How long recognition takes and what silence means (silencio administrativo)

Terms used

• Silencio administrativo — Silencio administrativo is what happens when the authority does not answer in time; in recognition cases it normally counts as a refusal.
• Homologación — Homologación is official recognition that a foreign university degree is equal to a specific Spanish degree.
• Equivalencia — Equivalencia is official recognition that a foreign degree matches the level of a Spanish academic degree.
• Recurso de alzada — A recurso de alzada is an administrative appeal to the higher authority against a decision or against silence.
• Colegio — A colegio is a professional body, such as for architects or engineers, that can be the deciding authority.

Key rules

• 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.
• Non-EU degrees: Foreign university degrees from outside the EU have a maximum period of 6 months from entry in the register.
• Written decision: Even after silence counts as a refusal, the authority must still give you a written decision.

The short answer

For most recognition applications the authority must decide within 3 months of receiving your complete file, and silence normally counts as a refusal. In practice, files often take much longer. Plan your income around the real wait, not the legal period.

When the clock starts

The clock starts when your application enters the register of the body that decides it. Sending it to the wrong office does not start the clock. For some routes, it starts only when your file is complete, so a later correction or missing document can delay the start. Keep proof of the date your application was registered.

Which office decides

It depends on what you want recognised:

• Academic degrees: the Ministry of Universities.
• Teaching and other non-university regulated professions: the Ministry of Education, Vocational Training and Sport.
• Health professions: the Ministry of Health.
• Other professions: the ministry for that sector, such as Transport, Justice (lawyers) or Industry.
• Some professions: a regional government or a professional body (a colegio, for example for architects or engineers).

Confirm the right office for your profession before you apply.

Legal periods by route

• EU qualifications in regulated professions: the 3-month period, which can be extended by up to a further month in some cases.
• Non-EU foreign university degrees (homologación or equivalencia): a maximum of 6 months from entry in the register of the deciding body.
• Anything with no specific period: the 3-month default.

Check the period stated for your own profession, because it varies by route and authority.

What silence means

Silence is called silencio administrativo. In recognition procedures it normally counts as a refusal. It does not mean you are approved, so do not start working in a regulated profession on the strength of silence.

Silence as a refusal does two things:

• You can appeal. This is a recurso de alzada, or you can go to the courts.
• The authority must still issue a written decision, even late.

The decision block below helps you choose between waiting, appealing and chasing your file.

How long it really takes

Real waits are often far longer than the legal period. Homologación of non-EU degrees and health-profession recognition have been reported to take many months, sometimes more than a year. Medicine and nursing have had the worst backlogs. The ministries have announced measures to speed things up, so ask the deciding office for its current waiting time.

Plan around the wait

• Assume the wait could be 6 to 12 months or more, and budget for that time without income from your profession.
• Think about work you can do without recognition while you wait.
• Apply as early as you can, with a complete file, to avoid a restart of the clock.
• Use the planner below to track your dates.

Choosing between options

What do you do when the decision period ends and you have no answer?

• Keep waiting for the written decision: Fits if you can afford the delay, since the authority must still issue a written answer after the period ends.

• Appeal against the silence: Fits if you cannot wait longer, because for recognition procedures silence normally counts as a refusal and opens the way to an appeal.

• Ask the deciding office for the status of your file: Fits if you are unsure which rule applies to your profession or whether your file is complete.

For most recognition applications silence counts as a refusal once 3 months pass from receiving your complete file, so plan your income around the real wait, which is usually longer.

Timeline and deadlines

• Your application enters the register of the body that decides it, and the clock starts: on the day it is registered

• The authority must decide and notify you on foreign university degrees (non-EU): within 6 months of registration

• Silence counts as a refusal and you can appeal, while the authority must still give a written decision: when the period ends with no answer

Track the deadlines in your recognition file

Write each date in a calendar the day you get the paper or email. Deadlines run from notification, so the date on the notice matters more than the day you open it.

Dates to log

Maximum period

The 3 months run from when your complete file is received, not from a later correction or from a filing sent to the wrong body. Check your profession's route for the exact period, since some are longer.

The clock can stop. It pauses while you fix missing documents, and while another body prepares a required report (up to 3 months). You must be told in writing when it pauses. Log the start and end of each pause and move your expected decision date by the same number of days.

Silence

If the period ends with no answer, silence normally counts as a refusal. Write the end date in your log. The authority must still issue a written decision, so keep checking for it. Your appeal deadlines depend on whether you got a written decision or only silence, so ask the office handling your file which applies to your profession.

Missing documents

A request for missing documents is often called a requerimiento de subsanación. You have 10 working days from the day after you are notified. If a document is hard to get, ask for more time before the deadline ends.

If you do not answer, the authority treats the application as withdrawn and archives the file. You can file a new application. A late reply sent before the authority issues that decision can still be accepted, so do not give up if you miss it by a few days.

Appeals

After a refusal you have one month to file an administrative appeal and two months to go to court, both counted from notification. Log both dates the day the refusal arrives. If you were refused by silence, the deadlines work differently, and the court deadline is six months after the silence took effect. Ask the office or a lawyer before relying on a late date.

Frequently asked questions

Which office decides my recognition application?

The office that decides depends on your profession. Degrees go to the Ministry of Universities, teaching professions to the Ministry of Education, Vocational Training and Sport, and health professions to the Ministry of Health. Some professions are handled by regional governments or professional bodies such as colegios, so ask the one for your profession before you apply.

When does the clock start for the decision period?

The period starts when your application enters the register of the body that has to decide it. Sending it to a different office does not start it, and a later correction does not restart it. For some routes it counts from the date your complete file is received, so file everything at once.

How long does recognition really take in practice?

Real waits are often much longer than the legal period, commonly many months and sometimes more than a year. Backlogs are worst for medicine and nursing, and times vary by profession and office.

Does the authority still have to answer after silence counts as a refusal?

Yes, the authority must still issue a written decision even after the deadline passes with silence. Silence as a refusal lets you appeal without waiting longer, but you can also keep waiting for the written answer.