Fixing rejected filings

It is for anyone planning or carrying out a move to Spain, whether you have not filed yet or already have a notice in your hands.

Start with "What the terms in a Spanish administrative notice mean". It explains the notice types and what each one asks you to do next. If the notice is a correction request, go on to "Responding to a correction request (requerimiento de subsanación)". Before you file, read "The most common reasons Spanish offices reject a filing". If a deadline has already passed, read "What to do if you missed the correction deadline".

Appeals against a refusal, choosing a helper and immigration-specific outcomes are not covered here.

Key rules

• Certificate age: A criminal record certificate should be no more than 3 months old when you file.
• Extension: You can ask in writing, before the deadline ends, for up to 5 extra days on a 10-day period, but do not count on it being granted.
• Correction deadline: You normally have 10 working days, counted from the day after the notice reaches you, to answer a correction request; the period written in your notice is the one that applies.
• Unopened electronic notice: An electronic notice you do not open within 10 calendar days of being made available counts as rejected, and your deadlines run from that date anyway.
• Challenging a withdrawal: Once a resolution of withdrawal is notified, you have 1 month for an optional reposición appeal or 2 months to go to court directly.
• Fee refunds: Fees are not refunded just because a filing is rejected or archived; a refund is only possible for a payment made in error or twice, claimed within 4 years.

Fixing rejected filings: the whole process, step by step

• Open the notice and work out what kind it is (read: What the terms in a Spanish administrative notice mean): as soon as it is made available to you

• Check whether an electronic notice is waiting unopened, and read the attached document for the deadline: an electronic notice you do not open within 10 calendar days counts as rejected, and your deadlines run from that date anyway

• Look for common causes of rejection in your file, such as old certificates (read: The most common reasons Spanish offices reject a filing): before you reply or refile; a criminal record certificate should be no more than 3 months old when you file

• Pay any missing or wrong fee correctly (read: Paying official fees (tasas) correctly): before you send your reply, so the payment proof goes with it

• Answer the correction request with everything asked, and keep the proof of filing (read: Responding to a correction request (requerimiento de subsanación)): within 10 working days, counted from the day after the notice reaches you

• If you need more time, ask in writing for an extension: before the deadline ends; you can ask for up to 5 extra days, but do not count on it being granted

• If you missed the deadline, send your answer anyway (read: What to do if you missed the correction deadline): as soon as possible; it is still taken into account until the office issues a resolution of desistimiento (treating your application as withdrawn)

• If the withdrawal resolution has been notified, challenge it or file again: you have 1 month for an optional reposición appeal or 2 months to go to court directly, counted from notification

• If a document the office issued contains an error, ask the issuing office to correct it (read: Correcting an error on a Spanish document): at any time; there is no fixed limit for asking

Documents you may need

Identity and residence

• Proof of your identity — Responding to a correction request (requerimiento de subsanación)

Income and work

• Proof of income or means — The most common reasons Spanish offices reject a filing

Translations and legal papers

• Sworn translation — The most common reasons Spanish offices reject a filing

Other documents

• The attached PDF of the notice — What the terms in a Spanish administrative notice mean
• The missing documents or corrections that a correction request names — What the terms in a Spanish administrative notice mean
• A signed response — Responding to a correction request (requerimiento de subsanación)
• Criminal record certificate from every country where you have lived in the past — The most common reasons Spanish offices reject a filing

Each article lists the other documents it asks for, where you need them.

Fixing rejected filings: questions that cross several articles

How do I tell a correction request from a refusal?

A correction request asks you to fix or add something and warns that you will be treated as having withdrawn if you do not; a refusal is headed as a resolution and ends with appeal instructions. A correction request must be answered, while a refusal must be appealed.

Does my deadline start when I open an electronic notice?

Not always: if you do not open it within 10 calendar days, it counts as rejected and your deadlines run from that date anyway. See What the terms in a Spanish administrative notice mean.

Is my application cancelled as soon as the deadline passes?

No, the office must first issue a resolution of desistimiento, and a late answer sent before that resolution is still taken into account. Send your reply at once.

What can I do if the withdrawal resolution has already arrived?

You can challenge it with an optional reposición appeal within 1 month, or go to court within 2 months, or file again. Refiling usually means a new fee and losing your original filing date. Read What to do if you missed the correction deadline, and Paying official fees (tasas) correctly for the fee side.