Silence from immigration: does no answer mean yes or no?

Key rules

• Silence effect: Silence means approval or refusal depending on your procedure, so confirm which applies before acting.
• 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.
• Nationality: Nationality by residence has a one-year period, and silence means refusal.
• Proof: Keep your registration receipt, because the decision period runs from the registration date.

The short answer

It depends on your procedure. Silence is not a written decision. It is a legal effect that starts when the office's decision period ends without an answer. For many initial residence and work applications, silence means refusal. For renewals, silence generally means approval. Nationality by residence is always a refusal if the office stays silent.

Never assume a yes. Positive silence cannot give you something the law does not allow, so check your procedure before you act.

When the clock starts

The decision period runs from the day your application is registered at the office that must decide it. It does not start when you first book an appointment or send documents to the wrong office. Keep your registration receipt, because it proves the start date.

How long the office has

• Most residence and work authorisations: three months from registration.
• A few procedures have a shorter period, and some specific cases have 20 days.
• Nationality by residence: one year, and silence means refusal.

Each procedure has its own silence effect in the 2024 immigration regulation, which has applied since 20 May 2025. Ask your Oficina de Extranjería, or the Ministry of Inclusion, Social Security and Migration, which effect applies to your procedure.

If silence means yes

Positive silence counts as a grant of your request. The office must still send a written decision, but it can only confirm the grant. Keep your registration receipt and ask the office for a certificate of silence if you need proof.

If silence means no

Negative silence only exists so that you can challenge it. The office can still decide later, and it is not bound by the silence. You have two routes:

• An administrative appeal (reposición or alzada) within three months after silence takes effect.
• Court, within six months from the day silence takes effect, if you filed no appeal. After a written refusal the court deadline is two months.

After a written refusal, an administrative appeal must be filed within one month.

Counting the days

Deadlines in days count business days only: weekends and holidays are excluded. Deadlines in months run from date to date. Counting starts the day after the notification, or the day after silence takes effect. If the last day falls on a non-business day, it moves to the next business day. August does not count for court appeals. Online filing is open 24 hours.

The decision below, the timeline and the questions below help you apply this to your case. If you are unsure which silence effect applies, ask before the appeal deadline runs out, or speak to a lawyer.

Choosing between options

Should you treat the office's silence as a yes or a no?

• Treat it as approved: Your procedure is one the rules say is granted by silence, as renewals of residence and work permits generally are. The office can then only confirm the approval in writing.

• Treat it as refused and appeal: Your procedure is one the rules say is refused by silence, as many first applications are and nationality by residence is. Silence then only lets you appeal, within three months for an administrative appeal or six months for court.

• Ask the office which rule applies: You cannot tell which kind of silence your procedure has. Ask the Oficina de Extranjería before the decision period ends.

An application counts as granted by silence only where the rules for your procedure say so, and many are refused by silence. Approval by silence can never give you something the law does not allow.

Timeline and deadlines

• Your application is registered at the office that must decide it, and the decision clock starts: on the registration date

• The office must decide most residence and work applications: within three months of registration

• The office must decide the few procedures with a shorter period: within 20 days in specific cases

• Nationality by residence has a longer period, and silence means refusal: within one year

• After a written refusal, file an administrative appeal: within one month of notification

• After a written refusal, go to court: within two months of notification

Frequently asked questions

When does the decision period start counting?

The decision period starts on the date your application is registered at the office that must decide it. Electronic registration works 24 hours a day. A submission made on a non-business day counts as made on the next business day.

Do weekends count when I count the days?

No, deadlines in days count business days only, so Saturdays, Sundays and holidays are left out.

Can the office still decide after silence has taken effect?

Yes, the office must still issue a written decision, but what it can decide depends on the type of silence. After positive silence, it can only confirm the approval. After negative silence, it can decide freely, either way.

How long do I have to appeal after negative silence?

You have three months after silence takes effect to file an appeal with the administration (reposición or alzada). To go to court you have six months.

Does August count for a court appeal?

No, August is not a business month for court appeals, so those days are left out when counting. Administrative appeals are not covered by this exception. Plan ahead if your deadline falls around the summer.