Administrative Silence for Immigration Procedures

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Administrative Silence for Immigration Procedures

If you submitted your application more than three months ago and still haven’t received any response, it’s because your application has entered the process known as administrative silence. In this article, we will explain in detail what administrative silence for immigration procedures entails.


What is Administrative Silence?

When you begin the process of requesting a procedure related to administration, there is a maximum response time. Once this maximum response time is exceeded, it enters what is known as administrative silence.

Administrative silence is essentially a procedure that applicants have the right to request when no response is received within the deadlines established by the administration. Once you are in the administrative silence process, you can file an administrative appeal.

Types of Administrative Silence

There are two types of administrative silence: positive and negative.

Positive Administrative Silence

Positive administrative silence occurs when three months have passed without receiving any response from the administration. However, it’s important not to confuse this with the automatic renewal of the request just because no response was received within these three months.

What to Do When Three Months Have Passed Without a Response?

The first step is to submit a written request for a resolution due to administrative silence. This serves as notification to the administration to issue the official resolution. If one month has passed since you submitted the written request and you still haven’t received a response, you can file an administrative appeal.

Which Procedures Can Experience Positive Administrative Silence?

Here are the procedures that, if three months have passed without a response, will be considered approved:

  • Extension of residence authorization
  • Application for a residence card for family members of EU citizens
  • Residence for internships
  • Long-term residence permit
  • Renewal of any residence authorization


Negative Administrative Silence

Negative administrative silence is the type of silence most commonly used. With this type of silence, if you haven’t received a response within three months, your request will be considered denied. However, you would have one last opportunity as you can file an administrative appeal to try to obtain a favorable resolution. This type of silence is very common when applying for an initial residence permit.

Can I Experience Negative Administrative Silence in a Nationality Application?

In this case, the response time from the Administration is longer than in the previous cases, as they have 1 year to respond. If you do not receive a response within this timeframe, it will be understood that your application has been denied. However, you can initiate a judicial procedure in which the National Court will examine your case and verify that you meet the necessary requirements to obtain Spanish nationality. If you meet the requirements, you will be granted Spanish nationality.


Frequently Asked Questions

What is the importance of administrative silence in immigration processes?

Administrative silence is highly relevant in immigration matters as it can have direct implications on the applicant’s situation. If the administration fails to issue a response within the established timeframe, depending on the type of application, the applicant may benefit from tacit approval of their request.

How does administrative silence positively affect applicants in the field of immigration?

Administrative silence positively benefits immigration applicants by granting them tacit approval of their request. This means that, by not receiving a response within the established timeframe, the application is considered approved, allowing the foreigner to obtain the requested benefit or permit.

Are there situations where administrative silence can be detrimental?

Yes, in some cases, administrative silence can have detrimental effects. For example, in specific applications, the lack of response may be interpreted as tacit denial, which can negatively affect the applicant’s situation.

What are the typical timeframes associated with administrative silence in immigration?

Timeframes can vary depending on the type of application, but generally, the administration has a legal deadline to respond. If a resolution is not issued within that timeframe, administrative silence may come into play, benefiting or harming the applicant depending on the specific context.

What types of immigration applications may be subject to administrative silence?

Administrative silence can apply to various immigration applications, such as visas, residence permits, work authorizations, among others. Each type of application has its own deadlines and conditions associated with administrative silence.

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