Reading a letter from the immigration office (extranjería)

Terms used

• Extranjería — Extranjería is the immigration office that handles residence permits and other applications by foreigners in Spain.
• Dirección Electrónica Habilitada — The Dirección Electrónica Habilitada is an official electronic mailbox where public bodies send you notifications.
• Carpeta Ciudadana — The Carpeta Ciudadana is a government online folder where you can see your files and receive notifications.
• Requerimiento de subsanación — A requerimiento de subsanación is an official request to fix or complete missing documents in your file.
• Desistimiento — Desistimiento means your application is treated as withdrawn, here because you did not answer a request in time.
• Recurso de reposición — A recurso de reposición is an optional appeal to the same office that made the decision.

Key rules

• Reply window: A request to correct or complete your file must usually be answered within 10 working days, or the application can be treated as withdrawn.
• Appeal windows: Against a decision you generally have 1 month to appeal to the same or a higher body and 2 months to go to court, counted from the day after notification.
• Proof: Reply through the same channel the letter came by and keep the receipt.
• Citación: If the letter summons you, attend the appointment.

Act on the letter straight away

Letters from the immigration office (extranjería) have short windows. If you ignore one that asks for documents, your application can end. Open it the day you get it, find the deadline, and reply through the same channel it came by.

These letters usually arrive electronically, in your Dirección Electrónica Habilitada or Carpeta Ciudadana mailbox. Check it regularly while your application is open. If you never open a notification, it is treated as rejected after 10 calendar days, and the reply clock can start then.

Which type of letter is it?

Wording varies by office, but there are four common types:

• Requerimiento de subsanación: your file has missing documents or defects. You must fix them within the stated period.
• Notificación de trámite: it tells you about a step in the process, such as admission of your application, a transfer of the file or the opening of a hearing. It usually needs no action, but read it for any deadline.
• Citación: an appointment you must attend, for example to give fingerprints or for an interview.
• Resolución: the final decision. It grants, denies or archives your application, and it lists your appeal routes.

Answering a requerimiento de subsanación

You have 10 working days to answer. Count from the day after the notification. Saturdays, Sundays and holidays do not count. If you are unsure, follow the period written in the letter.

Send exactly what the letter lists, and keep the receipt that proves you sent it.

If the documents are hard to get, ask for an extension of up to 5 days. You must ask before the deadline ends.

If you do not answer

The office treats your application as withdrawn (desistimiento). It issues a resolution saying so and archives the file.

You then have two options:

• Apply again, if you still qualify. A new application may lose your original application date, and that can affect your rights.
• Appeal the resolution. If your reply was late, you can argue on appeal that you sent the documents before the resolution was issued.

Appealing a resolution

Count from the day after notification. You generally have 1 month to appeal to the same or a higher body (recurso de reposición, which is optional), or 2 months to go to court (contencioso-administrativo). You do not have to file the reposición first. If you do, the court period starts after it is decided, or after 1 month with no answer.

The resolution states which routes apply to you. Some decisions can go to a higher body instead (recurso de alzada, 1 month). Follow what your letter says.

If the office never answers

Silence from the office counts as a refusal, and you can go to court. The court deadline is 6 months from when the silence takes effect. For help with deadlines or filing, consider a lawyer (abogado) or your local legal aid service.

The timeline, documents, checklist, warnings and FAQ below cover the steps in more detail.

Timeline and deadlines

• Read the letter and find out which type it is: as soon as it arrives

• Answer the requerimiento de subsanación with the missing documents: within 10 working days, counted from the day after notification

• Ask for an extension of up to 5 days if the documents are hard to obtain: before the 10 working days run out

• If you ignore the requerimiento, the office issues a resolution treating your application as withdrawn and archives the file: after the reply period ends

• Appeal a resolution with a recurso de reposición, which is optional: within 1 month of the day after notification

• Or take the resolution to court (contencioso-administrativo): within 2 months of the day after notification

• If the office never answers, go to court: within 6 months of when the silence takes effect

Documents you need

• The missing or corrected documents listed in the requerimiento de subsanación, which the immigration office sends when your file has gaps or defects

• Proof that you submitted your reply, such as the receipt you get when you send it through the same channel the letter came by

Checklist

• Work out whether the letter is a requerimiento de subsanación (missing documents), a notificación de trámite (a procedural step), a citación (an appointment) or a resolución (the final decision)

• Find the deadline written in the letter and mark the day after notification as day one

• Reply through the same channel the letter came by

• Keep the proof of submission of your reply

• Read which appeal routes a resolución lists and note the 1 month and 2 months deadlines

What to watch out for

• Ignoring a requerimiento ends your application: If you do not answer a requerimiento de subsanación within 10 working days, you are treated as having withdrawn your application (desistimiento). The office then issues a resolution saying so and archives the file. Answer within the deadline, even if you can only send part of the documents, and ask for an extension before it runs out if you need one.

• Starting again can cost you your original date: After an archived file you can refile a new application if you are still eligible, but you may lose the date of the original application. That can affect what you are entitled to. Before refiling, appeal the archiving within 1 month (reposición) or 2 months (court).

• A late reply can still be argued on appeal: If you replied after the deadline but before the resolution, do not assume it is lost. The appeal can argue that your documents were submitted before the resolution was issued. Keep the proof of submission and attach it to your appeal.

Frequently asked questions

Can I get more time to answer a requerimiento de subsanación?

Yes, you can ask for an extension of up to 5 days, but only if you ask before the deadline runs out and the documents are hard to obtain. Send the request in writing through the same channel as your reply.

Do I have to file a recurso de reposición before going to court?

No, the recurso de reposición is optional, and you can go straight to court within 2 months. If you do file it, the court period starts after it is resolved, or after 1 month of silence.

What can I do if the immigration office never answers my application?

If the office stays silent, the silence counts as a refusal and you can appeal. The court deadline is then 6 months from when the silence takes effect, which is after the legal period for resolving has ended.