{"id":169,"date":"2016-10-15T12:49:00","date_gmt":"2016-10-15T10:49:00","guid":{"rendered":"https:\/\/romuloparraabogado.jcdigital.es\/?p=169"},"modified":"2021-05-26T23:01:25","modified_gmt":"2021-05-26T21:01:25","slug":"que-hacer-si-te-niegan-la-tarjeta-de-familiar-comunitario","status":"publish","type":"post","link":"https:\/\/romuloparraabogado.com\/en\/que-hacer-si-te-niegan-la-tarjeta-de-familiar-comunitario","title":{"rendered":"What to do if you are denied a community family card (NIE)"},"content":{"rendered":"\"Facebook\"<\/a>\"twitter\"<\/a>\"linkedin\"<\/a>\"mail\"<\/a>

\"tarjeta<\/p>\n

Royal Decree 240\/2007, of February 16<\/a>, allows you to obtain residency in Spain, through the community family card (EU family member residence card), if you are a spouse, domestic partner, ascendant or descendant of a Spanish citizen or of the European Union living in Spain. Even this possibility has been extended to other relatives when certain assumptions are met.<\/p>\n

However, although at first sight it seems very simple, the fact is that continuously -and increasingly in greater number- in my professional practice many people come to consult me because they have denied the referred family member card.<\/p>\n

Reasons why they deny the community family card<\/h3>\n

Fundamentally the reasons for the refusal refer to three aspects:<\/p>\n

that family bonding was not adequately proven,
\neconomic dependence was not demonstrated, or
\nMedical insurance is not adequate (these last two reasons do not apply to a spouse or minor children).<\/p>\n

Resources when you are denied a community family card<\/h3>\n

That they do not initially grant you the EU family member residence card is not definitive. In effect, the law gives you options against this decision. The first one is a recourse of appeal, before the hierarchical superior of the organ that dictated the resolution. Normally the latter is the Immigration Office of the province or autonomous community, so that its superior is the sub-delegate or government delegate, as the case may be.<\/p>\n

The next option is a lawsuit before the contentious-administrative jurisdiction, that is, a trial. To try the appeal of appeal you have one month since you were notified of the first decision. To file the claim, two months after being notified of the appeal resolution.<\/p>\n

Do not give up<\/h3>\n

Although it may seem difficult and laborious, the vast majority of the time it is worthwhile to appeal the decision if you are denied the EU family member residence card. Especially at the level of the administrative courts, a significant percentage of the cases is resolved in favor of the foreigner.<\/p>\n

For this it is important that you have the support and advice of a lawyer. Not only for the trial, but also for the appeal of appeal. Otherwise, your chances of succeeding diminish considerably.<\/p>\n

But it is also essential that you consult with said professionals before presenting the initial application for the community family card. In effect, if you do everything right from the beginning, the logical thing is that they give it to you and thus you will not have to try any resource.<\/p>\n

\"Facebook\"<\/a>\"twitter\"<\/a>\"linkedin\"<\/a>\"rss\"<\/a><\/div>","protected":false},"excerpt":{"rendered":"

Royal Decree 240\/2007, of February 16, allows you to obtain residency in Spain, through the community family card (EU family member residence card), if you are a spouse, domestic partner, ascendant or descendant of a Spanish citizen or of the …<\/p>\n

What to do if you are denied a community family card (NIE)<\/span> Read More »<\/a><\/p>\n","protected":false},"author":1,"featured_media":171,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[14],"tags":[19,32,15],"class_list":["post-169","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-regimen-comunitario","tag-emigrar-a-espana","tag-permiso-residencia-espana","tag-tarjeta-familiar-comunitario"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t