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Thursday, 20 September 2018 08:22

Essential to prove financial funds in the renewal of residence for majoriry age foreigners

The Chamber of Administrative Complaints of the Supreme Court of Justice (hereinafter "TS"), through the ruling pronounced last July 9th of 2018, points out that has been a constant in issues of foreign legislation in the last few years, the requirement of having the economic funds for the maintenance of age (protected) foreigners that required the authorization of residence in Spain.

Moreover, the “TS” stipulates that in case a minor immigrant under the supervision of the Administration, in order to obtain a temporary Residence Authorization, reaches the age of majority, it will be essential for its purposes demostrate their financial capacity to effects of granting such permission. These financial funds, shall be equivalent to the 100% of the “IPREM” and, if this requirement is not credited, the Administrative Authority may deny the permission without another type of assessments.

The previous economic requirement, is regulated on the Article 197.2th, paragraph "a") of the Royal Decree- Law 557/2011 of April 20th, which approves the regulations of the Organic Law 4/2000 about rights and freedoms of foreigners and their social integration in Spain, after its reform by the Organic Law 2/2009 (hereinafter ”Immigration Regulations”).

Notwithstanding, the Administration argues that the “Immigration Regulations” has valued the special condition of the foreigner that reaches the majority age, lowering the limit of 400% established in general issues, to the 100% previously exposed (IPREM). Hence arises the unconditionality of this formal requirement and the justification of the unnecessary assessment of other substantive requirements by the Administration

It is worth to mention that this legal measure, is endorsed by the European Immigration Policy Norms, as well as the International Agreements signed by Spain in this matter.

WHAT WE MUST UNDERSTAND BY “IPREM”?

The “IPREM”, is a standard index used in Spain as a reference for the granting of aids or unemployment benefits. It had its origin in 2004 to replace the Minimum Wage Index (SMI). The “IPREM” is annually published by means of the General State Budget Law.

Writings SF Lawyers