Question
My Residencia por Practicas visa application (Spanish Internship Visa) was resuelto non-favorable for a stupid reason (I applied after my Job Seeking Visa / Job search expired, but legally I should have been allowed to as it fell under the 90-day grace period).
Do I have other options in case my appeal is denied, or do I immediately have to leave Spain? My company is willing to sponsor me for cuenta ajena in case it’s denied but I want to know if that is an immediate possibility if the appeal is rejected.
*Note: I am a Philippine citizen
Answers
These are the answers of some Facebook group members:
”I am answering as an exception to my rule because this situation is actually relatively complex. An internship residence application made in-country requires that you have legal status in the country.
This is not a modification (where 90-day grace periods may apply), and it is not like the job-search residence which does give you a grace period, this is a new application which requires you are in the country legally. My interpretation, thus, and without any further information, is that your application WAS filed past term, and I suspect that both the Administration and the courts will see it that way.
There are a couple of technicalities I might want to exploit if they were present in your case. You should discuss this with a lawyer: administrative procedure goes beyond simply knowing what the requirements for a particular residence permit are, and a good lawyer may be able to find something to exploit, or else definitively tell you have have no case.
If you do decide to hire a new lawyer, you or the new lawyer should notify the old lawyer immediately so that there are no issues with representation or with their preempting your appeal with the new lawyer”
”Actually, you still have time to modify if it’s still within the 90 days period after the expiration date, so you have the right to appeal. But make sure, if your employer is willing to do the cuenta ajena, do it now while it is still within the 90 days period. You have to inform your lawyer about this. Because if your lawyer does your appeal and then they gave you a denial again, and the 90 days has passed, then you will have no options anymore. Time is the essence right now for you. I have a feeling that I know your unresponsive lawyer”
”Good morning, I am a lawyer specialized in immigration issues and I am sorry but your appeal will be denied again, the problem is that when you have a job search residency you can only make changes of residence in the period of validity of the card, therefore you do not have the opportunity to do anything in the 90 days after.
In this sense, you could opt for some type of residency but it depends on how long you have been in Spain. If you want more information do not hesitate to send me a private message and I will be happy to help you. Thank you very much and good day to all”
”Not a stupid reason modifications can only occur b4 expiry. There is no grace period after export. That is only for renewals like for like”
Conclusion
In conclusion, according to Spainguru Facebook group members, the responses suggest that if a residency appeal in Spain is denied, your options depend on the timing. You must act within the legal time frames.
If within the 90-day period following your current residency’s expiration, you might be able to change your residency status to cuenta ajena with your employer’s sponsorship. It is crucial to consult with a immigration experts immediately to ensure that any steps you take are within the legal deadlines and to explore all available options.
