{"id":260,"date":"2016-11-05T15:12:25","date_gmt":"2016-11-05T13:12:25","guid":{"rendered":"https:\/\/romuloparraabogado.jcdigital.es\/?p=260"},"modified":"2021-06-25T18:19:22","modified_gmt":"2021-06-25T16:19:22","slug":"que-hacer-si-te-niegan-la-nacionalidad-espanola","status":"publish","type":"post","link":"https:\/\/romuloparraabogado.com\/en\/que-hacer-si-te-niegan-la-nacionalidad-espanola","title":{"rendered":"What to do if you are denied Spanish nationality?"},"content":{"rendered":"\"Facebook\"<\/a>\"twitter\"<\/a>\"linkedin\"<\/a>\"mail\"<\/a>

Undoubtedly, Royal Decree 1004\/2015 unified criteria for the granting of Spanish nationality by residence and indicates the steps to apply for it online. <\/span>However, the truth is that a significant number of requests processed under the previous regime are being denied. <\/span>Below we explain in a simple way what to do if you are denied Spanish nationality.<\/span><\/span><\/p>\n


\n<\/span>What to do if you are denied Spanish nationality: grounds for refusal<\/span><\/span><\/h3>\n

The list of reasons for denying you Spanish nationality by residence is broad. <\/span>In effect, on the one hand there are those that we could call formal, such as the lack of presentation of a document. <\/span>Or that it has expired or is inaccurate. <\/span>This is often the case with the criminal record certificate of the country of origin.<\/span><\/p>\n

But there are also substantial or substantive reasons. <\/span>As when you do not meet the minimum legal residence requirement to qualify for citizenship. <\/span>This usually happens to those who lived in Spain as students. <\/span>In effect, the visa in these cases is for a stay and does not count towards the purpose of legal residence.<\/span><\/p>\n

In turn, sometimes the defect is very clear, while others are subject to interpretation. <\/span>The latter is the case, for example, when they deny it for “civic misconduct” or for “insufficient degree of integration in Spanish society”.<\/span><\/p>\n


\n<\/span>What to do if you are denied Spanish nationality: resources<\/span><\/h3>\n

Depending on the reason, it is more convenient that we choose one of these routes:<\/span><\/p>\n

-Formulate the request again. <\/span>If the defect is evident and can not be corrected, it is best to apply again for Spanish nationality by residence. <\/span>If before you did not meet the requirements and now yes, the one that you have denied before is not cause to be denied now.
\n–<\/span>Submit an appeal for reinstatement. <\/span>It is an administrative appeal that is filed with the same body that issued the denial. <\/span>It is convenient when it comes to correcting an error, such as presenting a document that you had but that for some reason you did not originally accompany.
\n–<\/span>Contentious-administrative claim. <\/span>This can be done without the need to try the appeal for replacement, although if you submitted the latter you must wait for its resolution (express or implied). <\/span>The demand has the potential to prosper to the extent that it can be argued that the assessment that the Administration has made on an event or document is not correct. <\/span>Also if the Administration has committed a serious errro of procedure, for example. <\/span>Thus, they will not declare you with a place if the reason to deny Spanish nationality is for not presenting a document.<\/span><\/p>\n

What to do if you are denied Spanish nationality: seek advice<\/span><\/h3>\n

As you can see, taking the right path is not so simple. <\/span>That is why it is essential that if you have been denied your application for Spanish nationality by residence, consult a lawyer who knows the subject. <\/span>You must also do it quickly, because the filing of resources is subject to a fairly short period. <\/span>One month since they notify you of the resolution, to try the appeal for reconsideration, and two months for the contentious-administrative lawsuit.<\/span><\/p>\n

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Undoubtedly, Royal Decree 1004\/2015 unified criteria for the granting of Spanish nationality by residence and indicates the steps to apply for it online. However, the truth is that a significant number of requests processed under the previous regime are being …<\/p>\n

What to do if you are denied Spanish nationality?<\/span> Read More »<\/a><\/p>\n","protected":false},"author":1,"featured_media":263,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7],"tags":[49,47,48],"class_list":["post-260","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-nacionalidad","tag-causas-negativa-nacionalidad","tag-denegacion-nacionalidad","tag-recursos-nacionalidad"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/romuloparraabogado.com\/en\/wp-json\/wp\/v2\/posts\/260","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/romuloparraabogado.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/romuloparraabogado.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/romuloparraabogado.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/romuloparraabogado.com\/en\/wp-json\/wp\/v2\/comments?post=260"}],"version-history":[{"count":11,"href":"https:\/\/romuloparraabogado.com\/en\/wp-json\/wp\/v2\/posts\/260\/revisions"}],"predecessor-version":[{"id":3315,"href":"https:\/\/romuloparraabogado.com\/en\/wp-json\/wp\/v2\/posts\/260\/revisions\/3315"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/romuloparraabogado.com\/en\/wp-json\/wp\/v2\/media\/263"}],"wp:attachment":[{"href":"https:\/\/romuloparraabogado.com\/en\/wp-json\/wp\/v2\/media?parent=260"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/romuloparraabogado.com\/en\/wp-json\/wp\/v2\/categories?post=260"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/romuloparraabogado.com\/en\/wp-json\/wp\/v2\/tags?post=260"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}