# Residency Refused



## dstarkey22 (Aug 10, 2017)

My partner has just received this letter in relation to her residency application.


1.	- En el procedimiento instruido no ha quedado acreditado el cumplimiento de ninguna de las condiciones establecidas en las letras a), b) o c) del apartado 2 del art. 3 de la Orden PRE/1490/2012, de 9 de julio (BOE n° 164, del dia 10), en desarrollo del art. 7.1 del Real Decreto 240/2007, de 16 de febrero, sobre entrada, libre circulation y residencia en Espana de ciudadanos de los Estados miembros de la Union Europea y de otros Estados parte en el Acuerdo sobre el Espacio Economico Europeo, modificado por la Disposition final quinta del Real Decreto-ley 16/2012, de 20 de abril (BOE n° 98 del 24/04/2012), en relation con la realization de actividades laborales o la disposition de medios de vida en los terminos regulados en el art. 3.2 c) de la mencionada Orden.

2.	- Esta Oficina es competente para resolver la solicitud formulada (Disposition adicional la del mencionado Real Decreto).
Por cuanto antecede, RESUELVO DENEGAR la INSCRIPCION DE RESIDENTE COMO CIUDADANO DE LA UE solicitada por [first name/last name] .

Contra la presente resolution, que no pone fin a la via administrativa, puede interponer recurso de alzada ante el Sr. Delegado del Gobierno en La Rioja, en el plazo de un mes a partir del dia siguiente a su notification (el plazo concluira el mismo dia en que se produjo la notificacion, publication o silencio administrativo en el mes de vencimiento; si en el mes de vencimiento no hubiera dia equivalente a aquel en que comienza el computo, se entendera que el plazo expira el ultimo dia del mes -articulo 30.4 de la Ley 39/2015, de 1 de octubre, de Procedimiento Administrativo Comun de las Administraciones Publicas-).


The reason for refusal, from what I can understand, is in relation to work, and that there is a limited time available to appeal against it. (My language capabilities are somewhat limited to basic). My questions are;

How would she be able to appeal, and what's the procedure? She is working part-time for an academy teaching English. 

If she doesn't appeal what might happen next?

Also, we are due to get married in September and she's looking to change all of her documentation then, to reflect her status and name change, so would it be better to re-apply then?

We are totally confused that there has been no other communication from the powers that be. Help and advice appreciated, although I imagine there to be many regional differences from here in La Rioja.


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## cermignano (Feb 9, 2017)

You might need to engage a gestura


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## Megsmum (Sep 9, 2012)

Is your wife to be English?


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## dstarkey22 (Aug 10, 2017)

Megsmum said:


> Is your wife to be English?


Yes, she is. I've been here a couple of years and she arrived last September.


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## xabiaxica (Jun 23, 2009)

dstarkey22 said:


> Yes, she is. I've been here a couple of years and she arrived last September.


Without actually looking up all the aforementioned clauses - it seems that she has been unable to show that she either has a contracted position, or that she has another way of supporting herself financially.

I didn't know they sent letters out - usually they just send people away with a list of things they need to bring in order to register.


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## Megsmum (Sep 9, 2012)

xabiachica said:


> Without actually looking up all the aforementioned clauses - it seems that she has been unable to show that she hasn't shown that she either has a contracted position, or that she has another way of supporting herself financially.
> 
> I didn't know they sent letters out - usually they just send people away with a list of things they need to bring in order to register.


Is it because they were not married when they applied therefore she ( to be wife) has to show independent means?


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## xabiaxica (Jun 23, 2009)

Megsmum said:


> Is it because they were not married when they applied therefore she ( to be wife) has to show independent means?


In a nutshell, yes, almost certainly.

As a single person, she has to register in her own right.


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## dstarkey22 (Aug 10, 2017)

xabiachica said:


> In a nutshell, yes, almost certainly.
> 
> As a single person, she has to register in her own right.



That's right. She was trying to register in her own right. She works part-time as an English teacher.


