What to do if they deny the renewal of the residence permit in Spain
We explain some reasons why you can be denied the renewal of the residence permit and what to do in those cases.
Many people are entrusted with having obtained an initial residence permit in Spain, forgetting that they must renew it every year. In fact, sometimes stricter requirements than at the beginning have to be met. That is why it is important that you know what to do if you deny the renewal of the residence permit in Spain.
Reasons why you can refuse the renewal of the residence permit
In order to renew the permit, you must first comply with the requirements that were required for the initial concession. This includes accompanying a whole series of documents, including the current passport. Also, show that the substantial conditions for which they granted you are still valid.
For example, if it is a non-profit residence permit, you still have enough income to support you.
If it is a residence and work permit, that you continue working. If you are unemployed for reasons that are not attributable to you, that you worked a certain time (depends on the case) and that you enjoy the unemployment benefit.
But there are also new conditions that you must demonstrate. One of them is that you do not have a criminal record in Spain. The cases that I have seen in my professional practice refer to second renewals, when the person already has three or more years living in the country and has committed some crime (usually mild).
The police record is also taken into account. In fact, I have had clients who have been denied renewal for this reason. As well as the fulfillment of your obligations with the Tax Agency and Social Security.
What to do if you deny the renewal of the residence permit in Spain: resources
The first thing I recommend to my clients is preventive work. Be sure before submitting the renewal application, which can accompany all the documents and that the requirements are met. Thus, if this is the case, expressly request the cancellation of the criminal record before requesting the renewal of the residence permit.
Also request a record of police records (if one appears, try to solve it, so that they eliminate it). And require the Social Security and the Tax Agency the respective certificates that you are up to date with those obligations. This way, if any debt or infraction appears, you would have the possibility of paying it.
It goes without saying that this preventive work is more effective if you have the support of a lawyer specializing in Immigration, because each specific case requires different requirements.
The second thing is, if you have already been denied renewal, try an administrative remedy, specifically the so-called appeal, for which you have a period of one month from when you are notified of the denial. Although the tendency is for the Administration to ratify the act, you have options to grant the renewal through this channel, if what you were missing was presenting a document, or if there was an error in fact.
You can also try a contentious-administrative appeal before a court of said jurisdiction. You can do it directly against the initial denial, but if you have already tried an appeal, you must wait until it has been resolved expressly or presumed. The submission period is two months.
Personally, I recommend trying the appeal first and then the contentious-administrative, but ultimately it will depend on each case in particular.
What to do if you deny the renewal of the residence permit in Spain: an important council
Unfortunately, some people get discouraged when they are denied renewal. They simply do not do anything next, either because they think it is not worth it or that it can be expensive.
My experience is that the Administration knows this and denies renewals against the criteria of the contentious-administrative courts. They do so because they are aware that a small percentage of those affected will go to court.
The truth is that a large number of contentious-administrative appeals are declared in favor of the foreign citizen. And the fees of the lawyers, especially those of us who are dedicated to this matter, are quite reasonable. And they are fully justified by the results. Therefore my recommendation when you ask what to do if you deny the renewal of the residence permit: you must submit a resource. Do not give up!