- Silencio positivo (positive administrative silence) equates the missed period to approval: it acts as a decision completing the procedure [1].
- In migration law, the general rule is reversed: on primary application, silence can be considered as a refusal, on extension and larga duración, and on DNV it means consent. [2][3].
- For DNV, the exception is stated in the law itself: 20 days e-mail application, then considered approved [4].
- The approval by silence is confirmed by a certificate (certificado de silencia): it is issued on request at any time and, in the absence of a request, the agency is required to issue it itself within 15 days of the end of the deadline. [1].
- Requerimiento (request by the agency for correction or addition of documents) and request for mandatory reports may suspend the deadline, so the date of silence is considered for all notifications rather than the date of submission [1].
What is silencia administrativo positivo?
Silencio administrativo positivo positivo is the rule under which an application is considered approved if the agency has not made or delivered a decision within the maximum time limit. [1].
Such approval is equivalent to a decision: it is considered to be an act completing the procedure and is effective from the date of expiry of the deadline and may be invoked before any authority and before private individuals [1]The agency may issue only a decision later, which the silence confirms, and it cannot refuse to do so in retrospect. [1].
When does silence mean consent in migration procedures and when refusal?
The general rule in migration law is reversed. The total time limit for applications from Ley Orgánica 4/2000 is three months, and after that, the application "may be considered rejected." Exceptions: extension of the residence permit, extension of the work permit and application for larga dueción, where silence means that the extension or authorization is granted. [2]Rules 1155/2024 repeat this logic and specify their time limits for individual procedures [3].
| Procedure | Duration | Silence means |
|---|---|---|
| DNV, application to UGE (Ley 14/2013, art. 76) [4] | 20 days from electronic application | consent |
| Extension no lucrativa (art. 64) [3] | 3 months | consent |
| Extension of residence and employment (art. 80) [3] | 3 months | consent |
| Larga Duración and larga Duración-UE (arts. 177 and 184) [3] | 3 months | consent |
| No. lucrativa, primary decision after consulate (art. 63) [3] | 1 month | refusal |
| Employment and civil service, primary decision (arts. 77 and 85) [3] | 3 months | refusal |
| Studies from Spain (art. 54) and family reunification (art. 68) [3] | 2 months | refusal |
| Application of NIE (art. 205) [3] | 5 days | refusal |
The one month deadline for visas and the general silence clause also leads to rejection [3]For procedures that are not in the table, e.g. arraigo, we found no special rule of silence: generally, it is three months and a possible refusal. [2][3]DNV time frames in more detail: How many UGEs are considering an application, reference points for other procedures: UGE and extrajería time calendar.
What day is the deadline and what's stopping it?
The deadline is from the date on which the application was filed with the register of the authority that considers it. [3][1]The date of loading into the portal and the date of the competent authority ’s register may differ: consider the receipt notification.
The time limit is suspended between the notification of requerimiento (the time limit is fixed).I'm sure it's a question of how to answer.) and your response, and if you request a mandatory report from another body up to three months [1]II. Days in default working hours: Saturdays, Sundays and holidays are not counted and the month period ends at the same date of the month [1]The Office is obliged to inform you of the maximum period and consequences of silence within ten days after receipt of the application: look for this letter [1].
How can we confirm that silence has begun?
The silence certificate (certificado acreditativo del Silencio) is issued by the authority that was to decide the case: itself, within 15 days of the end of the deadline, or at your request at any time. [1]The procedure is as follows:
- Find the date on which the application was filed and set a deadline for your procedure.
- Check the sede mailbox and all the notifications: requerimiento or the report request could have stopped the account.
- If the deadline is up, request a check through a sede or register.
- Do not reapply or change the basis until you have discussed it with a lawyer: duplication can affect the current case.
- If the silence is negative, the complaint is possible at any time from the day following the silence [1]In decisions that complete the administrative route, the regulations leave recurso de reposión (month for an explicit decision) and recourse to the court [3]. Under DNV, the law calls recurso de alzada [4].
As the certificate is accepted on the TIE, bank and Seguridad Social, we did not check: no official explanation was found. The closure of the case due to the unrequerimiento is another situation: desistimiento and caducidadIII. Appeal against refusal and silence dealt with in article 14 Reposión and alzada.
What's silencia positivo not a substitute?
The silence does not change the conditions of the authorization: the funds, insurance, alta in the Seguridad Social and other duties remain and the agency can check them later. The application of silence to your case depends on procedure and facts; it is checked by a lawyer or a whistleblower on documents. extension sheetA general overview of the grounds is on the page Residence permit in Barcelona.
Frequent issues
What do you mean, silencio positivo in simple words?
How long does the silencio positivo run on DNV?
Does the Silencio positivo work when the residence permit is extended?
What happens if the initial application is not answered?
How do you get a cylencio positivo certificate?
Can I apply for a new one while I wait for an answer?
Based on source
- BOE · Ley 39/2015 del Procedimiento Administrativo Común, articles 21, 22, 24, 30, 122 and 124 ♪
- BOE · Ley Orgánica 4/2000, disposición adicional primera (plazo máximo para resolver) ↗
- BOE · Real Decreto 1155/2024, articles 54, 55, 63, 64, 68, 71, 77, 80, 85, 177, 184, 205 and appendix 7 - 9 .
- BOE · Ley 14/2013, artículos 74 bis - 74 quinquies, 75 y 76 (teletrabajo de carácter internacional) ↗
Sources are viewed on 02.10.2026. Consolidated texts and departmental reference pages are informative: legal application takes into account official publications, changes and specific circumstances. Material has not been personally checked by counsel.
Turn the information into questions.
The navigator will help to gather topics for individual review; it does not define the right to residence or submit an application.
Collect a memoThe NEXO working conditions: 30 minutes free of charge, full consultation 121 I in 45 minutes; maintenance costs are charged separately, fees and transfers. about the team..
You want to go on your own? Barcelona residence permit: from Empadronamiento to TIE and Formulas based on grounds.
Related materials
The source is viewed on 02.10.2026 · NEXO · Drafting Draft · Sources do not replace individual legal advice.