If you’ve been waiting for a year for your nationality, is it interesting to pursue administrative litigation?
Following the entry into force of the new procedure for requesting Spanish nationality by residence on October 15, 2015, the regulation of this new procedure establishes a maximum resolution period of one year, which is not usually being met in most cases.
Article 11.3 of RD1004/2015 states: “The procedure must be resolved and notified within a maximum period of one year from the date the application was received by the General Directorate of Registries and Notaries. If the aforementioned period has passed without an express resolution, the requests made by the interested parties shall be deemed rejected.”
It’s been a year since I submitted the application and I haven’t received a response. What should I do?
In this case, you should consider two possibilities:
1. Continue waiting for the resolution of the procedure, which will eventually have to occur.
2. File an administrative litigation appeal in court before the National Court with a lawyer and attorney. From our experience, we can affirm that filing this type of appeal often results in favor of the plaintiff.
It is essential to ensure that your application does not have any issues and meets all the required criteria for approval. We offer to review the documentation for you.
In summary, to file the administrative litigation, the following requirements must be met:
- A year must have passed since you submitted the nationality application without a response.
- The application must have been submitted after October 15, 2015.
- It’s crucial that the application has no issues.
With all of this, you will have a high probability of filing an administrative litigation before the National Court that has a positive resolution and grants you Spanish nationality more quickly than just waiting.
