Currently, there is a significant backlog in our country regarding the processing of applications for Spanish citizenship, a situation that causes applicants to feel a great sense of helplessness and anxiety, as well as requiring them to continuously renew their residence permits—with all that this entails—until they obtain citizenship.
Legally, the maximum time limit for a decision is one year, as provided for in Article 11.3 of Royal Decree 1004/2015, dated November 6, which approves the regulations governing the procedure for acquiring Spanish nationality through residence:
“The proceeding must be resolved and the decision notified within a maximum period of one year from the date the application was received by the General Directorate of Registries and Notaries. If the aforementioned period elapses without an express decision having been issued, the applications filed by the interested parties shall be deemed to have been denied.”
The officials responsible for resolving these cases are specific employees of the Ministry of Justice, who are overwhelmed by the lack and shortage of staff assigned to this task, making it impossible in many cases to meet the deadlines established by regulation.
This lack of response through administrative channels can be interpreted as an implied administrative denial, although the reality is quite different in many cases, since it is not always a substantive denial of the application, but rather the inability to resolve it within the established timeframes due to a lack of resources, leaving the cases stalled for long periods.
As a result of this situation, there is an alternative avenue for attempting to expedite and ensure the viability of cases that have come to a standstill: filing a petition with the National Court . This appeal may get the case moving again and open the possibility of obtaining a decision, although it should not be understood as an automatic guarantee that citizenship will be granted.
However, before filing an administrative appeal, we must ensure that the application was submitted correctly, that it meets all legal requirements, and that all required and supplementary documentation was provided. Otherwise, the appeal may not produce the expected result.
An administrative appeal is initiated by filing the appropriate petition with the competent court. In some cases, this action alone may prompt a response to the case file that leads to the issuance of a decision by the Ministry of Justice, without the need to pursue the entire judicial process when the case is resolved by the competent agency.
The involvement of professionals specializing in immigration, Spanish citizenship, and administrative law is mandatory and necessary for filing the appeal, as this is a judicial proceeding within our legal system. IN DIEM Abogados has qualified professionals who can analyze these types of cases and determine the most appropriate strategy for each one.
What to Check Before Filing an Appeal
Before taking legal action, it is advisable to review the entire file to determine whether the delay is due solely to the lack of an administrative decision or whether there is any documentary defect, pending requirement, or issue that could adversely affect the application.
- Date of submission: It must be verified when the application was received by the competent authority.
- Case status: It is advisable to check whether the case is pending reports, under review, subject to a request, or in another administrative status.
- Legal and continuous residence: It must be verified that the required period of residence, as applicable, has been met.
- Criminal and police records: It is important to check whether there are any incidents on record in Spain or in the country of origin.
- Documents submitted: It must be verified that the documents were valid, legalized or apostilled, and, where applicable, translated.
- Integration in Spain: The relevant certificates, exams, or exemptions must be reviewed.
- Notifications: You need to check whether there are any unanswered requests or pending communications.
This review is particularly important when the applicant has changed addresses, renewed their residence permit during the proceedings, encountered administrative issues, or filed the application without professional assistance.
Documents Required Before Taking Legal Action
The documents that should be reviewed may vary depending on the applicant’s country of origin, personal circumstances, and type of residency status. However, before filing an administrative appeal regarding a delay in obtaining citizenship, the following documents are typically reviewed:
- Proof of submission of the application for Spanish citizenship based on residence.
- Case number and records of inquiries regarding the status of the proceedings.
- Foreign Resident ID Card, NIE, passport, and identification documents.
- Criminal background checks from Spain and the country of origin, if applicable.
- Proof of legal and continuous residence in Spain.
- Certificates of passing the CCSE and DELE exams, or documentation of an exemption, if applicable.
- Resolutions, requests, or communications received from the Ministry of Justice.
- Family, employment, or administrative documents that may be relevant to the case.
If the case file contains expired documents, unreviewed background information, unanswered requests, or a lack of evidence of compliance, legal proceedings may bring these deficiencies to light. Therefore, before bringing the case before the National Court, it is advisable to verify that the case file can be defended both on the basis of the documents and from a legal standpoint.
Author: Pilar Peña Martín
Lawyers specializing in immigration, Spanish citizenship, and administrative appeals
IN DIEM Abogados has extensive experience and a high degree of specialization in immigration law, Spanish citizenship, and administrative and judicial proceedings related to cases before the Ministry of Justice.
You can also request an IN DIEM consultation to review the basic documentation, analyze the status of the case, and assess whether it is appropriate to file an administrative appeal or adopt another strategy.
Preguntas frecuentes sobre nacionalidad española y recurso contencioso-administrativo
¿Cuánto tarda la nacionalidad española por residencia?
El procedimiento debe resolverse y notificarse en el plazo de un año desde la entrada de la solicitud en el órgano competente, conforme al artículo 11.3 del Real Decreto 1004/2015. En la práctica, algunos expedientes pueden demorarse más tiempo.
¿Qué pasa si mi expediente de nacionalidad lleva más de un año sin resolverse?
Si ha transcurrido más de un año sin resolución expresa, la solicitud se entiende desestimada por silencio administrativo negativo. Esto permite valorar la presentación de un recurso contencioso-administrativo, previa revisión del expediente.
¿Qué es el silencio administrativo negativo en nacionalidad española?
El silencio administrativo negativo significa que, al no resolver la Administración dentro del plazo legal, la solicitud se entiende desestimada a efectos de poder acudir a la vía judicial. No siempre implica que el expediente haya sido estudiado materialmente y rechazado.
¿Se puede presentar recurso contencioso-administrativo por retraso en la nacionalidad?
Sí, puede valorarse cuando ha transcurrido el plazo legal sin resolución. En estos casos, el recurso puede plantearse ante la Audiencia Nacional cuando corresponda, conforme a la normativa procesal aplicable.
¿El recurso contencioso garantiza que concedan la nacionalidad?
No. El recurso no garantiza automáticamente la concesión de la nacionalidad española por residencia. Puede servir para reaccionar frente al retraso y obtener control judicial, pero el resultado dependerá de que se cumplan los requisitos y de que el expediente esté correctamente documentado.
¿Qué documentación conviene revisar antes de presentar el recurso?
Conviene revisar la solicitud, justificantes de presentación, estado del expediente, residencia legal, antecedentes penales y policiales, certificados de integración, exámenes, posibles dispensas, notificaciones, requerimientos y cualquier documentación que pueda afectar a la resolución.
Lawyers specializing in Immigration Law | IN DIEM: Malaga, Seville, Madrid, Las Palmas de Gran Canaria, Almeria, Huelva…
IN DIEM Abogados has a team with experience in roles such as judge, state attorney, prosecutor, and university professor, which provides clients with peace of mind and confidence, knowing they are working with a competitive, well-prepared team with the technical expertise to analyze each case.
Our firm can provide advice on matters related to:
- Spanish Citizenship by Residence: Review of Applications, Documentation, Requirements, and Application Status.
- Delayed Cases: Analysis of Applications That Have Been Pending for More Than a Year Without an Express Decision.
- Implied Administrative Rejection: An Assessment of Its Effects and the Available Legal Options.
- Administrative appeal: preparation and filing of the appeal with the National Court, when applicable.
- Immigration documentation: review of residence permits, NIE numbers, renewals, background checks, certificates, and notifications.
- Online and urgent assistance: support via video call, phone, or other digital channels to facilitate the review of documentation without the need to travel.
We are here to assist you with whatever you need. You can contact IN DIEM Abogados by calling our main number at (+34) 916 353 892 or, in urgent cases, by calling our 24-hour hotline at (+34) 610 667 452.
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