Since the introduction of Law 14/2013 for Entrepreneurs, which regulates the application for a residency permit for Highly Qualified Professionals, Intracompany Transfers, Entrepreneurs, Investigators and Investors, many applications have been presented and resolved. With regard to this, we deem it necessary to clarify a specific feature of this procedure; the processing time, which the Entrepreneurs Law indeed regulates, but not fully, since it is necessary to consider the Spanish Common Administrative Procedure Law rules to obtain a complete answer.
Regulation of processing time in the Spanish Entrepreneurs Law
Article 76.1 of the said law establishes that “The maximum resolution period will be 20 days from the electronic filing of the application at the competent body for its resolving. If no resolution is issued within this period, the authorisation will be deemed approved by administrative silence.”
Days computation for Spanish Administration
In Spain, when a given regulation does not specify which days will be considered for the computation (whether working or natural), the computation is performed with working days only (i.e not counting weekends nor holidays), since the Common Administrative Procedure Law establishes so. Hence, in the case of the Entrepreneurs Law, 20 working days are necessary for the application to be considered approved by administrative silence, which usually means slightly more than a month.
Actions to be taken in case 20 working days have passed without feedback
After 20 working days have elapsed, the application is considered approved by administrative silence, and a request must be sent to the competent authority (Large Enterprises and Strategic Collectives Unit), so it issues a formal resolution approving the application.
How can Lexidy help me?
At Lexidy we can assist you through all the steps of the application for the different permits regulated in the Law 14/2013 for Entrepreneurs. Get a free consultation and see what we can do for you.