Silence and delays on your file

It is for anyone considering, planning or going through a move to Spain. After reading, you will know whether silence helps or hurts you and which escalation steps exist.

Start with "Silence from immigration: does no answer mean yes or no?". The effect of silence depends on the type of application, so that page tells you where you stand before you decide what to do next.

From there, go to the page that matches your problem:

• To judge whether your file is late and how to track it, read the page on how long a decision should take.
• To get written proof of the silence, read the page on the certificate of administrative silence.
• To push a stalled file, read the page on complaints, the Ombudsman and court action.
• If your permit or visa runs out while you wait, read the page on expiry during a wait.
• If you applied from abroad, read the page on consulate silence.

Key rules

• Late renewal: A renewal can still be filed up to 90 days after the permit expires, but the automatic extension of validity then does not apply and a fine may follow.
• Court deadline: If nothing is decided and you filed no appeal, you have six months from the day silence takes effect to go to court, and two months from an express decision.
• Silence certificate: Once the decision period has passed, you can ask in writing for a certificate of silence, and the office has 15 days from your request to issue it.
• Silence effect: Silence means approval or refusal depending on your procedure, so confirm which applies before acting.
• Only court forces action: Only a court claim can force the administration to act, and it usually orders a decision, not a permit.

Silence and delays on your file: the whole process, step by step

• Find out the effect of silence for your procedure (read: Silence from immigration: does no answer mean yes or no?): before or right after you file

• Note the decision period, which runs from the day your application is registered (read: How long a decision should take and how to check your file): usually three months for most residence and work applications

• Check your file status regularly online and watch your electronic notifications, as a notice left unopened is treated as rejected: from the day you file; a notice unopened for 10 calendar days is treated as rejected

• If your permit is close to expiry, file the renewal on time so validity extends while the file is open (read: Your permit or visa expires while your file is still undecided): during the permit's validity or in the 90 days before expiry

• If you filed a renewal late, file it anyway: up to 90 days after the permit expires, though the automatic extension then does not apply and a fine may follow

• Ask in writing for a certificate of silence (read: How to get a certificate of administrative silence): once the decision period has passed; the office has 15 days from your request to issue it

• Send a written request asking the office to resolve, then a complaint through its complaints service or to the Defensor del Pueblo, the Ombudsman (read: Escalating a stalled file with complaints, the Ombudsman and court action): after the period has passed; the Ombudsman normally accepts complaints within one year of the facts, and complaints do not stop legal deadlines

• Appeal against a presumed refusal by reposición or alzada, or go straight to court: for an appeal, three months after silence takes effect; for an express refusal, one month

• Go to the contencioso-administrativo court if nothing is decided and you filed no appeal: six months from the day silence takes effect, or two months from an express decision

• If you applied for a visa from abroad and the consulate is silent, send a written inquiry, then a complaint, then appeal (read: No answer from the Spanish consulate on your visa): after the visa period has passed; an appeal against an express refusal is one month for reposición or two months for court

Documents you may need

Identity and residence

• Your NIE — How long a decision should take and how to check your file
• Your expired TIE — Your permit or visa expires while your file is still undecided

Payments and receipts

• Stamped or electronic filing receipt — Your permit or visa expires while your file is still undecided
• Receipt from your fingerprint appointment — Your permit or visa expires while your file is still undecided

Other documents

• A written request for the certificate — How to get a certificate of administrative silence (certificado de silencio administrativo)
• Certificate of extended validity or status record from the Oficina de — Your permit or visa expires while your file is still undecided

Silence and delays on your file: questions that cross several articles

Does silence from immigration mean my application is approved?

Not always: silence is positive for some procedures, such as many renewals, and negative for many first applications. The effect is set procedure by procedure, so check yours. Read "Silence from immigration: does no answer mean yes or no?" and then "How long a decision should take and how to check your file".

Is silence a written decision I can appeal?

No, silence is not a written decision, but you can still challenge a negative silence by appeal or in court. The office must still issue an express decision later. Read "Silence from immigration: does no answer mean yes or no?" and "Escalating a stalled file with complaints, the Ombudsman and court action".

How are the days in my deadlines counted?

Deadlines in days count business days only, and deadlines in months count from date to date, starting the day after notification or after silence takes effect. A deadline ending on a non-business day moves to the next business day. See "How long a decision should take and how to check your file" and "Escalating a stalled file with complaints, the Ombudsman and court action".

Can I prove my file is in silence to a third party?

Yes, you can ask the office for a certificate of silence once the decision period has passed, and it states the effect of silence. It does not replace an express decision.

Where can I see what is happening with my file?

You can check your file status online with the file number and your NIE or passport number, or through the electronic office with a digital certificate or Cl@ve. Notices also arrive electronically, so watch them.