Answering a recognition office's request for more documents (requerimiento)

Terms used

• Requerimiento — A requerimiento is an official request from an office asking you to correct a problem or supply missing documents in your file.
• Dirección Electrónica Habilitada única (DEHú) — The DEHú is the single electronic mailbox where official notices from Spanish administrations are made available to you.
• Desistimiento — Desistimiento means the administration treats your application as withdrawn because you did not answer in time.
• Cl@ve — Cl@ve is a government electronic identification system used to sign in to public online services.
• Carpeta Ciudadana — The Carpeta Ciudadana is a personal area on the central administration portal showing your files in progress with State bodies.

Key rules

• Deadline: Your clock starts the day after notification, and weekends and public holidays do not count.
• Extension: Ask before the period ends; once it has passed, an extension request comes too late.
• Unopened notice: A notice you never open still counts as rejected after 10 calendar days, and your file continues without you.
• Late reply: Send your documents even if late, because the office can accept them until it issues the closure resolution.

Answer within 10 working days

A requerimiento is an official request to fix a problem or add missing documents. You have 10 working days from the day after you are notified. Weekends and public holidays do not count. If you miss the period, your file can be closed.

Do not wait for the last day. Start gathering documents as soon as the notice arrives.

How the notice reaches you

Notices usually arrive electronically. You get an alert by email or SMS, but the notice itself sits in the Dirección Electrónica Habilitada única (DEHú) or in the electronic office of the body handling your file. Some people must receive notices electronically, such as companies and professionals who have to be registered with a professional body. Others can choose it.

Opening the notice starts your clock. If you do not open it, the notice counts as rejected once 10 calendar days have passed since it was made available, and the file moves on without you. So act when the alert arrives.

What to send

1. Open the notice and read exactly what is missing or wrong.
2. Send the documents or corrections through the same electronic office, before the period ends.
3. Keep the receipt you get when you submit.

If you are unsure what is missing, ask for access to your file. This lets you see everything the office holds. The checklist below shows how to find your file.

If you need more time

You can ask for an extension of up to half as long again. Send the request before the period ends, and explain why the documents are hard to gather, for example because they come from another country. The office decides each request, and you cannot appeal its decision. Keep working on the documents while you wait for a reply.

If you miss the deadline

The office treats you as having withdrawn your application (desistimiento). It issues a resolution saying so and archives the file. Two things can still help:

• A late reply: if the office has not yet issued that resolution, it can still accept your documents. Send them straight away.
• After closure: you can appeal the closure, or file a new application. The withdrawal does not stop you applying again, but check any deadlines that apply to your type of application.

Keep checking your file

You can follow your file in the electronic office of the body handling it, usually with a digital certificate, Cl@ve or your file reference. Files with State bodies also appear in the Carpeta Ciudadana. Regional bodies have their own electronic offices. If you cannot see your file, contact the body's information service.

Timeline and deadlines

• Open the notice as soon as the alert arrives by email or SMS: within 10 calendar days of the notice being made available

• Ask for more time if the documents are hard to gather: before the 10 working days end; the extension is up to half as long again

• Send a late response if you have missed the period: any time before the office issues its resolution closing the file

• Appeal the closure or file a new application: after the office declares you have withdrawn and archives the file

Checklist

• Sign in to the electronic office (sede electrónica) of the body handling your file, with a digital certificate or Cl@ve.

• Look up your file with the file reference from your application.

• Open the Carpeta Ciudadana on the central administration portal if your file is with a State body.

• Find the regional body's own electronic office if a regional body handles your file.

• Call or write to the body's information service if you cannot see your file online.

• Ask for access to your file to see exactly what is missing.

What to watch out for

• Missing the period closes your file: If you do not answer in time, the office treats you as having withdrawn your request and archives the file. Answer within the period, and if you are late, send your response anyway before the office issues its resolution. If the file is already closed, you can appeal or file a new application.

• An unopened electronic notice still counts: If you must be notified electronically, such as professionals who must belong to a professional body (colegiación obligatoria) and companies, the notice counts as rejected after 10 calendar days without opening it, and the procedure goes on without you. Others can choose electronic notices and then face the same rule. Check your notification mailbox (the DEHú) and the electronic office often, and act on every email or SMS alert.

What if you miss a deadline in your recognition file?

Missing a deadline closes some doors, but not all of them. A new application is almost always still possible.

You miss the deadline to send missing documents

If you don't answer the request for missing documents (the requerimiento de subsanación) within the period in the letter, the office treats your application as withdrawn. This is called desistimiento. The office then issues a decision saying so, and your file is archived.

• Answer before that decision is issued. A late reply can still be accepted. Send it right away, even if the deadline has passed.
• Appeal the archiving decision if the notice never properly reached you, or if you did answer on time. The decision will say which appeal applies and how long you have.
• File a new application if neither of those fits. Withdrawal does not stop you from applying again, as long as you still meet the requirements.

Archived files are generally not reopened. A new application may lose your original filing date, and you may have to pay the fees again. Ask the office how it handles this in your case.

You miss the deadline to appeal a refusal

Once the appeal period ends, the refusal becomes final. You can no longer challenge it with an ordinary appeal or in the ordinary courts. A late appeal is likely to be rejected as inadmissible.

You still have these options:

• A new application. This is the usual way forward. Fix the problem that caused the refusal and add any new or corrected documents.
• A request to cancel a void decision (revisión de oficio). This only works if the decision is legally void, which is rare.
• An extraordinary review (recurso extraordinario de revisión). This is only open on narrow grounds:
  • an obvious factual error visible in the file (you have four years from notification);
  • newly found documents that would change the outcome (three months from discovery);
  • false documents or evidence, or fraud or violence (three months from discovery).

Extraordinary review is rarely granted. Treat it as a last resort.

What to do now

1. Check the date on your notification and count the days at once.
2. If the deadline is still open, send the documents or the appeal immediately and keep proof of filing.
3. If it has passed, check the dates on any decision you received. Then prepare a new application.
4. For a refusal you think was wrong, consider a lawyer's advice before the four-year and three-month limits run out.

Frequently asked questions

What if the 10 days pass and I never opened the electronic notice?

The notice still counts as delivered if you never open it: after 10 calendar days without access it is treated as rejected, and the procedure continues. Your response time counts from the day you open it or the day it is treated as rejected, whichever comes first.

Can I still send my documents after the deadline has passed?

Yes, a late response can still be accepted if you send it before the office issues its resolution closing the file. Send it as soon as you can and do not wait for the office to contact you.

Can I apply again if my file was closed for missing the deadline?

Yes, you can file a new application, because a closed file does not bar a later one. You can also appeal the closure, so check the time limits in the appeals article.

Can I appeal if the office refuses my request for more time?

No, a decision on an extension request cannot be appealed. Ask before your period ends and prepare the documents anyway, in case the answer is no.

Where can I see whether my file is still open?

You can see it in the electronic office (sede electrónica) of the body handling your file, with a digital certificate, Cl@ve or your file reference. For files with State bodies, the Carpeta Ciudadana on the central administration portal also lists files in progress.