How long does it take for the immigration office to issue a favourable response on my residency application?
The timeframe for the immigration office to issue a favourable response on your residency application, as well as factors that can influence this duration, will be elucidated. Additionally, a pivotal tip to expedite waiting times will be provided.
To begin, let us address the inquiry regarding the duration of the immigration office’s response to your application. In essence, the Immigration Office has a maximum stipulated period of 3 months within which to deliberate on your application and furnish a response. It is important to note that this timeframe commences from the day following the date on which your file was received by the Registry for processing and to see how long does it take for the immigration office to respond on applications?.
Primarily, Spanish law delineates a regulatory provision mandating a 3-month upper limit for the issuance of a resolution concerning residency applications. Nevertheless, an intriguing question arises when no response is received within this predetermined timeframe for the time it takes for the immigration office to respond on applications.
In the event that 3 months have transpired sans a response, two distinct possibilities may ensue. Firstly, if the application pertains to an initial card and this designated period has elapsed, it shall be deemed negated through the mechanism of negative administrative silence. Essentially, the absence of a response within 3 months is tantamount to an implicit rejection of the application.
However, conversely, in the case of an application for residency renewal, the principle of positive administrative silence dictates that the application would be deemed approved in the absence of a response within the aforementioned 3-month period.
Consequently, what recourse is available subsequent to this 3-month interval if no response has been received? Initially, it is vital to note that even though 3 months have lapsed, your application may still garner approval. Should one adhere to the dictates of the legal regulations, an initial application for residency (such as those pertaining to arraigo, community cards, etc.) would be effectively refused if no notification is received within 90 days. In such instances, should you dissent with the decision, a one-month window is provided to file an appeal for reconsideration, while a two-month timeframe is allocated to file an administrative contentious appeal.
Nonetheless, here lies the silver lining: such recourse may prove unnecessary. In fact, as a general rule, pursuing an appeal may not always constitute the most expedient course of action when confronted with an absence of response. This delay is sometimes attributable to the administrative backlog and protracted delays experienced by the immigration office in rendering resolutions. Instances have arisen wherein, despite the legal requirement of rejecting the file after 5 or 6 months without a response, the immigration office ultimately grants residency approval.
While the general rule stipulates the application of negative administrative silence after a 3-month interval for initial applications, it is imperative to recognize that this may not be applicable due to the delays encountered by the foreigners’ office. In conclusion, the 3-month period ought not to be considered definitive. Instead, one should assess the current timeframe for processing applications of your specific residency category and patiently await the resolution, be it favourable or unfavourable.
Please see-here our video-blog with options and legal-advice to obtain residency in Spain.
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Permanent residency is obtained after 5 years of Spanish Residency through Self-Employed Residency, Digital-Nomad, Non-Lucrative Residency or Golden-Visa. This followed by 5 years as a permanent resident in Spain and means you can then obtain Spanish Citizenship with a Spanish Passport.
