REQUIREMENTS, RESOLUTION, PROCESSING AND REFUSAL OF THE LETTER OF INVITATION
The individual who intends to obtain a letter of invitation in favor of a foreigner must direct her/his request to the Police Station of her/his place of residence, which will be competent for its processing and issuance
The application must contain the following points:
Name, surname, place and date of birth, nationality, number of the identity document or passport, in the case of Spanish, or passport, foreigner identity card or foreigner identity number, when they do not hold Spanish nationality, and address or complete place of residence
Expression of their willingness to invite and host the invited person, either at their main address, which will be the one indicated above, or in a second home, in which case, it will determine the specific place.
Name, surnames, place and date of birth, nationality, specific place of residence or domicile and the guest's passport number. Exceptionally, in the cases in which the management advises it, the invitation may refer to several people, and the aforementioned data must be indicated in the request for each of them, as well as the availability of address for all.
The guest's stay time planned, specifying, approximately, the first and last day of the stay.
Before signing, it must be stated that the invitee declares that the information presented is true.
In the request, the invitee must state that she/he is informed that:
The Penal Code, approved by Organic Law 10/1995, of November 23, 1995, defines as a crime, in article 318. bis: "that which directly or indirectly promotes, favors or facilitates trafficking illegal or clandestine immigration of people from, in transit or to Spain, will be punished with the penalty of four to eight years in prison".
Organic Law 4/2000, of January 11, on rights and freedoms of foreigners in Spain and their social integration, considers a very serious offense: "nducing, promoting, favoring or facilitating for profit, individually or as part of an organization, the clandestine immigration of people in transit or destined for Spanish territory or its permanence in the same, as long as it does not constitute a crime", being able to impose a fine of 6,001 to 60,000 euros or expulsion from the national territory, with prohibition of entry for a period of three to ten years, as provided for in its articles 54.1.b) , 55.1.c) and 57.1. of the aforementioned Organic Law 4/2000, of January 11
The data related to the identity, passport number, nationality and residence, both of the guest and the invitee, will be incorporated into a file of the General Directorate of the Police, being able to exercise the rights of access, rectification and cancellation before the General Commissariat for Immigration and Borders, in accordance with the provisions of Organic Law 15/1999, of December 13, on the protection of personal data.
Once the request is resolved, the competent authority will notify the interested party of the resolution adopted which, in the event of being estimated, will contain the notice to collect the Invitation Letter.
The notification of the favorable resolution of the request for Invitation Letter will take effect so that the payment of the corresponding rate, in the terms provided in articles 44 to 49 of Organic Law 4/2000, of January 11, and in the Ministerial Order establishing the Amount of fees for granting administrative authorizations and issuing documents on immigration and foreigners. The payment of the fee must be made within a period of one month from the aforementioned notification, and the proof of said payment must be provided to collect the invitation letter.
The denial of the Invitation Letter should be motivated and will express the appeals that proceed against it, the administrative or judicial body before which it would have to present them and the term to file them.
Once the request is received by the competent agency for its processing, it will begin its processing, appointing itself an instructor of the procedure, in order to resolve in the sense that proceeds in relation to it as soon as possible. deemed pertinent, the applicant may be summoned to hold a personal interview in order to verify his identity, the validity of the documentation provided and the veracity of the information contained in the application.
Failure to appear, except for force majeure, within the established period, which may not exceed fifteen days, will have the effect of considering the applicant withdrawn from the procedure.
Eventually, the following failures will be grounds for denial of the invitation letter:
Failure to provide or lack of veracity of the data contained in the aforementioned Application.
Failure to comply with the requirements set forth in article 28.3 of the Regulation of Organic Law 4/2000, approved by Royal Decree 2393/2004.