"The professionals are the ones who really know the differences that may exist between the existing and current regulations and the case that comes to their attention, as well as the interpretation that the Administration will give to that case and, finally, the criteria that the different Courts will apply taking into account the pronouncements in different instances...".
In this sense, I consider that it is better to go to a lawyer before initiating any type of procedure, since his advice and guidance is preventive, in addition, the interested party will save time, money and avoid future setbacks.
In this opportunity, I want to solve this question from a professional point of view, as well as from my personal experience as a foreigner in this wonderful country, which has welcomed me in every way. It is true that in today's world in which we live, borders in many European countries are just lines that we see on maps.
There are many people who make the decision to change their countries of origin to start a new life, pursue a dream, fulfill a goal, this leads to the foreigner or immigrant to face a completely new legal universality, rules, laws, regulations governing the rights and freedoms of foreigners in the host country, with total ignorance, When it comes to the correct handling of all the bureaucratic issues related to immigration, these are undoubtedly complex procedures that require a lot of time and knowledge in law (immigration law, administrative procedure, procedures, formalities, basic regulations, requirements, required documentation, deadlines for resolution, among others), which are not always known to the foreigner arriving in Spain.
It is true that any foreigner who intends to regularize his administrative situation in Spain can carry out the procedures alone without the need to go to a professional in immigration law, however, doing so can only save time and money, taking into account that one thing is what is contemplated in the rule at its literal wording and quite another the criteria of application of the rule by the Administration, this varies even in each Autonomous Community or even in the different offices of the same Community.
Therefore, more and more people decide to contact a professional for advice and not to make mistakes, not only individuals, but also companies, must take into account these assumptions to apply the immigration law (Law 4/2000, of January 11, on rights and freedoms of foreigners in Spain and their social integration), with respect to international labor mobility.
At this point, my respected readers, you may say ... "well, if the Immigration Office does not apply what the law says ... let's wait the 3 months and if the decision is negative and they deny my application I will appeal ... and if they deny it I will go to Court ...."I consider that this is a big problem, appealing to the Administration itself or to the Contentious Court implies a long wait that can be even years, and of course money in the professional fees of Lawyer and Procurator because it is a judicial process.
An example that I would like to bring to your attention, regarding the aforementioned extremes, is the following: While it is true, the Fact Sheets (Immigration Portal) of the Ministry of Employment and Social Security, contain the basic rules, the procedure, requirements, place of presentation, fees, among other relevant information, not all information is made known to the foreigner, for me these are just a tool that serve us to know a little more about the administrative procedure we want to perform, regardless of whether it is a first application, renewal, extension, modification, etc.. ... I asked you in which information sheet or in which part of the Immigration Law does it say, for example, that people who want to access a permanent card for a family member of a community citizen have to prove "economic means"? I can assure you that in none of them, even so, the Immigration Offices take it into account at the moment of resolving the file, if it is not provided in the required time and manner, it will surely be denied.
For these reasons, I am convinced that having a good lawyer who is an expert in these matters can make things much easier for you, since not only will he or she be in charge of processing the corresponding matters, but you will also be able to ask him or her all the doubts you may have about your case.
Now, it is pertinent to reinforce the argument that it is better to always have the advice of an expert lawyer not only for the processing of residence permits, renewals, extensions, among others, but also to apply for Spanish nationality, depending on the form indisputably. However, as for the nationality by residence (there are new requirements since 2015) and forms of presentation. As of September of this year, and thanks to the Enabling Agreement signed between the Ministry of Justice and the General Council of Lawyers, Lawyers can electronically submit applications for Spanish nationality by residence on behalf of the interested parties.
In order to make this possible, i.e. the telematic submission of the documentation, duly indexed and metadatalogued, the Consejo General de la Abogacía (CGAE) has developed a technical platform that allows lawyers to process applications for nationality files with their ACA (Autoridad de Certificación de la Abogacía) card and upload the required documentation in telematic format to the Ministry of Justice's website.
The Bar Associations adhered to the enabling agreement will issue a certificate of collegial review that accompanies each application indicating that all the requirements demanded by the General Directorate of Registries and Notaries to obtain the acquisition of nationality by residence are met.
Likewise, these institutions will review the documentation that the lawyer manages telematically on behalf of their clients, as long as they have previously adhered to the agreement and use the relevant accreditation. Thanks to this agreement, there is no doubt that it will speed up and reduce the terms of the steps entrusted by the client to their lawyers to manage their files for the acquisition of nationality.
For all the above, we recommend you to contact the Lawyer of your preference, without first telling you that in MOLINARES ABOGADOS, we will be happy to advise you in all your immigration procedures and in the application for the Spanish nationality by residence, we have the experience and total confidence that we will be able to help you in the way you deserve.
My mother's mother was a Sephardic Jew and they emigrated to Mexico because of the war, I just found out that Spanish citizenship could be obtained for her, and my sister and I would like to know what is needed to obtain it. And how much does it cost?
Hello Gina, you can make your free consultation at https://molinaresabogados.com/consulta-web-gratuita/ so we can review the details of the case.
We look forward to hearing from you.