Immigration Law

We advise our clients prior to holding their formal interview to apply for international protection in Spain, as well as during the whole case examination. Should your case not be admitted or rejected, we can help you to file any of the following appeals: a).- appeal for reversal before the Homeland Minister; b).- appeal for judicial review before the Contentious Administrative Chamber of the National Court; or c).- appeal before the Contentious Administrative Chamber of the Supreme Court.

We assist investors applying for or renewing their residence investor’s visa and/or their investor’s residence authorization, (also known as “Golden Visa”),

which may be granted by the Spanish competent Authorities in the following cases:

  • Acquisition of real estate property in Spain worth over 500.000 euros.
  • Capital investment of at least 2 million euros in Spanish bonds.
  • Capital investment of at least 1 million euros in shares or stakes of Spanish companies with a real business activity
  • Capital investment of at least 1 million euros in investment funds, closed-type investment funds, or venture capital funds set up in Spain.
  • – Capital investment of at least 1 million euros in bank deposits with Spanish financial entities.A business project to be carried out in Spain, which shall be considered of general interest by fulfilling at least one of the following criteria: a).- creation of employment; b).- socio-economic impact of the investment in the region where the said business project will be based; or c).- relevant contribution to scientific and/or technological innovation. With regards to the category of entrepreneurs, we assist our clients applying for entry visa or stay visa to start up their business activity, as well as for a residence authorization. The said entrepreneurs can only be foreigners (non-EU nationals), who intend to develop an innovative business or entrepreneurial activity with special economic interest for Spain.

    Our firm has also experience applying for residence authorizations for highly qualified professionals and intra-company moves within the same company or group of companies, provided that they meet all the legal requirements.

    Finally, we have also represented foreign (non-EU nationals) researchers seeking entry to Spain or those holding a residence or stay authorization, who wish to carry out training, research, development and innovation activities in public or private undertakings. This type of residence authorization can be granted for research throughout Spain or for the whole European Union.

Furthermore, upon the completion of studies, we advise our clients on how to change their student card for a work and residence card, be it employed by a third-party (application to be filed by the employer who wishes to enter into an employment agreement with a foreign worker holding an authorization for study purposes, for research or training activities, or unpaid work experience), be it self-employed (application filed by the student, who must explain the business project in detail, including the role that the student will engage in).

The authorization of stay for students grants the holder to be in Spain for a period of over 90 days to undertake or further the holder’s studies in an authorized educational institution in Spain, in a full-time program, leading to the attainment of a degree or certificate of studies.

We also provide legal aid to the family members (spouse, common-law partner, and children under 18 or those with a disability who are not objectively able to provide for their own needs) of a study visa holder or applicant, who may also apply for a visa to enter and stay in Spain for the same duration as the main applicant (student visa holder). However, the said family members’ may not undertake in any income-generating activities. Therefore, the student must have the economic means to support his family members.

In the event that the student opts to change the student stay’ card for a work and residence card (be it employed by a third-party or self-employed), the applicant may also apply for family reunification residence authorization.

With this procedure, non-EU students that were studying in another European Union country during the last semester can enter in Spain by means of the student card of that country; and, once in Spain, apply for the Spanish stay for studies permit.

This residence authorization allows the foreign national to reside in Spain temporarily, without carrying out labor activities. This authorization is filed before the diplomatic mission or Spanish Consular office where the applicant has its residence.

The procedure is started in Spain, once the foreigner reunifying has had a residence authorization for one year and has applied for a renewal (for at least one more year) of his Spanish residence card.

The following family members/relatives are eligible for family reunification:
a) His/her spouse, as long as they are not legally or de facto separated and their marriage has not been solemnized in violation of the Law.
Foreign residents in Spain who are remarried are required to prove the legal dissolution of their previous marriages.
b) The person who has a relationship with the applicant comparable/equal to marriage (de facto couple), if:
1. Such relationship has been duly registered in the relevant registry office and the registration is still valid.
2. The validity of an unregistered relationship established prior to the applicant’s residence in Spain is proved.
c) The applicant’s children or his spouse’s/de facto couple’s, including adopted ones, as long as they are under 18 years old at the date of applying for the authorization for residence, or if they are disabled and lacking the ability to provide for themselves owing to their health condition.
In the case of adoptive children, it shall be required for the court ruling/resolution/decision by which the adoption was established to be valid under Spanish law.
d) Those people of whom the applicant is the legal representative as long as they are under 18 years old at the date of applying for the authorization for residence, or if they are disabled.
e) The applicant’s or his spouse’s/de facto couple’s parents, as long as they are under his/her care, over 65 years old and there exist reasons which justify the need to authorize their residence in Spain.

