THE NEWS THAT SO MANY LAWYERS HAVE BEEN WAITING FOR HAS ARRIVED!
We want to share some news that has given us a lot of joy despite and being aware of the complicated time we are going through. This news is of great importance for all our colleagues who practice the profession and who are dedicated to immigration law and especially for our clients to whom we will be able to provide a better service.
On April 28, 2020, in the Official State Gazette - BOEthe Resolution of April 16, 2020, of the General Directorate of the General Administration of the State in the Territory, which publishes the Agreement with the General Council of the Spanish Bar, in relation to the performance of administrative procedures and document management by electronic means, was published.
The purpose of this Agreement is to enable lawyers registered in the Bar Associations that are included in the Register of Representatives of the General Council of Spanish Lawyers, for the electronic submission of documents on behalf of third parties, in order to facilitate the fulfillment of obligations and the exercise of administrative rights by citizens before the Government Delegations and Subdelegations, in accordance with the rest of the clauses of this Agreement and with the regulatory provisions in force.
This Agreement affects the procedures related to foreigners that are carried out at the Government Delegations and Subdelegations, through the Immigration Offices and, where appropriate, the Labor and Immigration functional Areas or Units (including those in which, in accordance with the regulations in force, the appearance in person of the interested party is required), in accordance with the provisions of the eighth additional provision of the Regulations of Organic Law 4/2000, on the rights and freedoms of foreigners in Spain and their social integration), provided that they are available for the submission of documents by citizens at the electronic headquarters of the Ministry of organic assignment.
It is necessary to mention that, according to the published resolution, the General Council of Spanish Lawyers has a maximum period of 2 months from the entry into force of the agreement to create a Register of Representatives, as well as the Bar Associations must provide their practicing members to adhere to this agreement so that we can act both in the initial applications and the rest on behalf of our stakeholders.
One of the obligations of the CGAE will be to create the registry, keep it updated, and at all times allow electronic access to it by the lawyers who are registered.
However, the Ministry of Domestic Policy and Public Function - General Directorate of the General Administration of the State in the Territory, has the obligation to enable within a period of 3 months, once the Register of Representatives is operational, as the technical means so that the members can begin to submit the telematic documentation.
Likewise, as soon as the CGAE has the Register of Representatives enabled and operational, communication with it will be carried out through a web service.
It is worth mentioning that nowadays we can submit multiple applications through electronic means only with our digital certificate or ACA certificate, with this agreement we must provide the ID of the lawyer and this will verify that we are included in the Register of Representatives".
REQUIREMENTS FOR SUBMITTING DOCUMENTATION BY TELEMATIC MEANS
- The lawyer must be registered as a practicing attorney.
- It must have a compatible electronic signature and certified by the competent Certification Authority (natural person certificate or collegiate card - electronic signature of the Certification Authority of the Bar (ACA).
- At all times the CGAE shall comply with and ensure the protection of personal data - Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights.
- The lawyer must be registered in the Registry of Representatives.
This agreement is a great step forward for the legal profession, since it will allow us to provide a better service to our clients, avoid the problem we have been facing in recent years, which is the impossibility of obtaining appointments through the Administration page.
This new Agreement will enter into force as soon as it is registered in the State Electronic Registry of Cooperation Bodies and Instruments of the State Public Sector and published in the Official State Gazette.
The agreement will have a duration of four years from its entry into force, with the possibility of being extended for up to four more years. In no case may it exceed eight years. Having said this, we will have 8 years of peace of mind, no more lines, nor eternal waiting to be attended at the different Immigration Offices when submitting the initial applications of our clients, since we have been submitting the renewals and modifications telematically for several years now.
Instead, let us work hard. Let's finally put an end to the only threatening crisis, which is the tragedy of not wanting to fight to overcome it."
If you have any comments you can comment on this blog post. Remember that you can also write us through our free web consultation, and in case you wish to schedule an appointment with our experts we can assist you via Skype, Facetime, or phone call.
We invite you to leave us your opinion and comments below.
