How deadlines (plazos) in Spanish letters really work

Key rules

• Saturdays: Saturday is not a working day for deadlines, even if the office or registry is open.
• Day zero: The day you receive the notice is not counted; counting starts the next day.
• Month deadlines: A deadline in months ends on the same-numbered day of the later month, or the last day of a shorter month.
• Holiday calendar: Use the holiday calendar of the place where the deciding office is based.
• Silence: For first residence and work applications, no answer in time generally means a denial.

Deadlines in days are working days

Deadlines in days are working days, which exclude Saturdays, Sundays and holidays, and they start counting the day after the notice takes effect. Saturday never counts, even if the office is open.

The day you receive the letter, or the day it is published, is day zero. Day one is the next working day.

Deadlines in months or years

A deadline in months or years is counted from date to date. It still starts the day after the notice. It ends on the same-numbered day of the later month.

If that month has no such day, it ends on the last day of that month. Example: a three-month deadline from a notice on 30 November ends on 28 February (29 in a leap year).

If the last day is not a working day, the deadline moves to the next working day. This applies to day deadlines too.

Which holidays apply

Three kinds of holiday count as non-working days:

• National holidays.
• Holidays of the autonomous community (region).
• Local holidays, up to two per municipality.

The calendar that applies is the one for the place where the office handling your case has its seat. The State publishes its calendar every year, and each region publishes its own, with local holidays. Check the current year's calendar for that place, not for the town where you live.

Filing online

The online registry of an office is open every day, so you can submit on a Saturday or a holiday. That does not extend your deadline, though. Submit before the last working day, not on the day after it.

When the office does not answer

Offices also have a time limit to answer you. It runs from one to three months, depending on the procedure. It is counted from the day your application is entered in the registry of the office that decides it.

If the limit passes with no answer, that is called administrative silence. Silence can mean yes or no:

• For first residence and work applications, silence generally means no. Your application is denied, and the deadline to challenge that starts to run.
• Some procedures, such as certain renewals and applications by family members of EU citizens, are treated as approved if there is no answer.
• Some renewals for long-term permit holders keep the old permit valid while you wait.

Check the specific procedure and its time limit with the office that handles your case. The decision, timeline and FAQ below set out the cases, and the calculator below can count your dates.

If you have already missed a deadline, see the section below on what to do.

Choosing between options

Does the office's silence mean yes or no on your application?

• Silence means no: Your application is a first residence or work authorisation, such as an initial residence permit or arraigo, and the time limit passes without an answer: it is treated as denied.

• Silence means yes: Your procedure is one the regulation gives positive silence, such as certain renewals or applications by family members of EU citizens: it is treated as granted.

By default silence is positive, but the law sets it as negative for first extranjería applications. Find your exact procedure in the immigration regulation or ask the immigration office which rule applies. For some renewals your previous permit stays valid while you wait.

Timeline and deadlines

• Notification or publication of the act: this day itself is not counted: on the day you are notified

• A plazo in days starts, counting working days only: the day after notification or publication

• A month plazo ends on the same-numbered day of the later month, or the last day of that month if there is no such day: at the end of the months stated in the letter

• If the last day is a non-working day, the deadline moves to the next working day: when the final day is a weekend or holiday

• If there is no answer, silence takes effect: usually a denial for first residence and work applications, and a plazo to challenge it starts the day after: when the office's time limit passes without an answer

What if you missed the deadline in an official letter?

It depends on what the letter asked for. Some late answers are still accepted, and some deadlines are final. Act quickly either way.

Deadlines you can still answer late

If the letter asks you to send a document or reply to a step in a procedure, a late answer still counts. The office must accept it if it arrives before the office takes its next step, or on that same day. You usually cannot see when that will be, so send your answer as soon as you can.

Deadlines that are final

• Appeals. Once the time to appeal a decision has passed, the decision stands and you cannot challenge it. This covers all the usual kinds of appeal, including a court challenge.
• Applications with a legal expiry. If the law sets a cut-off for filing, missing it usually loses the right.
• Payments. Taxes and fines have fixed payment periods. After them you face surcharges, interest or enforced collection, so pay as soon as you can. Paying late is much cheaper than waiting for enforcement.

Two traps in the middle

• A request to fix your application. The letter, called a requerimiento, gives you 10 days. If you do not answer in that time, the office can treat your application as withdrawn (desistida). Answer late anyway, because it may still be accepted before the office acts. Do not count on it.
• A stalled file. If a procedure stands still for three months because of something you failed to do, it can expire (caducidad). You would then have to start again.

Who to contact

1. The office that sent the letter. Send your late answer in writing through its registro. You can do this online through its sede electrónica or in person at an Oficina de Asistencia en Materia de Registros. Say that you are answering late and ask them to accept it. Keep the stamped receipt.
2. A lawyer or an authorised gestor, if an appeal deadline has passed. Do this straight away. The options are limited, mainly an extraordinary review or a new application, and a professional can tell you which one fits.
3. Free help, if money is tight. If you have a low income, you can ask for free legal aid at the legal guidance service of the local bar association (Colegio de Abogados). Charities and your town hall's immigration advice service also help foreigners with official letters.

Deadline (plazo) calculator for working days

Work it out

What you enter

• Working days given in the letter (days): The deadline wording in your letter, for example 'diez días hábiles'.
• Saturdays and Sundays that fall in the counting period (days): Mark the days on a calendar, starting the day after the notice takes effect.
• National, regional or local holidays on a weekday in the period (days): The official holiday calendar for the place where the office handling your file has its seat.

Figures used

• Counting starts this many days after the notice takes effect: 1 days (as of 2016)

Worked example (with Working days given in the letter 10 days, Saturdays and Sundays that fall in the counting period 4 days, National, regional or local holidays on a weekday in the period 1 days)

When the sum misleads

• If the last day lands on a Saturday, Sunday or holiday, it moves to the next working day.
• For deadlines in months, count from date to date: the same-numbered day of the later month, or the last day of that month if it has no such day.
• Court notices and some tax procedures follow their own counting rules, so ask the office or a lawyer.

Frequently asked questions

How do I count a plazo of 3 months that starts on 30 November?

A plazo of 3 months ends on the same-numbered day of the later month, counted from the day after notification.

Which holidays count as non-working days for my plazo?

The holidays that count are national, regional and local ones in the official calendar of the place where the office handling your case has its seat. Local holidays (up to two per municipality) are published in the regional official gazette. Check that calendar rather than the one for your own town.

Can I submit something online on a Saturday or holiday?

Yes, the electronic registry is open every day, but a deadline that falls on a non-working day moves to the next working day. Filing on a weekend does not give you extra time. It also does not add days to a plazo.

What happens if the immigration office never answers my first residence application?

Usually your first residence or work application is treated as denied if the time limit passes without an answer. For initial residence permits the limit is generally three months, counted from when your application is entered in the registry of the office that decides it. You can then challenge the denial.