The renewal of authorizations can be filed 60 calendar days prior to the expiration date of the card or in the 90 calendar days after it expires.

The different methods to acquire the Spanish Nationality are the following:

  • Nationality for those of Spanish origin. Those of Spanish origin are: a).- Those born to a Spanish father or mother b).- Those born in Spain who are the children of non-Spanish parents if at least one of their parents were born in Span (with the exception of children of diplomats). c).- Those born in Spain to non-Spanish parents, if both have no nationality (status of stateless persons) or if the legislation of neither grants nationality to the child. In this case a form can be submitted at the local Civil Registry of your place of residence to declare Spanish nationality on the basis of mere assumption. d).- Children born in Spain whose parents’ identity is unknown. Children whose first known place of stay is Spanish territory are assumed to have been born in Spain. e).- All children under 18 years of age adopted by a Spanish national are of Spanish origin. If the adoptee is aged over 18, they may opt for Spanish nationality of origin within two years following the legalization of the adoption.
  • Nationality by option. The option is a benefit in our legislation extended to foreign nationals’ subject to certain conditions, for them to acquire Spanish nationality. The following persons shall have the right to acquire Spanish nationality by this method: a).- Those persons who are or have been subject to the parental authority of a Spanish national. This option expires when the interested party reaches 20 years of age, except where their relevant legislation states that the interested party does not reach legal age at the age of 18, in which case the term shall be for the two years following their reaching legal age. b).- Those persons whose father or mother was Spanish or born in Spain. c).- Those persons whose determination of parentage or birth in Spain is only made after reaching the age of eighteen. In this case, the term for opting for nationality is the two years from the determination of parentage or birth. d).- Those persons whose adoption by Spanish nationals occurs after reaching eighteen years of age. In this case the right to opt for Spanish nationality is valid for a term of two years after the legalization of the adoption.
  • Nationality by residence. This method of acquisition of nationality requires continued legal residence in Spain for ten years immediately prior to the application. There are cases in which the period of residence required can be reduced. These are:
    · Five years of residence: for the granting of Spanish nationality to those persons who have obtained refugee status
    · Two years of residence: for nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal or persons of Sephardic origin.
    · One year of residence: Persons born in Spanish territory; Persons who have not exercised their right to Spanish nationality by option; Persons who have been legally subject to the guardianship (in the care of a guardian) or foster care (foster care allowing for the reduction of the legal residency period to one year is that in which there is a resolution issued by the public body responsible for the protection of minors in the relevant territory or judicially recognized foster care) of a Spanish citizen or institution for two consecutive years, including where they remain in this situation at the time of application; Persons who, at the time of the application, have been married for one year to a Spanish national and are not legally separated and have not had a common-law separation; The widower or widow of a Spanish national, if, at the time of the death of the spouse, they were not separated in fact or legally; Those born outside Spain to a Spanish father or mother (also born outside Spain), grandfather or grandmother, provided that all were originally Spanish. Nationality by possession of status. All persons who have possessed or used Spanish nationality for ten years, on a continued basis and in good faith (without being aware of the real situation, i.e. that they were not in fact Spanish), on the basis of a record held by the Civil Registry. Spanish nationality is not lost even where the record held by the Civil Registry is annulled. The interested party must have maintained an active attitude in such possession and use of Spanish nationality, meaning that they must have behaved in a manner considering themselves to be Spanish, in both the exercise of their rights and in fulfilling their obligations to the bodies of the Spanish state. Nationality by naturalization. This method of acquiring nationality is ex gratia and is not subject to the general rules of administrative procedure. It shall be granted, or not, at the discretion of the Government by Royal Decree, after an evaluation of the exceptional circumstances.

This type of residence card must be applied for by family members of a Spanish citizen, or of another Member State of the EU, or of any State party to the Agreement on the European Economic Area or Switzerland, who are not EU nationals, but come to live to Spain for longer than 3 months.

To request this service, you must contact us, preferably via telephone in the following number +34 633 888 618.

We file appeals, before the competent Spanish General Consulate or Administrative Courts, on behalf of our clients against refusal of Spanish visas (tourist visa, investor visa, non-lucrative visa, etc.), renewal of residence authorizations, non-admission at the airport, authorization for stay for students, Spanish nationality, etc. We also file appeals before Administrative Courts for the adoption of urgent precautionary measures when removal is imminent.

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