Implications on immigration matters derived from the declaration of the State of Alarm to face the health crisis caused by COVID-19

Due to the growing pandemic that currently affects the entire world, the Spanish Government ordered the suspension of administrative deadlines and statutes of limitations and expiration of the different administrative procedures of the State.

Regarding immigration matters we must highlight the following implications of these measures:

1. Applications and procedures already started will not be paralyzed. In these cases, the Administration will continue the process, although it will not be obligated to a maximum term to resolve. In addition, the termination of the process will allow the interested party to carry out a work activity in order to avoid prolonging a harmful state.

2. The state Bodies will not issue resolutions that are expected to be denied during the term of the state of Alarm, and in all those cases in which there are already denial or filing resolutions, the deadlines for filing the corresponding appeals will be suspended in accordance with the established in the Decree itself.

3. The documents presented in the procedure and which expire during the validity of the alarm state will be accepted.

4. The expiration periods of the stay permits of nationals of other countries and who cannot return to them due to the health emergency derived from the COVID-19, are suspended, either due to the closure of borders or some other measure.

5. New procedures may be initiated at the different competent Bodies. All procedures initiated during the alarm state will be equally processed and promoted, always respecting the suspension of administrative deadlines,which means, the Administration will not be subject to a maximum period to resolve the process.

As for the authorizations / applications that must be submitted at the different Immigration Offices of the State, these may be submitted through the Mercurio platform, and if the application cannot be submitted through said platform then it may be submitted through the Common Registry of the Public Administrations (Registro Común de las Administraciones Publicas).

6. Finally, the Body in charge of solving each procedure may paralyze the processing in any of its phases if the particular file requires the personal presence of the foreigner, which can only be produced once the measures are lifted.

If you are feeling confused or need advice on these new measures AvaLaw’s Immigration Department is here to help you. Do not hesitate to contact us.

Leave a Comment