Residence permit

The Supreme Court (TS) has decided that it is not possible to deny the residence card to a family member of a European Union citizen just because that person has been detained by the police and is undergoing criminal proceedings. It all started when a Dominican woman was denied this permit in Barcelona, alleging that there were reasons to believe that she represented a threat to public order, based solely on that detention and the fact that there was an ongoing investigation.

The woman appealed, and although initially a court ruled in her favor, the High Court denied it again, insisting that the mere existence of criminal proceedings justified the rejection. Faced with this, the affected person turned to the TS, which, recalling a recent European ruling on this matter, has been clear: if the facts and how they affect the situation are not clearly shown, neither the seriousness nor the personal circumstances, it cannot be presumed that the person is a threat. It is not enough to simply say that there is a detention and some open papers.

The TS also emphasizes that authorities must analyze each case in a detailed, specific, and non-automatic manner. If this is not done, the permit cannot be denied on grounds of public order or security. Thus, the ruling sides with the applicant and recognizes her right to obtain the residence card as a family member of a European citizen.

Consult our professionals in immigration matters, irregular situation, etc., for procedures and actions that may arise from these situations or dissatisfaction with an administrative or judicial action in this regard