When your file is stuck: chasing and complaining

Terms used

• Certificado de acto presunto — The certificado de acto presunto is a document from the body handling your file confirming that silence has occurred and what it means.
• Recurso de alzada — The recurso de alzada is an administrative appeal to a higher authority against a decision, or a presumed refusal by silence.
• Defensor del Pueblo — The Defensor del Pueblo is Spain's national ombudsman, who investigates complaints about public administration.
• Inspección General de Servicios — The Inspección General de Servicios is the internal unit of a ministry or regional government that monitors service quality.

Key rules

• Silence: For recognition procedures, silence normally means a presumed refusal, and the body must still decide in writing.
• Certificate: The body must issue your certificate of presumed act within 15 days of your request.
• Complaints: A complaint does not stop appeal deadlines, so appeal in parallel.
• Court deadline: Court action must be filed within six months of the date silence takes effect.

Start by checking where your file is

Once the decision period has passed, you have concrete remedies. Use them in this order, and don't wait for one to finish before starting the next. The period itself is explained on another page; the timeline below shows the sequence.

Check the file in the electronic office (sede electrónica) of the body handling it. You usually log in with a digital certificate, Cl@ve or your file reference. Files with State bodies also appear in the Carpeta Ciudadana on the central administration portal. Regional bodies have their own electronic offices.

If the online status tells you nothing, contact the body's information service. You can also ask for access to your file to see what is holding it up.

Know what the silence means

For recognition of professional qualifications and foreign degrees, silence normally counts as a refusal. That refusal is only "presumed". The body must still give you a written decision.

The rule can differ by profession, and regional or professional bodies sometimes follow their own procedures. Find the rule for your procedure, or ask the body which one applies to you.

Ask for a certificate of presumed act

After the period ends, ask the body for a certificado de acto presunto. Ask in writing or through its electronic office. The body must issue it within 15 days of your request reaching it.

The certificate confirms that silence has happened, so you can use it to appeal. Keep it with your application receipt.

Complain, but don't rely on it

You can send a complaint or suggestion (queja o sugerencia) to the body or to its Inspección General de Servicios, which monitors service quality. You can also go to the Defensor del Pueblo, the national ombudsman. It is free and you can file online or by post. A regional ombudsman, such as the Síndic de Greuges, is another option.

Describe the file, the dates and the delay, and attach your application receipt. The Defensor del Pueblo can ask the administration for a report and make recommendations. It cannot overturn a decision.

A complaint does not pause any appeal deadline and does not replace an appeal. File the appeal without waiting for a reply.

Appeal or go to court

Against a presumed refusal you can file an administrative appeal (recurso de alzada). You can do this at any time after the period has passed.

You can also take court action in the contentious-administrative courts. Court action must be filed within six months of the date silence takes effect. You can also bring court action for administrative inactivity. Because of this deadline, consider legal advice early if you plan to go to court.

If you are unsure which route fits, use the decision block below.

Choosing between options

How should you act once the period has passed without a decision?

• Treat the silence as a refusal: Your procedure counts silence as a refusal, as is normal for recognition of qualifications: request the certificate of presumed act, then file an administrative appeal.

• Treat the silence as approval: The rule for your procedure says silence means approval: request the certificate of presumed act to prove it to others.

Silence means approval unless a rule with the force of law says otherwise. Recognition rules mostly say otherwise, so find the rule for your procedure. Either way, the administration must still give an express decision.

Timeline and deadlines

• Check the status of your file through the electronic office of the body handling it: at any time while you wait

• Expect a decision; silence normally counts as a refusal once the period ends: 3 months after the authority receives your complete file

• Ask the body in writing or through its electronic office for a certificate of presumed act: once the period has expired

• File a complaint with the body, its service inspectorate or the ombudsman; this does not pause any appeal deadline: at any time while the file is stuck

• File an administrative appeal against the presumed refusal, or take court action for inactivity; the appeal deadlines are set out in the article on refusals: after the 3 months have passed

Documents you need

• Certificate of presumed act (certificado de acto presunto): issued by the body handling your file, on written request or through its electronic office. It must be issued within 15 days of your request reaching the body. It proves a positive silence, or confirms a negative silence so you can appeal.

• Your application receipt: attach it to any complaint, together with the file dates and a short description of the delay.

Checklist

• Find the rule for your procedure that says whether silence means approval or refusal.

• Request a certificate of presumed act once the period has passed, in writing or through the electronic office.

• Send a complaint to the body, its service inspectorate or the Defensor del Pueblo (the national ombudsman), with your receipt and the dates.

• File an administrative appeal against a presumed refusal without waiting for a reply to your complaint.

Quick answers about life after filing

Can I live or work in Spain while my recognition file is pending?

No, a pending recognition file gives you no right to live or work in Spain if you are from outside the EU. You need a separate residence and work permit, such as a work-and-residence permit, a highly qualified professional route, an EU Blue Card or a student permit. Practising a regulated profession usually also needs the recognition to be completed and, where required, registration with the professional association (colegio).

What happens if I fail the aptitude test?

If you fail the aptitude test, your recognition is not granted. You can usually sit the test again in a later call, and the number of attempts depends on your profession and the call. You can also appeal a failing grade through the usual administrative routes.

Can I reapply after a refusal instead of appealing?

Yes, a refusal does not stop you from filing a new application with more documents or a corrected file. A new application does not pause your appeal deadlines, so the one-month and two-month deadlines against the original refusal keep running. If you want both options, appeal and reapply at the same time.