# Uh-oh: My request for a tarjeta denied!



## director1 (Dec 28, 2013)

Hi all,

I just this morning received word that my application for a TARJETA DE RESIDENCIA TEMPORAL DE FAMILIAR DE CIUDADANO DE LA UE has been turned down with the painful-to-read phrase “RESUELTO - NO FAVORABLE”. This was the word over the internet via the government’s Sede Electronica, so I haven’t received the official word in the post yet for why my application was in fact denied.

Obviously, I’m freaking out slightly, but I wanted to ask: has anyone had experience being rejected for a tarjeta and then appealing or reapplying? How does this work? Should I finally suck it up and go with a lawyer?

Thanks for any words of wisdom!

– Dir


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## xabiaxica (Jun 23, 2009)

director1 said:


> Hi all,
> 
> I just this morning received word that my application for a TARJETA DE RESIDENCIA TEMPORAL DE FAMILIAR DE CIUDADANO DE LA UE has been turned down with the painful-to-read phrase “RESUELTO - NO FAVORABLE”. This was the word over the internet via the government’s Sede Electronica, so I haven’t received the official word in the post yet for why my application was in fact denied.
> 
> ...



hmmm - not sure that a lawyer would make a difference - but it depends why you've been rejected

I think you'll just have to wait to see what reasons they give


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## LILTRBO (Dec 30, 2014)

Hi there, I'm very sorry to hear this. Did you find out why? I also wonder if I'm going to have a hard time with residency. I'd love to hear more about your situation and I wish you all the best!


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## baldilocks (Mar 7, 2010)

director1 said:


> Hi all,
> 
> I just this morning received word that my application for a TARJETA DE RESIDENCIA TEMPORAL DE FAMILIAR DE CIUDADANO DE LA UE has been turned down with the painful-to-read phrase “RESUELTO - NO FAVORABLE”. This was the word over the internet via the government’s Sede Electronica, so I haven’t received the official word in the post yet for why my application was in fact denied.
> 
> ...


Why do YOU think you were rejected? Did you have adequate health coverage? do you have sufficient income? do you have suitable living accommodation? Do you have/show adequate proof of relationship to the EU citizen on the back of whom you are trying to gain residency? For example The suegra had to show *proof* that she was the mother of SWMBO.


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## Garyss (Aug 28, 2013)

I am from the US, but an EU/Italian citizen with an Italian spouse/son. We are in Tenerife and it is not easy paperwork, which could have caused a problem if you are not capable of good language skills and knowledge of the bureaucratic system on the local and Spanish Government requirements. I had to get insurance for my family and deposit 32,000 Euros for starters. They do not say you have to keep the monies on hold, but show you have it deposited. Common errors appear to be a mis-steps in the paperwork. You might consult with a reputable attorney and hopefully one that you obtained from a dependable source. I wish you the best and hope it was just a simple mistake in your applications.


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## director1 (Dec 28, 2013)

Hi Baldilocks,

I’m not sure entirely what the definitive reason was for the rejection, though I imagine I’ll find out in the next week or so. I have a €40/month comprehensive health plan with IMQ. I have a research position at a university in the UK (to which I commute). I have a marriage certificate to my Spanish wife, and empadronamiento certificates stating that we live together. 

The things I could think might have been the issue include:

–*no libro de familia (the woman at the extranjeria who took my documents told me it was not necessary, but perhaps the person deciding my case felt it was*–*in any event the registro civil has told me that it will be months before they issue one due to long backlog);
–*no money in a Spanish bank account (we’ve just moved from the UK to Spain in November, so all our money is in pounds in British banks*– I showed bank statements from my wife’s UK account with over £8,000 in savings, with legal translations);
–*my work contract as a researcher at a UK university (perhaps they couldn’t understand how someone could be employed in one country and live in another?)

These are the three things I could imagine might have been the issue. But I’ll find out for sure soon enough – hopefully on Monday, when I’ve an appointment scheduled at the extranjería to find out just what happened. And then an appointment afterwards with an immigration lawyer to see what can be done about it.

