Administrative Appeal on Nationality | Fast Track

Currently, there is a significant delay in our country regarding the resolution of NATIONALITY APPLICATIONS, a situation that causes a great sense of helplessness and anxiety for applicants, as well as continuous mandatory renewals of Residence Permits with all that this entails, until Nationality is achieved.

Legally, the established resolution period is a maximum of 1 year, as provided by Article 11.3 of Royal Decree 1004/2015, of November 6, which approves the Regulation governing the procedure for the acquisition of Spanish nationality by residence:

“The procedure must be resolved and notified within a maximum period of one year from the date the application was received by the Directorate General of Registries and Notaries. Once the aforementioned period has elapsed without an express resolution, the applications submitted by the interested parties shall be deemed rejected.“

Those responsible for resolving these cases are specific officials of the MINISTRY OF JUSTICE, who are overwhelmed by the lack and scarcity of personnel assigned to this function, making it impossible to meet the legally established deadlines.

This lack of response in the administrative process can be interpreted as NEGATIVE SILENCE, although the reality is quite different; it is not a denial per se, but rather the impossibility of resolving within the established deadlines due to a lack of human resources, leaving files paralyzed for long periods.

As a result of this situation, there is an alternative route to provide agility and viability to paralyzed files; this is none other than filing the corresponding ADMINISTRATIVE APPEAL before the AUDIENCIA NACIONAL, an appeal that reactivates the files and offers the possibility of obtaining the long-awaited and desired favorable resolution, providing a glimmer of hope.

However, before filing the Administrative Appeal, we must ensure that our application was submitted correctly and complies with all legal requirements, as well as ensuring that all legally required and complementary documentation was provided; otherwise, our appeal would be of no use.

The Administrative Appeal begins with the announcement to the Audiencia Nacional of the intent to file it. This very act triggers movement in the file that can lead to the issuance of a resolution by the MINISTRY OF JUSTICE itself, without the need to continue through the judicial route enabled by the appeal, halting the procedure once the application file is resolved by the initially competent body.

To file the appeal, the intervention of lawyers specializing in immigration and administrative law is mandatory and necessary, as it is one of the judicial procedures existing in our legal system. This FIRM has the expert and qualified professionals for this purpose.

If you are reading this article and need legal assistance or advice, do not hesitate to visit our practice areas or contact us by calling 901 900 071 or through our 24-hour emergency service at 610 667 452.

We are ready to fight for you and your rights in a transparent manner, putting all our experience and effort on the table to achieve it.

Author: Pilar Peña Martín

Lawyers specializing in Immigration Law | IN DIEM: Malaga, Seville, Madrid, Las Palmas de Gran Canaria, Almeria, Huelva…

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