Have you submitted your application for arraigo and it has been rejected? Then continue reading. In this article you will find out the 3 different options available for you to still obtain your residency anyway.
Many foreigners who receive a rejected social arraigo application panic.
After 3 years in the country waiting to finally regularize their situation and obtain residency, they had all their hopes in this application, and now the Immigration Office denies them their option to become legal citizens in Spain.
It is then that they start to consider the expulsion letter and their impossibility to continue their life in the country.
However, this denial does not have to be the end of the process.
Due to the large number of documents required for this process, an application rejection is something probable that can happen, and that is because it is somewhat easy to fail when trying to meet all the many requirements properly at the same time.
Let’s remember that it is not only the foreigner who must comply with the list of requirements, but also the company issuing the job offer.
But, as we mentioned, this has a solution, and in this article we will explore it.
In any case, the first thing to do is always to understand the main cause or reason why the application has been rejected.
Depending on the type of this reason, you will be able to find one solution or another.
Main reasons why your arraigo application may get rejected
As we have already mentioned, it is essential to understand the reason why your application has been denied.
While it is true that some causes are unappealable and can hardly be solved, on numerous occasions the immigration office rejects this type of application for reasons with little basis or support.
It will be in these last cases in which you can appeal and finally get your arraigo approved.
Thus, some of the most common causes of denial are:
- The applicant has a criminal record (and has not expunged it)
- The employer or hiring company has debts with the Treasury or Social Security
- The foreigner fails to sufficiently demonstrate that he/she has been continuously in Spain for the last 3 years prior to the application
- The applicant terminated a contract in the past with the same company with which he/she is applying for arraigo (with a new contract)
- The employment contract presented in the application does not meet all the requirements and conditions
In order for you to expand on this information, here you can find one of our articles in which we talk about the requirements of the arraigo social in greater detail.
The 3 available options after a social roots rejection
In the event that you are faced with a denial for a reason that is not entirely correct, you have 3 different options to remedy the situation.
Again, it is important to carefully analyze the reason for the denial and only initiate one of these three paths if you know that the rejection reason is not sufficiently substantiated.
Review appeal
The first option you have is to appeal the rejection decision through the administrative.
That is, if you are not satisfied with the resolution, you have the right to appeal the rejection and request to the immigration office that your application is reviewed again.
That is why you must clearly state the reasons why the immigration office has not been right.
You will have a period of one month to initiate this appeal.
Is this the most advisable option? It depends.
What you should consider here is that it usually takes between a month and a half and two months to get a response to an appeal for arraigo (unlike the next two options which usually take much longer).
That is why, if it really makes sense to initiate an appeal, this may be the most appropriate option due to its speed.
Contentious appeal
If the administrative process has not been sufficient, you can resort to the judicial process before court.
Again, here you claim that you are indeed entitled to arraigo, and that the immigration office has not correctly contemplated all the requirements.
This option is more costly and time-consuming, and you will need a lawyer and solicitor. However, in many cases, it can be the definitive solution to finally getting your application approved.
You have a period of 2 months to initiate this contentious appeal.
Submit your application again (from scratch)
Finally, the third option and recommended path in many cases is to resubmit your arraigo, again. That is, to start a new application from scratch.
Here you must take into account how long the arraigo process is currently taking, which is 6-9 months; a much longer period that could make this solution not the most favorable one.
However, it is true that you would gain speed, since the submission can be done online.
So, is it worth the effort of filing an appeal, or is it better to prepare the documentation and submit your application from zero?
How can you know if this is the best solution for your personal case?
The best recommendation we can give you is to contact an expert immigration lawyer to analyze your case in detail, so that together you can find the best solution.
At Immigration Spain we receive many similar situations, and experience tells us that it is not possible to generalize: the answer depends on the particular situation.
So, if you would like to find the best way to finally get your favorable resolution and residence in Spain, do not hesitate to contact us and let us provide you with personalized legal advice.
Get in touch with our lawyers and let us guide you step by step:
