Tracking and answering your fileArticle 2 of 5 · 11 min read
What a request for more documents (requerimiento) means and its deadline
Explains what a requerimiento from the immigration office is, how long you have to answer, how the days are counted and what happens if you stay silent. For anyone who has received a notice asking for more documents.
Key rules
- Deadline: You normally have 10 working days from the day after notification, and the notice states the exact period.
- Unopened electronic notice: An electronic notice you do not open within 10 calendar days counts as received, and your deadline keeps running.
- Extension: You can ask in writing for an extension of up to half of the original period, before the original deadline ends.
- Silence: Ignoring the notice can lead to your application being treated as withdrawn and the file archived.
What a requerimiento is
A requerimiento is a formal request from the office handling your application. It tells you to correct a mistake or add missing documents. It is not a refusal. Your file stays open, but only if you answer in time.
The deadline is short and starts when you are notified. If you ignore the notice, the office can treat your application as withdrawn and archive the file.
How long you have
You normally have 10 working days, counted from the day after the notification. The notice itself states the exact period, so check it first. Some immigration procedures set their own deadline.
Working days exclude Saturdays, Sundays and national, regional or local holidays. If the last day falls on a non-working day, it moves to the next working day. The electronic registry accepts filings every day, but do not plan to use a weekend to finish.
When the clock starts
The clock starts the day after you receive the notice. For an electronic notice, it starts the day after you open it.
If you do not open an electronic notice within 10 calendar days, it counts as received anyway. The response deadline then keeps running, and you can lose your chance to answer. The only exception is a proven technical failure.
How you are notified depends on how you filed. Electronic filers, and people represented by a lawyer, are notified electronically. People who filed on paper are usually notified by post at the address they gave, or in person at the office. If post fails, the notice can be published in the official state bulletin. Alerts by email or phone are only a courtesy and do not change when a notice counts as received, so check your electronic account regularly.
Can you get more time?
You can ask in writing for an extension of up to half of the original period. Make the request before the original deadline ends, through the registry. Give the reason and attach proof if you have it, for example an appointment for a document that is delayed.
The office decides whether to grant it, and it may not reply before your deadline. Do not assume you will get it. Send whatever you can within the original period. A refusal of an extension cannot be appealed on its own.
What happens if you miss it
If you do not answer in time, the office issues a resolution saying you have withdrawn, and archives the file. It does not have to look at the merits of your application.
You still have options:
- A late answer may be accepted if the resolution has not yet been issued, so send it straight away.
- You can appeal the archive resolution.
- You can file a new application if your status allows it, but you may have a gap in your lawful stay.
What to do next
Follow the step-by-step process below. Use the checklist to read the notice, and the cover letter template to write your reply. Always send your answer through the registry and keep the receipt.
Answering a requerimiento step by step
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Read the notice and note the date you received it: As soon as it arrives
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Count your deadline: you have 10 working days, starting the day after you received the notice (or it counted as received). Saturdays, Sundays and holidays do not count, and a last day that falls on a non-working day moves to the next working day: On the day you receive the notice
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Decide who will answer: you, or a lawyer or gestor with written authorisation signed by you (company representatives and professionals must file electronically): In the first days of the period
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Gather the documents asked for and put them in the right form: a sworn Spanish translation for foreign documents, an apostille on public documents issued abroad, and legible PDF files split or compressed to fit the size limit: Well before the last day
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Write a short cover letter in Spanish with your name, what you are sending, the place, the date and your signature: Before you submit
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Submit through the same channel as your original filing, usually the link in the notice online, or in person at a registro or the Oficina de Extranjeros if you may file on paper: Before the last day of the period
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If your file was lodged at a consulate, send the response to that consulate by the route it sets: appointment, email or contact form, or its visa provider: Before the deadline in the notice, normally 10 days
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Keep the registration receipt with its number, date and time, a full copy of everything sent, and the original notice: Right after submitting, and until the permit and any renewals are finished
Checklist
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Check which office issued the notice (Oficina de Extranjería, Delegación or Subdelegación del Gobierno, or consulate) and the date on it.
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Compare the file number, procedure type, name and NIE or passport with your own application to confirm it is your file.
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Read exactly what is requested: which documents, which defects, and any translation or apostille.
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Find the deadline in the notice and the day it starts, which is the notification date or the day you accessed it.
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Read the stated consequence of not answering, which is withdrawal of your application and archiving of the file.
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Note how to respond: electronic registry, in person, or a specific office.
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Look for any appeal information in the notice and keep it with your papers.
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Register your email and phone for notification alerts with the office or your electronic notification account.
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Send an answer to every point, quoting the file number, and keep the registration receipt.
What to watch out for
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Ignoring the notice archives your file: If you do not answer in time, you are treated as having withdrawn your application and the file is archived without a decision on the substance. A new application may leave a gap in your lawful stay. Answer within the deadline. If you are late, send the answer at once, because it can still be accepted before the resolution is issued, and you can appeal the archiving.
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An unopened electronic notice still counts: If you do not open an electronic notification within 10 calendar days, it is treated as received and your response deadline keeps running. You then lose the chance to respond if you do not act. Check your electronic notification account regularly while your application is open.
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Do not count on an extension: You can ask in writing for an extension of up to half of the original period, but only before the original deadline ends, and the office may refuse. A refusal cannot be appealed on its own. Make your request through the registry with the reason and proof, such as an appointment for a delayed document. Meanwhile send everything you can within the original period.