Best,
Dir


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## director1 (Dec 28, 2013)

Garyss said:


> I am from the US, but an EU/Italian citizen with an Italian spouse/son. We are in Tenerife and it is not easy paperwork, which could have caused a problem if you are not capable of good language skills and knowledge of the bureaucratic system on the local and Spanish Government requirements. I had to get insurance for my family and deposit 32,000 Euros for starters. They do not say you have to keep the monies on hold, but show you have it deposited. Common errors appear to be a mis-steps in the paperwork. You might consult with a reputable attorney and hopefully one that you obtained from a dependable source. I wish you the best and hope it was just a simple mistake in your applications.


Thanks Gary, I appreciate the well-wishes. I managed the language ok, and thought I navigated the bureaucracy correctly (I posted earlier about my seemingly successful experience in the extranjería office) but who knows. Good to know that the money doesn't have to be on hold and only needs to show that it exists in the account when you print out the bank statement. The immigration marriage laws in the UK for similar things are much more strict –*you have to have had the money in the bank for at least 6 months prior to application.

Cheers,
Dir


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## director1 (Dec 28, 2013)

LILTRBO said:


> Hi there, I'm very sorry to hear this. Did you find out why? I also wonder if I'm going to have a hard time with residency. I'd love to hear more about your situation and I wish you all the best!



Hey there*– I haven't found out why but will let you know as soon as I do. I researched the tramites SO MUCH for the months prior to the submission of my application that I'm dumbfounded that it was rejected, as I really thought I had a handle on the system. Perhaps one good reason for going with a lawyer in the end –*just to be absolutely certain that all boxes are checked and i's dotted... As it is the headaches this rejection will cause me will well outweigh a few hundred Euros in lawyers' fees...

Thank you for the wishes,
Dir


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## kalohi (May 6, 2012)

Members of the EU have to have a Spanish bank account with a minimum of about 6000€/family member in order to get Spanish residency, and you don't have that. So my guess would be that that's what caused the problem. But my guessing isn't going to help you solve your problem. I hope you get some definitive answers in your meeting at extrajeria next week and manage to finally get your tarjeta. Good luck!


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## baldilocks (Mar 7, 2010)

They do like to see that you have a regular income going into a *Spanish* bank account and/or sufficient capital, again in a Spanish bank account - they can't get at moneys in an account in another country, although quite why they would want to I am not sure. Of course it might be that they are chary of your having to get moneys transferred to Spain to cover your day-to-day living expenses rather than their being already in Spain and being topped up on a regular basis, e.g. by salary or pension transfers/deposits.


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## snikpoh (Nov 19, 2007)

kalohi said:


> Members of the EU have to have a Spanish bank account with a minimum of about 6000€/family member in order to get Spanish residency, and you don't have that. So my guess would be that that's what caused the problem. But my guessing isn't going to help you solve your problem. I hope you get some definitive answers in your meeting at extrajeria next week and manage to finally get your tarjeta. Good luck!


That should read;

... Spanish bank account with a minimum of about 6000€/family member OR regular income of around 600€ per month per person ...!


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## director1 (Dec 28, 2013)

Thanks Kalohi and Baldilocks,

Indeed*– it might well be this banking issue. Although one can't open a bank account (even a non-resident account) without a NIE*–*although I have a NIE and have just opened a BBVA non-resident account. 

As I still spend time in Britain (and have property there), it's silly for me to have my entire salary paid into a Spanish bank account. I wonder though: I could transfer some money (say €6000 or so) into the Spanish account, though I'd lose out on the exchange rate*–*and that's way more money than we need in Spain as we live with my wife's family. Do you think it would be possible to transfer money from a UK to a Spanish bank into Euros*–*and then transfer some amount of that back after the tarjeta is issued without losing out twice on the exchange and buy/sell rate differential?

Cheers,
D


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## snikpoh (Nov 19, 2007)

Just to clarify for others that might read this thread ...

