Administrative Silence in Spain

This is undoubtedly a very frequent doubt.

It’s been 3 months since the beginning of your application, you haven’t received any answer (final resolution), and the positive silence status applies. What should you do to get your residency card?

In these cases you must make a written request to get the silence resolution, document that will have the main goal of putting pressure on the administration so they can finally issue the official resolution.

Our recommendation is that if you do not receive an immediate response after this writing, you should wait a little longer. Although it is true that you can continue to keep pushing from a legal standpoint, all immigration offices in Spain usually experience significant delays. So although it takes longer than expected, they will always issue a response.

So this pressure would be enough.

However, you could legally continue the process to demand an answer. In what way?

If the competent institution does not issue an express resolution accrediting the silence within 15 days of this writing, you can submit a second written document, this time requesting the execution of a firm act.

If after 1 month you do not receive a response either, in that case you can resort to the interposition of an administrative contentious appeal (which can take up to 1 year to resolve), resorting to the court so that it urges the immigration office to issue a final resolution.

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