Delays, refusals and waiting

It is for anyone considering, planning or carrying out a move to Spain. It also covers what you may legally do while you wait, and what to do when a file stalls.

Start with "How long recognition takes and what silence means (silencio administrativo)". It sets realistic expectations for the clock and explains what it means when the office says nothing. The other pages follow from there:

• Answering a request for more documents
• Recognition with conditions
• Refusals and appeals
• Chasing a stuck file
• Working while you wait

Filing the application and joining a professional association (colegio) are not covered here.

Key rules

• Document request: You have 10 working days from the day after you are notified to answer a request for missing documents, and you can ask before it ends for up to half as long again.
• Decision period: For most recognition applications the authority must decide within 3 months of receiving your complete file, and silence normally counts as a refusal.
• Appeal deadlines: After a refusal you have one month to file an administrative appeal and two months to go to court, both counted from notification.
• Silence: If the authority says nothing, that is not an approval, so do not practise a regulated profession.
• Real wait: Real waits are often much longer than the legal period, sometimes over a year for health professions and non-EU degrees.
• Scope: The measure may cover only the subjects your qualification is missing, not your whole training.

Delays, refusals and waiting: the whole process, step by step

• Submit a complete file and keep the receipt (How long recognition takes and what silence means): At the start: the clock runs from the date your application enters the register of the office handling it

• Answer any request for missing documents (Answering a recognition office's request for more documents): Within 10 working days from the day after you are notified; ask for more time before that period ends

• Check your electronic notices regularly: Throughout: a notice counts as rejected if you do not open it within 10 calendar days, and the file moves on

• Wait for the decision and check the file status (When your file is stuck: chasing and complaining): The authority must decide within 3 months of receiving your complete file; in practice it often takes much longer

• Ask for a certificate of presumed act if the period passes with no answer: After the period expires; the office must issue it within 15 days of your request

• Chase the office or complain if the file stays stuck (When your file is stuck: chasing and complaining): After the period expires; a complaint does not stop appeal deadlines

• Complete any test, practice period or course set as a condition (Recognition with conditions: tests, practice periods and courses): After the decision; tests are usually called once or twice a year, and the decision or the call sets any time limit for applying

• File an appeal if recognition is refused (If recognition is refused: appeals and other options): Within one month for an administrative appeal and two months to go to court, both counted from notification

• Reapply with a fuller file or try another route (If recognition is refused: appeals and other options): After a refusal, in parallel with any appeal, because a new application does not pause appeal deadlines

Documents you may need

• Your application receipt — When your file is stuck: chasing and complaining

• Certificate of presumed act — When your file is stuck: chasing and complaining

Delays, refusals and waiting: questions that cross several articles

What happens if the office does not answer within the legal period?

In most recognition cases, silence counts as a refusal once the 3 months pass, but the office must still give you a written decision. You can ask for a certificate of presumed act, which the office must issue within 15 days. Read "How long recognition takes and what silence means (silencio administrativo)" and then "If recognition is refused: appeals and other options".

Does a long wait mean my file has a problem?

No, a long wait is common, because many files take far longer than the legal period, especially in health professions and non-EU degrees. Check the file status online and watch your electronic notices for requests. Read "When your file is stuck: chasing and complaining".

When does the legal clock start for my application?

The clock normally starts when your application enters the register of the office that handles it, or when the complete file arrives for some routes. Sending it to the wrong body or correcting it later does not restart the count. See "How long recognition takes and what silence means (silencio administrativo)" and "Answering a recognition office's request for more documents (requerimiento)".

How can I check where my file stands?

You can check through the electronic office of the body handling your file, usually with a digital certificate, Cl@ve or your file reference. See Answering a recognition office's request for more documents (requerimiento).