What to do if you missed the correction deadline

Terms used

• Desistimiento — Desistimiento means the office treats your application as withdrawn because you did not answer in time, once it issues a resolution saying so.
• Reposición — The reposición is an optional appeal filed with the same office that issued the decision.
• Alzada — The alzada is an appeal to the hierarchical superior of the office that issued the decision.
• Contencioso-administrativo — The contencioso-administrativo is a court appeal against an administrative decision.

Key rules

• Late answer: A late answer sent before the office issues its resolution is still taken into account.
• Appeal deadlines: Once a resolution of withdrawal is notified, you have 1 month for an optional reposición appeal or 2 months to go to court directly.
• New application: You can usually apply again, but you lose your original date and priority and may pay the fee again.
• Notification: Appeal deadlines run from the day you receive the notification, so note that date.

Missing the deadline usually does not end things straight away

A missed deadline usually leads to your file being archived, but refiling or a late response may still be possible. Which option you have depends on one thing: has the office already issued a resolution saying your application is withdrawn?

The file is not archived automatically when the deadline passes. The office must first issue that resolution and send it to you. Until it does, your file is still open.

If you have not received a resolution: answer now

Send your correction or missing documents straight away. A late answer sent before the resolution is still taken into account, and in practice offices usually accept it. Send it through the same channel you used for the application and keep proof that you sent it.

Do not wait to see whether the office reacts. Once the resolution is issued, a late answer is no longer accepted.

If you have received a resolution of withdrawal

Your application is now treated as withdrawn (desistimiento) and the file is archived. The application is not processed, and you lose your place and any right that depended on time, such as a priority date.

Look at the notification. It tells you where and how to appeal. Note the day you received it, because the deadlines run from that date. You have these routes:

• Reposición appeal. It is optional. You file it with the same office that issued the resolution, within 1 month.
• Alzada appeal. If the office has a hierarchical superior, you may appeal to that superior within 1 month instead.
• Court. You can go straight to court with a contencioso-administrativo appeal within 2 months.

If you file a reposición appeal and get no answer, the office is treated as having rejected it after 1 month. You then have 6 months to go to court. If it does answer, the court deadline starts from that answer. Some procedures, including some immigration ones, set different routes, so follow the instructions in your notification.

Submit a new application

Withdrawal is not a ruling on the merits of your case, so you can usually apply again. A new application starts from zero:

• You lose the original registration date and any priority.
• You usually pay the fee again, because the earlier payment is rarely carried over.
• If the application depends on a deadline, a call or a quota that has closed, the new one may be too late or may lose your place.

Check whether your specific procedure has a deadline or call that has already closed before you refile.

Avoid this next time

If you cannot meet a 10 working day deadline, ask for an extension before it expires. The decision and timeline below help you choose a route, and the warnings and FAQ cover the common mistakes.

Choosing between options

How do you want to recover after missing the correction deadline?

• Send your late answer now: Fits if you have not yet received the resolution of withdrawal; the office must take your answer into account.

• Submit a new application: Fits if the resolution has arrived and the deadline for your underlying right is still open; you lose your original date and may pay the fee again.

• Appeal to the same office (reposición): Fits if you think the withdrawal was wrong and want a quick review; you have 1 month from notification.

• Appeal to the hierarchical superior (alzada): Fits if the office that issued the resolution has a superior body; you have 1 month from notification.

• Go to court directly: Fits if you want a judge to review it without an earlier appeal; you have 2 months from notification.

Before the resolution arrives, answer late. After it arrives, refile if the underlying deadline is still open and you accept losing your original date; appeal if you think the withdrawal was wrong, within the notification deadlines.

Timeline and deadlines

• Send your correction anyway if you have not yet received a resolution of withdrawal: as soon as you notice the deadline has passed, before any resolution is issued

• Wait for the office to issue and notify the resolution of withdrawal; the file is archived once it does: after the correction deadline ends

• Read the appeal instructions in the notification and note the date you received it: the day the resolution is notified

• File an optional reposición appeal with the office that issued the resolution: within 1 month of notification

• Go to court directly with a contencioso-administrativo appeal: within 2 months of notification

• Go to court after a reposición appeal that was never answered: within 6 months after the 1 month the office had to answer

• Submit a new application instead, paying the fee again if required: any time, as long as the deadline for the underlying right has not passed

What to watch out for

• You lose your place and any time-based right: Once the file is archived, the application is not processed and any right tied to its timing is lost. A new application gets a new registration date. If a deadline or limited call is involved, send your correction before the resolution arrives, or refile quickly.

• Do not assume the file is already closed: The file is archived only after a written resolution reaches you. If you give up too early, you may skip a late answer that would still have been taken into account. Send the missing documents at once and ask the office whether a resolution has been issued.

• Appeal deadlines are short and start on notification: Waiting after the resolution arrives can close every appeal route, since the time runs from the day you are notified. Note the notification date, read its appeal instructions, and decide within the first month whether to appeal or refile.

Frequently asked questions

Can I submit a new application after my file was archived?

Yes, you can usually submit a new application, unless the deadline for the right you are applying for has already passed. A new filing starts from zero, so your original registration date and any priority are lost. You may also have to pay the fee again.

Is my file archived automatically when the deadline ends?

No, the file is archived only after the office issues and notifies a written resolution declaring the withdrawal. Until you receive it, the procedure is still open. The resolution is what ends the procedure.

Where do I send an appeal against the archive resolution?

A reposición appeal goes to the same office that issued the resolution. If that office has a hierarchical superior, you can instead send an alzada appeal to it, also within 1 month. Your notification lists the appeal route that applies to you.

When does the court deadline start if I file a reposición appeal first?

The 2 months for court start only after the office answers your reposición expressly. If it never answers, the appeal counts as rejected after 1 month, and you then have 6 months to go to court.