Actually you CAN open an account without an NIE - you just need a passport and a reason for doing it.

I know it's getting harder but people around here are still doing just that.


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## director1 (Dec 28, 2013)

snikpoh said:


> Just to clarify for others that might read this thread ...
> 
> Actually you CAN open an account without an NIE - you just need a passport and a reason for doing it.
> 
> I know it's getting harder but people around here are still doing just that.


Ah right, thanks for the clarification. Good to know...


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## mike kelly (Aug 12, 2009)

From what I hear a lawyer can help with such issues. Also transferring money Spain and UK should not cost much in temrs of commission.


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## snikpoh (Nov 19, 2007)

mike kelly said:


> From what I hear a lawyer can help with such issues. Also transferring money Spain and UK should not cost much in temrs of commission.


CurrencyFair charge me £3 for transferring £20k - not a bad rate at all.


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## kimuyen (Aug 8, 2013)

director1 said:


> ... has anyone had experience being rejected for a tarjeta and then appealing or reapplying? How does this work? Should I finally suck it up and go with a lawyer?
> 
> – Dir


Sorry to hear about your application being rejected. I too applied for a TARJETA DE RESIDENCIA TEMPORAL DE FAMILIAR DE CIUDADANO DE LA UE (my husband has an Irish passport). Though my file was not rejected, it was "archivado" because my husband's registration was rejected the first time. So once he got his registration as an EU member, the gestor appealed to reopen my file. In hindsight, we should not let the gestor appeal as it took much longer than the regular process. Both other lawyers we consulted said they advised against appealing as the process would be longer and it turned out to be true. Just for comparison... It took 30 working days for my first application to be reviewed (and archived); it took more than 2 months (and that was after we hired another lawyer to follow up with the Officina Extranjeria) to get the result. They did approve my application with this appeal and I did have the finger printing done, now am waiting to pick up my card (fingers crossing!)

I am in Barcelona in case it makes a difference. It may be a good idea to call up a couple of lawyers to see what they say about reapplying vs. appealing in your areas. Good luck!


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## LILTRBO (Dec 30, 2014)

kimuyen said:


> ... In hindsight, we should not let the gestor appeal as it took much longer than the regular process. Both other lawyers we consulted said they advised against appealing as the process would be longer and it turned out to be true...



So the alternative is to just start the process over? Sorry to hear about your troubles, too, but I'm learning a lot from others going through the process. Thanks for taking the time to share your experience here!


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## kimuyen (Aug 8, 2013)

LILTRBO said:


> So the alternative is to just start the process over? Sorry to hear about your troubles, too, but I'm learning a lot from others going through the process. Thanks for taking the time to share your experience here!


Reapplying was what the other two lawyers advised me. Unfortunately at that point the other firm already filed an appeal. I could not reapply while my file was open. The wait was agony. One of the lawyers I consulted has been doing this for a while and she was able to contact the Office de Extranjeria to find out about my status. Otherwise, I file might still be sitting there collecting dust, passing a certain time limit and then rejected. I have learned a lot from this forum so check back often and you too can avoid many mistakes. Let me know if I could be of further help.


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## director1 (Dec 28, 2013)

kimuyen said:


> Sorry to hear about your application being rejected. I too applied for a TARJETA DE RESIDENCIA TEMPORAL DE FAMILIAR DE CIUDADANO DE LA UE (my husband has an Irish passport). Though my file was not rejected, it was "archivado" because my husband's registration was rejected the first time. So once he got his registration as an EU member, the gestor appealed to reopen my file. In hindsight, we should not let the gestor appeal as it took much longer than the regular process. Both other lawyers we consulted said they advised against appealing as the process would be longer and it turned out to be true. Just for comparison... It took 30 working days for my first application to be reviewed (and archived); it took more than 2 months (and that was after we hired another lawyer to follow up with the Officina Extranjeria) to get the result. They did approve my application with this appeal and I did have the finger printing done, now am waiting to pick up my card (fingers crossing!)
> 
> I am in Barcelona in case it makes a difference. It may be a good idea to call up a couple of lawyers to see what they say about reapplying vs. appealing in your areas. Good luck!