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## dstarkey22 (Aug 10, 2017)

xabiachica said:


> Without actually looking up all the aforementioned clauses - it seems that she has been unable to show that she hasn't shown that she either has a contracted position, or that she has another way of supporting herself financially.
> 
> I didn't know they sent letters out - usually they just send people away with a list of things they need to bring in order to register.



They actually sent it via recorded delivery to be signed for, and it would have been better if they'd included a list of reasons why and what to do, as well as what happens next. So confusing and she's now worried that they won't allow her to stay her any longer


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## Megsmum (Sep 9, 2012)

dstarkey22 said:


> That's right. She was trying to register in her own right. She works part-time as an English teacher.



So does she have private Heath care ? Is she employed and or autonomo and reach the required financial requirements?


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## Alcalaina (Aug 6, 2010)

dstarkey22 said:


> They actually sent it via recorded delivery to be signed for, and it would have been better if they'd included a list of reasons why and what to do, as well as what happens next. So confusing and she's now worried that they won't allow her to stay her any longer


When you say "she's worried they won't allow her to stay any longer" do you mean her employers might not let her stay in the job? She can't be thrown out of the country. She's an EU citizen. 

Try again after the wedding, preferably at a different office. A gestor is a good idea.


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## dstarkey22 (Aug 10, 2017)

Megsmum said:


> So does she have private Heath care ? Is she employed and or autonomo and reach the required financial requirements?


They asked for the usual documentation and her contract of employment. At no time did they ask for her bank statements or private health care.

Very frustrating as to know what to do next, or what will happen next.


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## xabiaxica (Jun 23, 2009)

dstarkey22 said:


> They asked for the usual documentation and her contract of employment. At no time did they ask for her bank statements or private health care.
> 
> Very frustrating as to know what to do next, or what will happen next.


if she has a contract of employment, she shouldn't need private healthcare, nor to show her bank statements

Unless there was some issue with the contract itself. 

I wouid make an appointment with a gestor & see what they suggest

As Alcalaina says though, as an EU citizen, she won't be thrown out 

Where are you marrying?


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## dstarkey22 (Aug 10, 2017)

xabiachica said:


> if she has a contract of employment, she shouldn't need private healthcare, nor to show her bank statements
> 
> Unless there was some issue with the contract itself.
> 
> ...


The only thing I can think of is that it's only a part-time contract, but then again so is mine and I had no problems at all. BTW, marrying next month in Gibraltar as the process was/is a lot smoother


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## xabiaxica (Jun 23, 2009)

dstarkey22 said:


> The only thing I can think of is that it's only a part-time contract, but then again so is mine and I had no problems at all. BTW, marrying next month in Gibraltar as the process was/is a lot smoother


It might be that it's a part time contract indeed

Just wait until you're married then, if it's that soon

Congrats


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## Megsmum (Sep 9, 2012)

dstarkey22 said:


> They asked for the usual documentation and her contract of employment. At no time did they ask for her bank statements or private health care.
> 
> Very frustrating as to know what to do next, or what will happen next.


So presumably she has a contract that gives her state healthcare i.e. an employment contract. Where social security payments are deducted and you have registered with your local health Centre ? She still has to reach the required income levels as an individual and as a couple you will both have to reach that requirement alongside the relevant health cover. What health cover do you have?

Good luck with the wedding


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## xabiaxica (Jun 23, 2009)

I have heard of very short hours or temporary contracts no being accepted for resident registration, which if you think about it makes some sense.

If you're only working a few hours a week, you're unlikely to be able to support yourself, & if the contract ends in a few weeks, that's the same result.

It used to be (& I have a feeling that it's supposed to be) that you only had to prove self-sufficiency on the day of registration


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## Chica22 (Feb 26, 2010)

Check if it is possible when you get married to also obtain a marriage certificate in Spanish, this may be required if you apply for residency jointly (wife dependant on husband's income) or have a joint bank account etc.

It may be far easier to obtain one at the time of marriage as opposed to having the English certificate translated in the future.


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