Silencio positivo in Spain: how it works for residence permits

What is silencio administrativo positivo?

Silencio administrativo positivo is the rule under which an application is deemed approved if the authority has not issued and served a decision within the maximum time limit. The general rule is set out in Article 24 Ley 39/2015: for applications filed by the person themselves, silence means approval unless a law or EU law says otherwise [1].

Such approval is treated as a decision: it counts as an act that ends the procedure, takes effect from the date the deadline expires, and can be relied on before any authority and before private parties [1]. Later the authority may only issue a decision that confirms this silence; it can no longer refuse retroactively [1].

When does silence mean approval in immigration procedures, and when does it mean refusal?

It depends on the procedure, because in immigration law the general rule is reversed. The general time limit for applications under Ley Orgánica 4/2000 is three months, and once it expires the application “may be deemed rejected”. The exceptions are renewal of a residence permit, renewal of a work permit and applications for larga duración, where silence means that the renewal or permit has been granted [2]. Regulation 1155/2024 follows the same logic and sets its own time limits for certain procedures [3].

For visas the time limit for a decision is one month, and the regulation’s general clause on silence also leads to refusal [3]. For procedures not in the table, such as arraigo, we found no specific rule on silence: the general rule is three months and possible refusal [2][3]. More on DNV time limits: how long the UGE takes to process an application; guidance for other procedures: calendar of UGE and extranjería time limits.

From which day does the time limit run and what stops it?

The time limit runs from the date the application entered the register of the body that decides it. This is what the regulation and Ley 39/2015 say for general procedures [3][1]. The date you uploaded it to the portal and the date of the competent body’s register may differ: count from the acknowledgement of receipt.

The time limit is suspended between notification of a requerimiento (what it is and how to reply) and your reply, and, when a mandatory report is requested from another body, for up to three months [1]. Days in time limits are working days by default: Saturdays, Sundays and public holidays do not count, and a time limit in months ends on the same date of the month [1]. The authority must tell you the maximum time limit and the effects of silence within ten days of receiving the application: look out for this letter [1].

How do you prove that silence has taken effect?

With a certificate of silence (certificado acreditativo del silencio). It is issued by the body that should have decided the case: of its own accord within 15 days after the deadline ends, or at your request at any time [1]. The steps are:

1. Find the date the application was received and add the time limit for your procedure.
2. Check your sede mailbox and every notification: a requerimiento or a request for a report may have suspended the count.
3. If the time limit has passed, request the certificate through the sede or the register.
4. Do not file a new application or change the legal basis until you have discussed it with a lawyer: a duplicate may affect your current case.
5. If silence is negative, you can appeal at any time from the day after silence takes effect [1]. For decisions that end the administrative route, the regulation provides a recurso de reposición (one month for an express decision) and court proceedings [3]. For the DNV the law provides a recurso de alzada [4].

We have not checked how the certificate is accepted when booking a TIE appointment, at a bank or at the Seguridad Social: we found no official guidance. A case closed because a requerimiento went unanswered is a different situation: desistimiento and caducidad. Appealing a refusal or silence is covered in the article reposición and alzada.

What does silencio positivo not replace?

Approval by silence does not remove the conditions of the permit: funds, insurance, alta in the Seguridad Social and other obligations still apply, and the authority may check them later. Whether silence applies to your case depends on the procedure and the facts; a lawyer or gestor checks this against your documents. For renewals, the steps are described in the renewal route card, and a general overview of the grounds is on the page Residence permit in Barcelona.

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ReloVictory · Sources reviewed 02.10.2026 · Not a substitute for individual legal advice.