This is a great help Kimuyen, thank you so much. The time things you mention are really great to know. When you finally picked up your tarjeta, what was the start date on it? Was is the day they printed it? Or the day you submitted application? I'm just wondering when the official residencia is said to begin.


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## director1 (Dec 28, 2013)

Hi everyone – I just heard what the reason for my rejection was. And my response is: AAAARRRRRGGGGGHHHHH!!!

I've just posted the explanation as a new topic on the forum –*http://www.expatforum.com/expats/sp...itional-employment-situation.html#post6256898

Thanks for your comments already – has really helped my sanity a lot to have some support from people on this forum.


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## kimuyen (Aug 8, 2013)

director1 said:


> This is a great help Kimuyen, thank you so much. The time things you mention are really great to know. When you finally picked up your tarjeta, what was the start date on it? Was is the day they printed it? Or the day you submitted application? I'm just wondering when the official residencia is said to begin.


Although I have not picked up my tarjeta yet (they advised to wait for 4 weeks!) but I got a piece of paper to take to the police station to pick up my tarjeta that reads: "Validez: 13/08/2019". The first date I applied was Aug 14, 2014 (the same date my application was stamped). So it counts from the date that you applied and your application stamped and valid for 5 years.


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## director1 (Dec 28, 2013)

kimuyen said:


> Although I have not picked up my tarjeta yet (they advised to wait for 4 weeks!) but I got a piece of paper to take to the police station to pick up my tarjeta that reads: "Validez: 13/08/2019". The first date I applied was Aug 14, 2014 (the same date my application was stamped). So it counts from the date that you applied and your application stamped and valid for 5 years.


Ok, that's helpful to know. At least if it all goes through and they do manage to issue it, I won't have lost actual residency –*just added a few grey hairs . 

Because my application has been rejected, do you think that I need to unregister myself with the padrón and leave the country? I'm American, so can still be here on a tourist/visitors visa for three months, but maybe I'm not allowed to be empadronado?


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## kimuyen (Aug 8, 2013)

director1 said:


> Ok, that's helpful to know. At least if it all goes through and they do manage to issue it, I won't have lost actual residency –*just added a few grey hairs .
> 
> Because my application has been rejected, do you think that I need to unregister myself with the padrón and leave the country? I'm American, so can still be here on a tourist/visitors visa for three months, but maybe I'm not allowed to be empadronado?


From what I understand (I am not an expert here living here less than 6 months!), empadronado and residencia (non-EU members) are two different things. "Empadronado" is simply a registration with the local town hall that you live here, whether you are a resident or not (i.e., the town hall does not ask for proof of residencia when you register, only your ID and rental agreement/purchase contract showing your address). "Residencia" is the legal status/visa granted to someone to live and/or work here. For my residencia, they did ask for the padron. In short, I would not deregister.

I was freaked out when the 3 month mark of my tourist visa approached and my residency was yet granted. But I was advised not to worry as I did apply during the 3months arriving in Spain and that I was waiting for a decision by the Spanish government (my status was "pending"). I have kept a copy of my application status in my purse in case I get in trouble. I am not sure how things are perceived when one's case is rejected vs. pending. I would get myself back into the system as soon as possible so that my status is "pending". My rejected letter says I can contest the decision within 1 month. See if it says so on yours. 

Sometimes I think law abiding citizens like us just endure more misfortune. There are people who could care less. I would not advise not to care but I can't help noticing the irony of it all.


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## xabiaxica (Jun 23, 2009)

director1 said:


> Ok, that's helpful to know. At least if it all goes through and they do manage to issue it, I won't have lost actual residency –*just added a few grey hairs .
> 
> Because my application has been rejected, do you think that I need to unregister myself with the padrón and leave the country? I'm American, so can still be here on a tourist/visitors visa for three months, but maybe I'm not allowed to be empadronado?


no - you don't have to come off the padrón


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## director1 (Dec 28, 2013)

xabiachica said:


> no - you don't have to come off the padrón


That's great Chica - thanks for the confirmation!


