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RESOLUTION TIMES FOR IMMIGRATION APPLICATIONS – 2018

immigration applications

In the vast majority of cases, people who file an application with the immigration office are not informed and have no idea how quickly they will receive a response, whether there is a legal deadline for the administration to respond, and that silence, inaction by the administration has a meaning that differs according to the case.

But yes, for the procedures regulated in Organic Law 4/2000, there is a maximum general period of three months for the administration to realise the notification of decisions on applications made by interested parties, calculated from the day following the date on which the applications were admitted and entered in the register of the competent entity.

Exception

In case of applications for residence permits for family reunification, for seasonal work permits and for residence of minor children of foreigners residing in Spain, the period indicated does not apply to them. Resolutions shall be notified within half of the deadline.

Schengen Visa procedure

For Schengen Visas, the maximum time limit for processing applications is 15 natural days from the date of submission of the application. This period may be extended to a maximum of 30 natural days in special cases where a more detailed examination of the application is necessary. Exceptionally, in specific cases where additional documentation is required, this period may be extended to a maximum of 60 calendar days.

Administrative silence

Administrative silence is the fact of not receiving a response from the Public Administration. The Law provides that in some cases administrative silence is “positive” and in others “negative”. Even though the most common case is that silence is negative, which means that if the legal deadline is passed, the application is considered denied and the citizen can appeal, there are also cases in which silence is positive, which would mean that what the citizen’s request is considered granted.
In case of applictions for a EU Registry Certificate or a Residence Card for Family Members of EU Citizens, for the renewal residence and work permits or for long-term residence, administrative silence is positive.

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