{"id":21580,"date":"2023-03-06T12:26:51","date_gmt":"2023-03-06T11:26:51","guid":{"rendered":"https:\/\/www.in-diem.com\/administrative-appeal-regarding-citizenship-fast-track-procedure\/"},"modified":"2026-08-12T14:41:55","modified_gmt":"2026-08-12T12:41:55","slug":"administrative-appeal-regarding-citizenship-fast-track-procedure","status":"publish","type":"post","link":"https:\/\/www.in-diem.com\/en\/administrative-appeal-regarding-citizenship-fast-track-procedure\/","title":{"rendered":"Administrative Appeal Regarding Citizenship: Fast-Track Procedure"},"content":{"rendered":"
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Currently, there is a significant backlog in our country regarding the processing of applications for Spanish citizenship<\/strong>, 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\u2014with all that this entails\u2014until they obtain citizenship.<\/p>\n\n

Legally, the maximum<\/strong> time limit for a decision is one year<\/strong>, as provided for in Article 11.3 of Royal Decree 1004\/2015, dated November 6<\/a>, which approves the regulations governing the procedure for acquiring Spanish nationality through residence<\/strong>:<\/p>\n\n

\u201cThe 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.\u201d<\/em><\/p>\n\n

The officials responsible for resolving these cases are specific employees of the Ministry of Justice<\/strong><\/a>, 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.<\/p>\n\n

This lack of response through administrative channels can be interpreted as an implied administrative denial<\/strong>, 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.<\/p>\n\n

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<\/strong><\/a> . This appeal<\/strong> 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. <\/p>\n\n

However, before filing an administrative appeal<\/strong>, 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. <\/p>\n\n

An administrative appeal<\/strong> 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<\/strong>, without the need to pursue the entire judicial process when the case is resolved by the competent agency. <\/p>\n\n

The involvement of professionals specializing in immigration<\/strong>, Spanish citizenship<\/strong>, and administrative law<\/strong> is mandatory and necessary for filing the appeal, as this is a judicial proceeding within our legal system. IN DIEM Abogados<\/strong> has qualified professionals who can analyze these types of cases and determine the most appropriate strategy for each one.<\/p>\n\n

What to Check Before Filing an Appeal<\/h2>\n\n

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.<\/p>\n\n