PDA

View Full Version : residence permit on family basis as registered couple(denied)



shahzad
09-02-2012, 07:33 PM
hi,

I got married here in spain with a spanish in 2011,and applied for a residence communitario...but due to police report my residence was revoked saying that they are not satisfied with this marriage. and i got resuelto no favorable.
I appealed against this deceision and upto now its going on ....
there is not yet any decsion made till date....
now my question is that can i submitt my papers in any other subdelegacion de governo (ministry).
if yes then what would u suggest me to do....and if change ministry how many month would be required and the procedure of the whole process....
plz answer me in some detail......

anxoiusly waiting for ur reply


shahzad.....

Patricia
09-06-2012, 02:19 PM
Hello Shazad,

If you have a file pending on resolution I am afraid that you will have to wait for it to be resolved before starting a new application file. However, you can request via a formal writing that your current file, that is in process of appeal, is cancelled, so you are then free to file a new application through another province. Also , in accordance with the current administrative legal processes´ regulations, there is an applicable negative silence after 3 months, that is, if the Immigration does not resolve in 3 months, your file is regarded as denied, though in practice that period is extended due to the overload of work at the immigration office, therefore if you wish to file a new application it is better to request the cancellation of the previous file rather than assuming it has been cancelled by the administrative silence.

You may find that you are again denied for the same reasons, so I recommend you to solve the criminal records issues in your home country, either by cancelling the records ( if it was possible in accordance with your national Law ) or by waiting for the records validity to expire ( I believe they expire after a few years or you can cancel them after serving the sentence/ fine, if there is any pending ).

Regards