DENIAL OF NATIONALITY
Appeal Denial of Nationality in Madrid, Spain
In the last 4 years there have been many denials of Spanish Nationality. The most frequent causes include non-compliance with Article 22 of the Civil Code, unlawful behavior, criminal or police record, and lack of integration. The latter is due to failure to adequately answer questions about Spain, its society, culture, and language.
It is common for denials to come from smaller civil registries, such as in towns outside of Madrid, like Getafe, or towns in Tarragona and Vic. In addition, the lack of compliance with the deadlines established to apply for nationality is also a determining factor in many cases. From our immigration law firm, we present appeals for all of Spain.
Common Grounds for Denial of Nationality
- Lack of Integration: Incorrect answers to questions about Spanish culture, society, language and customs.
- Antijuridical Behavior: Criminal or police record affecting the application.
- Marriage Denial: Lack of cohabitation or integration in marriage.
Resource Possibilities
The solution to a refusal is to file an appeal for reconsideration before the Ministry of Justice, which must be filed within one month, or a contentious-administrative appeal before the Audiencia Nacional.
In both cases, we have achieved a high success rate. To file the appeal, we need a copy of the denial notice.
Recent Cases and Successes
Due to the large volume of files processed by civil registrars, close to 400,000, refusals have become stricter. Recently, we had the case of a university professor whose nationality was denied for not properly answering the questionnaire on integration, despite the fact that her entire family had been naturalized. After filing an appeal, we were successful in having the appeal upheld and her Spanish nationality granted.
Other cases include the late presentation of the criminal record certificate or the existence of a criminal record. In these cases we also achieve the granting of Spanish nationality, with a 90% success rate in the appeals filed.
Appeal to the Audiencia Nacional
A client came to us after more than 4 years trying to appeal the denial of his nationality with different appeals filed in Zaragoza. Despite not having his original criminal record certificate, we were able to get the Audiencia Nacional to uphold his appeal and grant him his nationality.
In this case, the judge of the Civil Registry considered that the client did not have integration. However, after explaining the possibilities and presenting the appeal, we obtained an appeal in the National Court of Appeals. It is an exemplary sentence that you can consult in full.
Ruling of the Audiencia Nacional (National Court of Appeals) (Click here)
appeal refusal of nationality in madrid
appeal denial of nationality in madrid
Concession of Nationality Sept 2020 by contentious appeal