Regularización masiva y recursos de reposición activos

David Neila Attorney What happens to people who have an active appeal? Can they participate in the new regularization program or not? With an active or pending appeal, you cannot apply for the mass regularization program or any other application at the same time. You must choose which process you wish to pursue. This situation creates uncertainty, and while we don't have a general answer, we can outline possible scenarios so you can assess the option with the highest probability of success: 1. WAIT FOR THE APPEAL TO BE RESOLVED: One scenario could involve waiting for the appeal to be resolved, provided we have determined that its probability of success is high or very high and that a response is expected in the coming days: For example, we know that in Barcelona, ​​appeals for reconsideration of student residence permits submitted on November 12/13, 2025, are currently being processed. However, we also know that other appeals have been stalled for longer. Therefore, if we have a case of someone who filed an appeal in November/December or January, it is very likely that a response will be received before June 30. This means that if the appeal is denied, they would still have time to apply for regularization. 2. WITHDRAWING THE APPEAL TO APPLY FOR REGULARIZATION: Here, it's also necessary to analyze whether the appeal would be fully granted or partially granted. (If it's partially granted, it could mean the case file is reopened to continue processing until its final resolution. This could be detrimental because imagine the appeal is partially granted, the case file is reopened, and the regularization is ultimately denied for another reason (in that case, they wouldn't be eligible for mass regularization). One possible scenario would be to withdraw the appeal, consider it lost, and apply for mass regularization instead. In this case, simply submitting the withdrawal request already authorizes you to file another immigration application, as is currently the case when we withdraw to apply for a new procedure. In other words, you wouldn't have to wait for the dismissal order to apply for regularization. 3. WITHDRAWING THE APPEAL NOW OR ONCE IT ENTERS THE PROCESS MASS REGULARIZATION IN EFFECT: Another question that presents major headaches is whether to withdraw now or wait until the regularization comes into effect and we can submit our applications. Based on common practice and years of experience doing the same, it is possible to withdraw at any time and apply on the same day for another immigration procedure without having to wait for the dismissal of the withdrawal. Following this reasoning and consistent practice, one possibility is to wait until the regularization comes into effect and then withdraw at that time, providing proof of withdrawal of the appeal against the regularization residency procedure. I would not withdraw in advance to cover the "minimal" risk that the regularization might not ultimately come into effect. If, on the other hand, the application is fully approved, then it has already been granted, and there is no need to apply for regularization. In any case, these scenarios are not a recommendation or advice but rather an exercise in seeking solutions to future problems that should be assessed on a case-by-case basis. case.