How to get a certificate of administrative silence (certificado de silencio administrativo)

Terms used

• Certificado de silencio administrativo — The certificado de silencio administrativo is an official document stating that the decision period ended without a reply, and whether the silence counts as approval or refusal.
• Oficina de Extranjería — The Oficina de Extranjería is the local immigration office that processes foreigners' residence and work applications.
• Subdelegación/Delegación del Gobierno — The Subdelegación or Delegación del Gobierno is the central government's office in your province, which can decide immigration files.
• TIE — The TIE is the foreigner identity card issued to non-EU residents in Spain.

Key rules

• Issue time: After the decision period ends, the office has 15 days from your written request to issue the certificate.
• No set form: A written request with your file number and registration dates is enough, though some offices have their own model.
• Not a decision: The certificate proves the silence but does not replace the office's express decision.
• Not a travel document: Do not count on the certificate to cross a border; it is not a travel document.

Do you have the right to a certificate?

Yes. Once the legal decision period for your file has ended with no reply, you can ask in writing for a certificado de silencio administrativo. The office has 15 days from your request to issue it.

The certificate states that the decision period has passed without a reply. It also states the effect of that silence: positive (your request is treated as granted) or negative (it is treated as refused).

What it does and does not do

It is proof of the date and effect of the silence. Where silence is positive, it is effective as a finished act from the day after the period ends, so the certificate lets you prove your right to the administration or to third parties.

It does not replace a decision. The office must still issue an express decision on your file.

How to ask for it

1. Confirm the legal period for your file has ended without a decision.
2. Write a short request giving your file number and the dates your application was registered. No set form is required.
3. Send it to the office that must decide your case. This is normally the Oficina de Extranjería or the Subdelegación/Delegación del Gobierno of your province.
4. Send it through the office's electronic office, or deliver it in person at a registry. Keep your proof of submission.

Some offices use their own model or electronic channel. Ask your Oficina de Extranjería before you send the request.

Where you can use it

Acceptance depends on who you show it to.

• Employers and some public bodies: they often accept it as proof of a granted authorisation, especially when it confirms positive silence.
• Banks and other private bodies: they often ask for the TIE and may refuse the certificate.
• Travel: it is not a travel document. Border control generally requires a valid document, so travelling abroad can be difficult until your TIE is issued.
• Courts: they accept it as proof of the date and effect of silence in an appeal.

Ask each employer, bank or public body whether it accepts the certificate before you rely on it. The timeline, documents and checklist below cover the steps.

Timeline and deadlines

• Let the legal decision period end without a reply: before you request the certificate

• The office issues the certificate: within 15 days of your request

• Use the certificate as proof of the date and effect of silence: once you have it, while the office still owes you an express decision

Documents you need

• A written request for the certificate, sent to the office that must decide your case. No set form is required, though some offices use their own model.

• Your file number and the dates your application was registered, written in the request.

• The certificate of administrative silence, issued by the Oficina de Extranjería or the Subdelegación/Delegación del Gobierno that must decide your case. It states that the time to decide has passed and what silence means.

Checklist

• Ask the Oficina de Extranjería whether it uses its own form or electronic channel for these requests.

• Send the request to the office that must decide your case, through its electronic office or in person at a registry.

Check with your local Oficina de Extranjería whether it uses its own form or electronic channel.

Frequently asked questions

Does the certificate replace a decision on my file?

No, the certificate does not replace an express decision on your file. It only proves that the time to decide has passed and what silence means for your case.

Do I need a special form to ask for the certificate?

No, there is no mandatory form for the request. A written request with your file number and the dates your application was registered is enough. Some offices have their own model, so ask the office whether it uses one.

Will my employer or a public body accept the certificate?

Employers and some public bodies accept the certificate as proof of an authorisation, especially when it confirms positive silence. Courts also accept it as proof of the date and effect of silence in an appeal. Practice differs by body, so ask first.

Will my bank accept the certificate instead of a TIE?

Often not, because banks and other private bodies commonly ask for the TIE (foreigner identity card) and may refuse the certificate. Ask your bank what it will take before you go.

Can I travel abroad with the certificate?

Travel is generally difficult with only the certificate, because border control requires a valid document and the certificate is not a travel document. Wait until your TIE is issued before planning a trip.