Approval was not the end of the case
The applicant had already received an international teleworker residence authorization. The administration later opened proceedings to extinguish it after identifying a period in which the required Social Security position was not considered properly maintained.
The applicant subsequently obtained a retroactive registration in the Spanish self-employed Social Security scheme covering the relevant period.
The court's decision
The Madrid High Court held that the retroactive effect of that registration had to be recognised. Once the relevant period was covered retroactively, the factual basis relied upon to extinguish the residence authorization no longer existed.
The court upheld the applicant's appeal and annulled the extinction decision.
The legal lesson
Immigration compliance does not stop on approval day.
Residence status can depend on obligations that continue after the initial decision. Social Security, work arrangements and other continuing requirements may matter throughout the life of the authorization.
And when something does go wrong, the legal question may be very different from the one involved in the original application.
APPLICATION → APPROVAL → COMPLIANCE → RENEWAL
