Withdrawing or restarting a residence application

Terms used

• Desistimiento — Desistimiento is the formal withdrawal of your own application before the office decides it.
• Tasa — The tasa is the government fee you pay when you start an immigration procedure.
• NIE — The NIE is the foreigner identification number used for dealings with Spanish authorities.
• Requerimiento — A requerimiento is an official request from the office to send missing documents or fix your application.
• Arraigo — Arraigo is a residence permit route for people already living in Spain without a permit, based on ties to the country.

Key rules

• Fee: Withdrawing generally means you lose the fee and pay again if you refile.
• Short stay: On a short stay or visa exemption, your 90-day limit keeps running after you withdraw.
• Permit being renewed: Withdrawing can end the extension of your old permit and leave you irregular.
• Form: A signed statement with your file number, name and NIE or passport number is generally enough.

What withdrawal means

Desistimiento is you voluntarily withdrawing your own application before the office decides it. You can do it at any time before the resolution is issued. The office then closes the file. If the file has several applicants, it only affects the person who files the withdrawal. The office normally accepts it, unless the matter is of general interest or another party asks to continue.

How to file it

You do not generally need a special form. Write and sign a short statement (escrito) saying you withdraw. Put in your full name, file number, and NIE or passport number.

File it with the office handling your file. That is the immigration office or the government sub-delegation, or the consulate if you applied for a visa. You can file it electronically or at any public registry. If a representative files for you, they must prove their authority.

Some offices have their own channels or models, so ask your office before you file. Keep your proof of filing until the office issues the resolution closing the file. The documents and checklist below give the full list.

What it does to your fee

Expect to lose the tasa you paid. It is generally not refunded, because it is due when the procedure starts. It also cannot normally be reused, because each tasa is tied to one procedure. If you refile, plan to pay again.

A refund is possible only in limited cases of undue payment, such as paying twice or paying by mistake. If your application was never admitted for processing, you can try asking for a refund, but it is not guaranteed.

What it does to your stay

Withdrawing does not give you a right to stay, and it does not take one away. It can end protections that depended on the pending application.

• Short stay or visa exemption: the 90-day limit keeps running.
• Permit being renewed: the extension of your old permit ends when the file closes. If the permit has expired, you may become irregular.
• Already irregular (for example, applying for arraigo): you had no right to remain before, and you have none after. Withdrawing does not by itself start a removal procedure.

Do not rely on staying beyond your authorised period. Your status at the time decides the effect, so get individual advice before you withdraw.

When to withdraw and when to wait

Withdraw and refile when:

• the application has a defect you cannot fix by amendment, such as the wrong permit type; or
• you only meet the requirements later, such as the continuous residence period for arraigo or an income threshold.

Wait or amend when:

• the problem can be fixed by answering a request for documents (requerimiento); or
• the pending application protects you, for example by extending your permit.

Do not withdraw if it would cost you your lawful status, your original filing date or your fee, unless you have checked the consequences first. The decision block below walks you through the choice.

Choosing between options

Should you withdraw and refile, or wait and amend?

• Withdraw and refile: The application has a defect you cannot fix by amendment, such as the wrong permit type, or you meet the requirements only at a later date. Expect to pay the fee again.

• Wait or amend: The problem can be fixed by replying to a request for documents, or the pending application protects you, for example through an extended permit.

Do not withdraw if you would lose your lawful status, your original filing date or your fee for something an amendment could fix. Check the consequences before refiling.

Timeline and deadlines

• On a short stay or visa exemption, the 90-day limit keeps running after you withdraw: from the day you entered, whether or not you withdraw

• On a permit being renewed, the extension of your old permit ends and you may become irregular if it has expired: when the office closes the file after your withdrawal

Documents you need

• A signed written statement (escrito) saying you withdraw your application. No specific form is generally required.

• The file number of your application, along with your full name.

• Your NIE or passport number, written in the statement next to your signature.

• Proof of authority to act for you, if a representative files the withdrawal on your behalf.

Checklist

• Check whether your problem can be fixed by answering a request for documents instead of withdrawing.

• Check what status you hold now and whether the pending application protects it.

• Write and sign a statement of withdrawal with your file number, name and NIE or passport number.

• File it with the office handling your file (or the consulate for a visa), electronically or at any registry.

• Attach proof of authority if a representative files for you.

Confirm the filing channel with the office handling your file.

Frequently asked questions

Do I get my application fee back if I withdraw?

No, the fee (tasa) is generally not refunded after you withdraw, because it is due once the procedure starts. It also cannot normally be reused for a new application, since each fee is tied to one procedure.

Does withdrawing change how long I can stay in Spain?

Withdrawing does not give you or take away a legal stay by itself, but it ends any protection that depended on the pending application. If you were renewing a permit that has expired, you may become irregular once the file closes.

Will withdrawing start a removal procedure?

No, withdrawing does not by itself start a removal procedure, even if you were in irregular status when you applied. You still have no right to remain, so do not stay beyond the period you are authorised for.

When does withdrawing and refiling make sense?

Withdrawing and refiling makes sense when the application has a defect you cannot fix by amendment, such as the wrong permit type. It also fits when you only meet the requirements later, such as a required residence period or an income level. If a reply to a request for documents can fix the problem, wait instead.