How to proceed when administrative deadlines are suspended?

The objective is to achieve a balance between the concentration of public resources on the essential services necessary in the current context of health emergency and the preservation of the rights and interests of foreigners.

The Ministry of Social Inclusion, Social Security and Migration, through the General Directorate of Migration, has made public a communication regarding the suspension of administrative deadlines, which is included in the third additional provision of royal decree 463/2020 of 14 March that declared the state of alarm due to the Covid-19 health crisis.

The objective of this communication is to achieve a balance between the concentration of public resources on the essential services necessary in the current context of health emergency and the preservation of the rights and interests of those interested in the procedures.

To avoid harm to the rights and interests of those interested and affected in the immigration procedures, applicable by the Secretary of State, and taking into account the provisions of the immigration legislation with the provisions regarding administrative deadlines included in the actual Decree 463/2020, of March 14, states the following:

1st Applications submitted before the entry into force of Royal Decree 463/2020, of March 14, whose resolution proposal is favorable, will be finalized.

2nd Certificates of positive silence will be issued in applications submitted under Law 14/2013, of September 27, prior to the entry into force of royal decree 463/2020.

3rd Application procedures (initial or renewals) submitted before the entry into force of Royal Decree 463/2020, of March 14, whose resolution proposal is denied or archived, will be suspended.

4ª The administration will accept those documents required in the procedure and whose validity has expired during the current exceptional situation.

5th The expiration periods for stays of third-party nationals whose return is not possible due to the international health emergency derived from the coronavirus will be suspended.

6th Authorizations (initial and renewals) presented after royal decree 463/2020, of March 14, will be admitted and processed, without being subject to administrative deadlines.

Finally, the possibility of submitting applications by electronic means is generalized, without prejudice to compliance with certain requirements demanded by the immigration regulations.

Royal Decree 463/2020, of March 14, establishes in its third additional provision the suspension of administrative deadlines and the fourth additional provision regarding the suspension of prescription and expiration periods.

To avoid harm to the rights and interests of those interested and affected in the immigration procedures, applicable by this Secretary of State, and taking into account the provisions of the immigration legislation with the provisions regarding administrative deadlines included in the Royal Decree 463/2020, of March 14, states the following:

There is a whole set of applications submitted prior to the entry into force of Royal Decree 463/2020, of March 14, whose processing has already been carried out and in which the following circumstances occur, such as:

• Substances do not require any additional procedures subject to administrative deadlines, such as requirements;
• The proposed resolution is favorable

The completion of these procedures will allow the foreigner in favor of whom the authorization is issued to carry out, where appropriate, a work activity, without prolonging a situation of uncertainty that, in many cases, can cause serious harm, especially if the family unit is present in Spain.

So, similar to the previous case, there is a series of foreigners whose applications were presented before the entry into force of Royal Decree 463/2020, and whose deadline to resolve also expired before the date, operating the estimatory silence included in the Law. 14/2013, September 27. Thus we would be dealing with people for whom the estimation of their right implies the possibility of undertaking basic work activities for their maintenance, which is why the express resolution confirming the presumed termination must be issued.

Those procedures initiated prior to the entry into force of Royal Decree 463/2020, of March 14, whose processing has already begun and in which the following circumstances occur, will be paralyzed:

• They do not require substantiating any additional procedures subject to administrative deadlines, such as requirements;
• The proposed resolution is to reject or archive the procedure;

The deadlines for filing an appeal will be suspended in accordance with the provisions established in RD 463/2020, of March 14, thus preventing the interested party from being defenseless.

At the end of February of this year, a joint instruction was approved that made it possible to extend stay visas for those residents in China whose return was unfeasible due to the cancellation of flights derived from Covid-19. The spread of this virus already affects the entire globe, not just such residents. The suspension of administrative deadlines dictated by Royal Decree 463/2020, advises more effective and efficient measures, so that the expiration deadlines for the stays of third-party nationals whose return is not possible as a result of the health emergency are suspended. international derived from the coronavirus and is thus accredited. The mere extension of the measures provided for in the aforementioned instructions does not seem sufficient, given the magnitude of the problem. This measure is believed to be all the more convenient since a progressive closure of borders is anticipated.

All applications submitted after the entry into force of Royal Decree 463/2020, of March 14, will be promoted in all their procedures, without prejudice to its provisions regarding the suspension of administrative deadlines. An example of the action scheme could be the rectification process.

• Once the application has been submitted, the interested party will be required to correct, where appropriate, any defects incurred in the application. The correction period will be suspended until the exceptional measures are lifted. However, if the interested party provides the required documentation, the procedure will continue without the administration being subject to the legally or regulatory terms established.

In the case of applications whose processing corresponds to the Immigration Offices, said applications may be submitted through the Mercurio platform. If the application cannot be submitted through said platform, it may be submitted through the Common Electronic Registry of Public Administrations. The presentation may be made in the terms established in the Eighth Additional Provision of Royal Decree 557/2011, of April 20, which approves the Regulation of Organic Law 4/2000, regarding the legitimation and representation system. refers, that is:

• In initial applications: 
  • The obligation of personal appearance of a natural or legal person or an entity without legal personality will be deemed fulfilled when applications, writings or documents authenticated electronically are submitted using electronic signature systems or other advanced electronic signature systems admitted by the General State Administration;
  • The obligation to appear in person will be deemed to have been fulfilled when the electronic presentation of documents is carried out in accordance with the provisions established by Authorization Agreements for the representation of third parties;
• Furthermore, in requests for modification, extension or renewal of residence and work authorizations or stay for studies, student mobility, non-work internships or volunteer services, electronic submission will be accepted based on voluntary representation formulas through of legal acts or specific grants.

Finally, it should be noted that the proposed measures constitute a guarantee for those administered, although it is highly probable that they imply that, once the exceptional measures are lifted, there has been an accumulation of applications whose processing in time is difficult to achieve, which is why It will be necessary to consider resorting to extending deadlines.

(Source: General Directorate of Migration)