On October 15th, we had the opportunity to attend a seminar on immigration at the Ilustre Colegio de la Abogacía de Madrid (ICAM), where the nationality by residence procedure was exclusively addressed. This seminar was a valuable occasion to delve into the practical and regulatory aspects surrounding this process and to share, alongside Ministry professionals and other colleagues, the daily challenges we face when handling nationality application files.
One of the main topics of the conference was the collaboration between the Ministry of Justice and the various professional bodies (lawyers, administrative managers, etc.). The discussion centered on the use of technology and document digitization to automate processes in the management of applications. A key example is the Data Intermediation Platform, which allows relevant information to be quickly verified between different Administrations, helping to reduce wait times and process thousands of nationality applications more efficiently. However, it is essential to remember that, despite advances in digitalization, human intervention remains crucial in the review, verification, and validation of documents.
During the seminar, the importance of complying with the documentary requirements necessary for the nationality application was emphasized. Many of the issues that can lead to a possible requirement or file closure are caused by the lack of adequate documentation. At ARC Legal, we always emphasize the need to submit a complete file to avoid delays or potential denial. Special emphasis was placed on:
- Submitting the complete and valid passport.
- Obtaining properly legalized criminal record certificates, including sworn translations when necessary.
- Providing school certificates for minors that demonstrate their integration into Spanish society, not just their enrollment in a school.
- Ensuring that all documents are valid at the time of submission.
Surprisingly, it was mentioned several times that falsified documents are being submitted, which, in addition to the obvious denial of the application, can lead to legal consequences.
Continuous Residence
Regarding continuous residence, it was clarified that there is no fixed legal time limit defining how long one can be outside of Spain during the residence period required for nationality. However, it was suggested that absences longer than three months in a two-year period may negatively impact the file. It was also reaffirmed that each case is evaluated individually, considering the justification for the absence (e.g., medical or work-related reasons).
Electronic Notifications
Lastly, emphasis was placed on the importance of electronic notifications through the DEU (Unique Electronic Address) system. Both the applicant and their lawyer can receive notifications, which has caused some confusion. If the applicant receives the notification before their lawyer, the response period begins, which can negatively affect the process. It was suggested that the system be revised so that only the lawyer, as the legal representative, receives the official notification.
Continuous Training in Immigration Law
At ARC Legal, we firmly believe that continuous training is the key to offering the best service to our clients. Attending conferences and update seminars allows us to stay up-to-date with the latest regulations and procedures in matters of nationality. Not only do we absorb this knowledge, but we also implement it in practical ways within our firm. This translates into more precise advice, more efficient processes, and personalized attention tailored to each client’s needs.