What if you miss the requerimiento deadline?
What happens if you miss the deadline
If you do not answer in time, the office can treat your application as withdrawn and archive it. It does not have to look at the substance of your case. This only becomes final once the office issues a resolution saying so. Until then, you still have a chance.
Can a late answer still count?
Yes, if the office has not yet issued that resolution. In that case it can accept your documents and carry on with the file. Offices differ in how willingly they do this, so send your answer straight away and keep proof of the date you filed it.
Once the resolution archiving the file exists, a late answer is no longer enough. You then need one of the options below.
Check what state your file is in
Do this first, because it decides which route you take.
- Look at the status service on the Ministry of Inclusion's website, or in Carpeta Ciudadana.
- Check your electronic notification mailbox (DEHú) and your post for any resolution.
- Contact the Oficina de Extranjería by email or through an appointment and ask whether a resolution has been issued.
- Submit a written request for a copy of the resolution, or for access to your file. A lawyer can also request the file for you.
Online status pages can lag behind, so a file that looks open may already be archived. If you never received a notification, ask the office directly whether one was issued.
If the file is archived
You have three routes:
- Apply again. This works if you still meet the requirements and the time limits for your status allow it. You pay a new fee. Check first whether your legal stay could lapse while you wait, because a new application does not always protect your status.
- Recurso de reposición. This is optional. You file it with the same office within one month of the notification.
- Court appeal. You file a contencioso-administrativo appeal within two months of the notification.
These time limits are strict, so find the exact date you were notified. If the office never notified you properly, the clock may not have started, and in some cases a late appeal is still accepted.
Refusals and appeals are covered in full on their own page. Read that before you file anything against an archive resolution.
Cover letter template for answering the office
Write your reply in Spanish, as a short formal letter (an escrito). Use the template below and fill in the brackets. Send it promptly and in writing, and keep proof of filing.
What the letter must contain
The office can send your reply back for correction if any of these is missing:
- Your full name, and your representative's if you have one.
- An address or electronic mailbox where you accept notifications.
- The facts, your reasons and what you are asking for.
- The place and date.
- Your signature, or the electronic signature if you file online.
- The office the letter is addressed to, with its code if the request shows one.
Copy the office name and the file reference from the request you received. Check the response period the request states, and that it was formally notified to you.
Language
Write the letter in Spanish. In regions with their own co-official language you may use it, but Spanish is the safe choice. Foreign-language documents may need a sworn translation (traducción jurada). Ask the office whether it requires one for yours.
Template
Al/A la [nombre del órgano u oficina, por ejemplo: Oficina de Extranjería de...] Código de identificación del órgano (DIR3): [código, si consta en el requerimiento]
Asunto: Respuesta al requerimiento notificado el [fecha de notificación]. Expediente n.º [número de expediente].
D./Dña. [nombre y apellidos], con NIE/pasaporte n.º [número], con domicilio en [dirección completa], teléfono [número] y correo electrónico [correo],
EXPONE:
- Que el [fecha] recibí un requerimiento en el expediente indicado, por el que se me solicita [describa lo que piden, con las palabras del requerimiento].
- Que, en respuesta, aporto los siguientes documentos:
- Documento 1: [nombre del documento].
- Documento 2: [nombre del documento].
- [Añada o quite líneas según necesite. Si un documento está en otro idioma, indique "con traducción jurada adjunta".]
- [Si hace falta, explique en una o dos frases por qué el documento es válido o por qué no puede aportar alguno.]
SOLICITA:
Que se tenga por presentada esta contestación y por aportada la documentación indicada, y que se continúe la tramitación de mi expediente.
Asimismo, designo como medio para recibir notificaciones [la dirección electrónica habilitada / mi domicilio / la dirección de mi representante: indique cuál].
En [ciudad], a [día] de [mes] de [año].
Firma: [firma o firma electrónica]
[Si actúa un representante, añada: "Actúa en nombre del interesado D./Dña. [nombre y apellidos del representante], con NIE/DNI n.º [número]", y adjunte el documento que acredita la representación.]
Before you send it
- Attach every document you list, in the order you list them.
- If you need more time to gather the documents, ask for an extension in writing before the period ends. Do not wait for it to run out.
- File it by the route the request names, or through the electronic registry if you filed the original application online. An online application must be answered online.
- Keep the stamped copy or the electronic receipt.
Frequently asked questions
Can I still answer a requerimiento after the deadline has passed?
Yes, a late answer can still be accepted if the office has not yet issued its resolution archiving your file. Send it straight away through the registry and reference your file number. Once the resolution is issued, you can appeal it or file a new application if your status allows.
What happens if I do not answer a requerimiento?
If you do not answer, you are treated as having withdrawn your application (desistimiento) and the file is archived. The office does not have to decide on the substance of your request. A new application may leave a gap in your lawful stay, so ask a lawyer or gestor before filing again.
Do Saturdays, Sundays and holidays count towards the requerimiento deadline?
No, a deadline in days counts working days only, so weekends and national, regional or local holidays are skipped. If the last day falls on a non-working day, it moves to the next working day. Deadlines in months or years run from date to date.
Where will the office send my requerimiento?
It depends on how you filed: electronic filers and those with a lawyer get it electronically, and paper filers usually get it by post or in person. If the post fails, the notice can be published in the official Tablón Edictal Único.
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