In the wake of the current coronavirus pandemic that is affecting Spain, the General Directorate of Migrations has just announced the suspension of deadlines that affect those foreign citizens with ongoing immigration application procedures.
The following scenarios are considered:
- Initial or renewal work and/or residence permit applications filed before lockdown came into force, that are currently in process or pending on the positive resolution.There are two possible situations:
- That there aren’t any other documents required leading to the final resolution of the application.
- That the application is already approved, only awaiting the approval letter.
The finalization of the above applications will be immediate, allowing applicants to start, where applicable, a professional activity to avoid any further financial harm on the family unit.
- Investor’s Residence Permit (Law 14/2013) applications filed before the lockdown came into force, that meet the 20 days deadline without a resolution. These will be approved based on a positive silence resolution, allowing them to immediately start a work activity
- Initial or renewal work and/or residence permit applications filed before the lockdown came into force, that are currently pending on the rejection resolution or being shelved (due to withdrawal, renunciation, failure to provide with requested documentation).The following deadlines are suspended:
- Applications pending on additional documentation or actions that are subject to administrative deadlines.
- Those awaiting a rejection resolution letter.
The administrative deadlines to file appeals will be suspended, with the aim to avoid the defenselessness of the applicants.
- Extension of validity of expired documents. Additional documents requested by the immigration authorities that have already expired, will be regarded as valid.
- Non-EU citizens holding a short stay visa that has expired (or is about to) but are unable to return to their home countries because of the lockdown, are allowed to stay, being the current limitation suspended. This measure had already been applied to Chinese citizens since the end of February, but in light if the current situation is extended to all nationalities.
- Initial or renewal work and/or residence permit applications submitted after the lockdown will be expedited as much as possible, but will not be subject to the normal administrative deadlines suspended by this Royal Decree.
Also to consider:
- Any additional documentation that is requested will have to be submitted through electronic means, as a substitute of personal appearance.
- A legal representative (via authorized forms and powers of attorney) will be allowed to submit the following permit applications: Modifications, Extensions, Renewals, Work and residence authorizations as well as Student authorizations, Mobility of students, Non-working visas based in apprenticeships and volunteer work visas.
- It is important to understand that the administrative authorities are free to stop a procedure if they believe personal appearance is mandatory, which will be required once the lockdown is over.
We must also be aware that once the exceptional situation ends, the immigration office will have a considerable number of files to resolve, unable to finalize all in a timely manner, and further extension requests might be needed.
Download the full announcement