
MARISA MORENO CASTILLO
Senior Partner
marisaMC@justlawsolicitors.com
T: +34 952 66 60 45
M: +34 663 373 535
www.justlawsolicitors.com
Just Law Solicitors Spain
International Brand
Iustalex Abogados
C/ Chile, nº 2 local 1.
29640 Fuengirola
Malaga Spain
Malaga – Fuengirola – Marbella
Since 1992.
Moving to Spain & Capital Gains Tax.