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## mere1331 (Feb 23, 2015)

*immigration lawyer needed*

Baldilocks,

Do you have the contact information for a good immigration lawyer? I'm in a similar position worrying that my application for residency will be denied. And while I've looked for lawyers, everyone I contacted in Malaga said they don't deal with immigration law so I'm having trouble finding the right person to talk to. I'd rather have a local lawyer guide us through the whole process so we don't get any details wrong, though I can speak Spanish so that should help. We live i the Granada province near Motril in Almunecar.


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## director1 (Dec 28, 2013)

Hey Mere,

I haven’t updated the forum on my situation, though I am planning to as soon as I get a free moment. But basically, I’ve just been through an appeal process for my denegación, and found a really superb (and affordable) lawyer to put everything together for me –*I should have gone with a lawyer in the first place, would have saved me all the headache of the rejection. 

All she works on is immigration law, so she knows her stuff. She is based in Madrid but we did everything by Skype and email. Feel free to get in touch with her if you’d like, her name is Ainhoa Manero Benavente, her email address (I’ve had to break it up here so this site lets me send it) is: info @ abogadoextranjeriamadrid dot net. Sorry this sounds like a TV testimonial advert for her but I was really happy with how great she was.

In any event, good luck and let me know if you need any pointers/help at all.

All the best,
Roger


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## 213979 (Apr 11, 2013)

I am glad to see this update!


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## mere1331 (Feb 23, 2015)

*Muchissima gracias*



director1 said:


> Hey Mere,
> 
> 
> In any event, good luck and let me know if you need any pointers/help at all.
> ...


I can't thank you enough! I'll get in touch today .


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## director1 (Dec 28, 2013)

mere1331 said:


> I can't thank you enough! I'll get in touch today .



No probs. Also she did one of her degrees (maybe the law one?) in Miami, so she speaka the very good english, in case that's better.


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## martak (Jan 11, 2018)

*appealing the denial*

Hi All!!!

I know I am reviving a pretty old forum here, but I was hoping someone could help us out.

My partner and I are in a really frustrating situation (surprisingly) with the Spanish government. I am an EU citizen and I am now working in Barcelona. He is an American citizen, and before moving, the Spanish Consulate in New York (where we formerly lived and worked together) advised us that our domestic partnership from the US would be sufficient for the Spanish government, if we had it Apotillized and translated (which we did).

Well, it turns out the foreigner's office disagrees with the Consulate, and they denied our first application. They then told us that we have to re-apply, as an "unregistered couple" instead of a registered one. We did, and this was denied again, because they said we did not "meet the requirements".

We have since gone to a Spanish notary and gotten MORE documents from them, to try and prove our relationship.

I wanted to ask, for those who have appealed denials,how does one physically do this? We went to the Sub-delegate of the Government in Barcelona (as our decision letter advised us), but they told us we had to submit an official appeal, yet did not tell us how we can do this. Also, for anyone who has appealed, how long have your appeals taken? Should we bother appealing, or just go with a new appointment?

thanks in advance for your help!!!!

Best
Marta


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## chrisnation (Mar 2, 2009)

snikpoh said:


> CurrencyFair charge me £3 for transferring £20k - not a bad rate at all.


The OP was concerned at the losses due to exchange rate differentials, going from £ to € and back again. viz:

_ ..."though I'd lose out on the exchange rate*–*. Do you think it would be possible to transfer money from a UK to a Spanish bank into Euros*–*and then transfer some amount of that back after the tarjeta is issued without losing out twice on the exchange and buy/sell rate differential?"_

This is something that I am concerned about because my gestora told me this morning that I would have to show a Spanish bank statement with €7000 in credit. I can do this but the losses of FX would be significant.


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