MOTION TO APPEAL

Motion to appeal

 APPEAL FOR THE LACK OF RESPONSE TO THE APPLICATION FOR NATIONALITY DUE TO SEPHARDIC ORIGIN OR REFUSAL

In all those cases in which more than 15 months have elapsed since the notarial act was sent to the DGSJFP, an appeal may be filed to speed up the granting of nationality.

01

APPEAL FOR THE LACK OF ANSWER

HOW CAN I SPEED UP MY NATIONALITY PROCESS?

The Motion to appeal is an administrative resource. This means that it is filed and managed before administrative and not judicial bodies.
The main characteristic of the appeal is that it is resolved by the hierarchical superior of the person who issued the act that is being challenged. In the case of applications for nationality, the body in charge of deciding is the General Secretariat for Innovation and Quality of the Public Service of Justice.

WHEN CAN AN APPEAL BE FILED?

For this, the figure of administrative silence must be explained.
Administrative silence occurs when the administration does not resolve a procedure within the legally established period, in this case it must have elapsed 15 months from the sending of the notarial act to the DGSJFP
For applications for nationality by Sephardic origin, silence has the effect of considering the application rejected. However, it is important to note that:

- There is no specific deadline for filing the appeal. In the cases of requests that are in process, by establishing an indeterminate term, it is guaranteed that the rights of the interested party are not harmed by administrative inaction.

- Nor it is mandatory to file an appeal, it does not mean that the request is actually denied, you can wait for the request to be resolved. The applicant decides whether the appeal is filed or not.

WHEN WILL I HAVE A RESOLUTION?

Once 3 months have elapsed since the filing of the appeal, the following scenarios may occur:
1) If a favorable express resolution estimating the appeal You will have been granted Spanish nationality.
2) Yes no response from the Administration after three months after the presentation of the appeal, it is necessary tointerpose a lawsuit.


02

MY NATIONALITY HAS BEEN DENIED, WHAT CAN I DO?

WHAT TO DO IF MY NATIONALITY HAS BEEN DENIED?

Applicants usually learn that the application has been denied by checking the status of the application on the IT platform of the Ministry of Justice, but it is important to note that it is necessary to wait for the formal notification by the Consulate of the concession resolution to file the appeal.

Once the denial resolution has been notified, the applicant can file an Appeal with the administration itself. This appeal must be filed within a month counting from the notification of the denial resolution. In said Appeal, the arguments of the Administration must be refuted and, where appropriate, evidence that all the requirements of the Law have been met.

The term to resolve the appeal is three months from its presentation and if the appeal has not been resolved within said period, it is understood to have been dismissed due to negative silence, leaving the judicial process open.

If you need more information, do not hesitate to contact us.

Do not hesitate to contact us

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