Responding when the Ministry asks for more documents

Terms used

• Requerimiento — A requerimiento is the Ministry's formal request that you correct a defect or send missing documents.
• Desistimiento — Desistimiento is the Ministry treating you as having withdrawn your application because you did not reply in time.
• Caducidad — Caducidad is the archiving of a file that has stalled because the applicant did not act.
• Recurso de reposición — A recurso de reposición is an appeal to the same office that made the decision, filed within one month.
• Recurso de alzada — A recurso de alzada is an appeal to the superior of the office that made the decision, filed within one month.

Key rules

• Reply deadline: You have 10 working days from the day after notification to answer, and you can ask in writing for an extension before that time ends.
• Unopened notices: An electronic notice you never open counts as rejected after 10 calendar days, and the file continues without you.
• Missed reply: If you miss the deadline, the file is archived as withdrawn, but you can appeal or apply again.
• Extension: An extension is discretionary, so request it before the original deadline ends.

Reply fast: the deadline is short

You have 10 working days from the day after notification to answer a request for documents. If you need more time, ask in writing before those days end. The Ministry may grant up to 5 more days, but it is not obliged to. Ask early and do not assume you will get it.

Where to reply

Nationality applications are filed online through the Ministry of Justice's electronic office, and the request (a "requerimiento") is notified there. Reply in the same place by uploading the documents. Other public registries are also valid for individuals, but the online route is the normal one. It is compulsory if a lawyer represents you. Read the notice itself, because it states the channel to use.

Save the submission receipt. It proves the date you replied.

Open electronic notices quickly

If a notice sits unopened in the electronic office for 10 calendar days, it counts as rejected (rechazada). The Ministry then treats you as notified and the file moves on, so your reply clock keeps running even though you never read the request. Check your notifications regularly and make sure the contact details on your file are current.

What the request does to the decision clock

Nationality by residence files have a one-year period for a decision, after which silence means refusal. While a request is open, that period is paused. The pause lasts from the notification until you reply, or until the reply deadline passes. It cannot last more than three months. If your inaction keeps the file stalled beyond that, the file can be archived (caducidad).

If you miss the deadline

The Ministry treats you as having dropped the application (desistimiento) and archives the file by a formal resolution. You have two options.

• Challenge the archive decision. File a recurso de reposición with the same office, or a recurso de alzada with its superior. Each has a one-month limit. The strongest grounds are that the request was never properly notified, or that your reply was on time. You can also go to court (contencioso-administrativo) within two months.
• Apply again. An archived file does not stop you from applying again. You pay the fee and provide the documents again, and the one-year wait starts over.

Check first whether the notice was validly given. Invalid notification is the main ground for a challenge.

The timeline, checklist and FAQ below set out the steps in order.

Timeline and deadlines

• An electronic notice is treated as rejected, and the file moves on, if you do not open it: 10 natural days after it becomes available

• Ask in writing for an extension of up to 5 days: before the 10 working days end

• The Ministry's decision period is paused while the request is open: for up to three months

• If you miss the deadline, the Ministry treats the application as withdrawn and archives the file: after the reply deadline ends without a reply

• Appeal the archive decision with a reposición or alzada appeal: within one month of the archive decision

• Go to court against the archive decision: within two months

Checklist

• Read the request and note which documents or corrections it asks for.

• Write down the last day to reply, counting 10 working days from the day after notification.

• Keep the submission receipt showing the date you replied.

• If your file was archived, check whether the request was properly notified and appeal within one month, or file a new application.

Missed deadlines and address changes that sink a pending file

• Unopened electronic notices count as received: If a notice sits unopened for 10 calendar days after it is made available, it is treated as rejected and your file carries on without you. Time limits then run from that date, or from the day you open it if that is earlier. Check the Ministry's electronic office and your email often while your file is pending, and open every notice as soon as it arrives.

• A missed reply can end the file: If you do not answer a request for documents in time, the Ministry treats you as having withdrawn (desistimiento) and archives the file. You would then have to start again with a new fee and new documents, and the one-year wait restarts. Answer within the reply window, or ask in writing for an extension before it ends.

• An old address still counts as valid: A notice sent to the address in your file is valid even if you have moved and did not update it. A notice you never saw can still start the clock and lead to your file being archived. When you move, register at the new address with the town hall (padrón). Then update your address, email and phone on the file through the Ministry of Justice electronic office, or by a registered written submission quoting your file number.

• If your file was already archived: You can challenge the archive decision with a one-month reposición appeal or a one-month alzada appeal, showing the notice was not properly delivered or your reply was on time. A court appeal is possible within two months. Or you can file a new application. Act fast: these deadlines are short. Check first whether the notice was validly delivered, since that is the main ground to challenge.

Frequently asked questions

Does a request for documents stop the one-year decision clock?

Yes, a request for documents pauses the Ministry's decision period from the moment it is notified until you reply or the reply deadline ends. The pause cannot last more than three months. After that, the file may be archived if your inaction is what is holding it up.

Can I reply to a request somewhere other than the Ministry's online portal?

Yes, you can use other official registries as an individual, but the Ministry's electronic office is the normal route. Upload the documents there, where the request was notified. If you have a lawyer or chose electronic notification, the online route is required.

How long do I have to challenge an archived file?

You have one month to file a reposición appeal or an alzada appeal against the archive decision. A court appeal is possible within two months. Your best argument is that the request was never properly notified or that your reply was on time.

Can I just apply again if my file was archived?

Yes, an archived file does not stop you from filing a new application.