Due to the situation generated by the evolution of the COVID-19 coronavirus, the Government of Spain, through its mandate, has adopted measures within its agencies and entities, taking into account the indications of the health authorities, all with the sole purpose of being able to overcome in the shortest possible time and thus control this invisible enemy that has led thousands of people to be in complete isolation.
It is for this reason that the public administration, adopting the appropriate measures of containment aimed at protecting the health of citizens, while continuing to provide public services, among which is the processing of files submitted by foreigners under the Aliens Act, regulatory decrees and related laws such as Law 14 of 2013, must continue to work and provide the service as appropriate, it is also true that each Autonomous Community has the power to regulate in a special way what is related to the procedures of aliens.
Thus, in view of the inquiries we have received daily since the issuance of Decree 463/2020, we have been receiving Decree 463/2020of March 14, declaring the State of Alarm for the management of the health crisis situation caused by COVID19 , and in accordance with the provisions of the Directorate General for Migration on the scope of Royal Decree 463/2020, of March 14, declaring the State of Alarm for the management of the health crisis situation caused by COVID19, in relation to the provision for the suspension of administrative deadlines, we refer to the following points:
- Applications submitted prior to the entry into force of Royal Decree 463/2020 of March 14, whose processing is in the stage of a favorable resolution proposal.
There is a whole set of applications filed prior to the entry into force of Royal Decree 463/2020, of March 14, whose processing has already been carried out and in which the following circumstances concur, such as:
-They do not require the substantiation of any additional formalities subject to administrative deadlines, such as requirements.
-The proposed resolution is favorable.
The termination of these procedures will allow the foreigner in favor of whom the authorization is issued to carry out, if necessary, an employment activity, without prolonging a situation of lack of definition which, on many occasions, can cause serious damage, especially if the family unit is present in Spain. - Issuance of certificates of positive silence in applications filed under Law 14/2013, of September 27, prior to the entry into force of Royal Decree 463/2020, of March 14.
Similarly to the previous case, there are a number of foreigners whose applications were filed before the entry into force of Royal Decree 463/2020, and whose deadline for resolution also expired before that date, operating the positive silence contained in Law 14/2013, of September 27. Thus, we would be dealing with people for whom the estimation of their right means the possibility of undertaking basic work activities for their maintenance, which is why the express resolution confirming the presumed termination must be issued. - Suspension of the procedures for applications (initial or renewals) submitted before the entry into force of Royal Decree 463/2020, of March 14, whose processing is at the stage of a proposal for a negative resolution or a decision to close the case.
Those procedures initiated prior to the entry into force of Royal Decree 463/2020, of March 14, whose processing has already begun and in which the following circumstances concur will be paralyzed:
-They do not require substantiating any additional formalities subject to administrative deadlines, such as requirements.-The proposed resolution is negative or the procedure is closed.
The deadlines for filing an appeal shall be suspended in accordance with the provisions of Royal Decree 463/2020, of March 14, thus preventing the interested party from being left defenseless.
- Those documents required in the procedure and whose validity has expired during the current exceptional situation will be accepted.
- Applications for authorizations (initial and renewals) filed after Royal Decree 463/2020, of March 14, and the promotion of the procedure to the extent possible without causing prejudice to the interested parties.
- All applications submitted after the entry into force of Royal Decree 463/2020, of March 14, 2020, will be processed, without prejudice to the provisions of the latter regarding the suspension of administrative deadlines. An example of the scheme of action could be the procedure for correction:
- Once the application has been submitted, the interested party will be required to correct any defects in the application.
The time limit for correction will be suspended until the exceptional measures are lifted. However, if the interested party provides the required documentation, the procedure will continue without the administration being subject to the legal or regulatory terms established.
This scheme will apply to all initial applications.
It is worth mentioning that the Administration - Aliens Office has been increasingly encouraging the use of electronic means as a tool to submit the different applications such as renewal or initial applications that allow telematic submission, that is, through the electronic headquarters of the Common Electronic Registry or through Mercurio.
The authorizations accepted for telematic filing are:
- Application for Long Term Residence Authorization for a general assumption of 5 years of continuous residence in Spain (art 148.1 RD 557/2011).
- Renewals of temporary residence and work authorization for employees
- Renewals of temporary residency and self-employment permits
- Renewals of non lucrative residency permits
- Renewals of family reunification residency permits
- Renewals of residence and work authorization as a highly qualified worker (Blue Card).
- Renewals of residency and work authorization for researchers
- Renewals of residence authorization with exception to work authorization
- Modification of residence authorization for exceptional circumstances for reasons of labor, social and family ties, or any other case in which the holder has obtained authorization to work, to a residence and work authorization as an employee or self-employed person.
- Extension of Authorization of Stay for Studies, Student Mobility, Internships or Volunteer Services
- Extension of Authorization of Stay for family members of holders of Authorization of Stay for Studies, Student Mobility, Non-work Practices or Volunteer Services.
- Modification of Authorization of Stay for Studies, Student Mobility, Non-labor Practices or Volunteer Services to Residence and Work Authorization or Residence with Exception to Work Authorization
- Modification of Authorization of Stay for family members of the holder of Authorization of Stay for Studies, Student Mobility, Non-labor Practices or Volunteer Services to Residence due to Family Reunification.
- Permanent residence card of a family member of an EU citizen.
The following authorizations may also be submitted telematically (Law 14 of 2013):
- Residence authorization for investors and family members
- Residence authorization for highly qualified professionals and family members
- Residence permit for entrepreneurs and their family members
- Residence permit for researchers and family members
Some of those that can be submitted through the Common Electronic Registry of the Administration - Red Sara are the following:
- Residence for job search (DGM Instruction 1/2018).
- Authorization of stay for study purposes - tourist (DGM Instruction 2/2018).
- Residence for internships (DGM Instruction 4/2018).
Finally, it is necessary to mention that the measures adopted and proposed by the Administration provide guarantee so that we can continue presenting our applications, renewals, extensions, among others, this means that the Immigration Offices are not paralyzed, the officials continue working on our files, however, we must understand that due to the exceptional measures and the circumstances in which we live today, there will be an accumulation of applications whose processing in time will be harmed, we must be very patient and face in the best possible way this situation that has changed the world.
If you wish to know the communication of the Directorate General of Migration on the scope of Royal Decree 463/2020, of March 14, declaring the State of Alarm for the management of the health crisis situation caused by COVID19, in relation to the provision for the suspension of administrative deadlines.
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