In its resolution, dated November 15, 2022, the Embassy rejected the request because the fact of “living in a democratic country is not the purpose of a non-profit visa” and justified its refusal by the fact that the mother She seemed “nervous” during the interview, trying to “consult notes for each question.”

“He calmly demonstrates that he has no knowledge about Spain, and He did not show any interest in knowing anything about the school where his daughter could attend school, or see what study options your child would have once they arrive, leaving everything in the hands of your lawyer; he will provide,” the resolution stated.

The letter from the Embassy also pointed out that the son [el mayor de edad es varón; la menor era una mujer] He is in college, so he is exempt from military service, an “exemption.”“which will be worthless as soon as I finish my studies. “Getting this non-lucrative residence would free him from having to do military service in Iran,” added the Spanish legation in Tehran.

Contrary to law

After the family’s lawyer appealed the resolution, the TSJM annulled the Embassy’s resolution for being contrary to law on the basis that The family’s request complied with articles 46 to 49 of the Regulations of the Immigration Law, as stated in a ruling made public on October 23 to which El Periódico de España, from the Prensa Ibérica Group, has had access.

According to article 47, specifically, the interested party must comply with one of the two requirements: either have sufficient financial means or prove a regular source of income. In this case, the amount required of the mother was 100% of the monthly IPREM (Multiple Effects Public Income Indicator), situated in 2023 at 600 euros, for each of his children.

In this sense, the resolution of the TSJM considers that the administration did not deny the visas because it did not believe the economic capacity of the young people was proven nor because the mother’s cessation of economic activity had been proven, but for the reasons given in its resolution, among which also stated that the mother “has not yet seen Spain, but has searched on the Internet, He has seen that it has good weather and is a friendly and democratic country. He has friends in Spain and equal rights between men and women are important.

For all these reasons, the High Court annuls the resolution and declares the right of the appellants to obtain their respective non-lucrative temporary residence visas for a period of one year, in addition to imposing the costs of the procedure on the Embassy.