In this article, we tell you everything related to negative administrative silence, keep reading! And if you have any questions, you can contact Entre Trámites and we will resolve them for you. You can manage your Spanish nationality with us, and schedule a free consultation!
What are positive and negative administrative silence?
Below, we present the two types of administrative silence, with their respective meaning:
Positive administrative silence
- Positive administrative silence occurs when there is no response from the Administration, resolving the resolution in favor of the citizen’s request. In this case, the expiration of the term must be interpreted as an acceptance of the request.
- However, the institution of positive administrative silence cannot be used as a channel to obtain rights or situations contrary to the Law.
Negative administrative silence
Negative administrative silence is counterproductive proceedings that are not resolved. In other words, if the Administration does not respond to the request within the estimated period, this is a rejection of it.
How do you know if administrative silence is positive or negative?
Administrative silence must be interpreted as positive, however, the regulation includes express situations in which silence is considered negative:
- When a rule establishes the opposite of the request.
- Procedures for challenging acts.
- Acts of ex officio review and related to the exercise of the right to petition.
- Procedures of financial liability that may damage the environment.
- Acts relating to access or exercise of activities.
What to do when faced with negative administrative silence?
If the time comes to encounter negative administrative silence, you can choose to do one of the following:
- Wait until the Administration resolves.
- You must ask the Administration to confirm it in writing. In turn, it can confirm it (most likely) or deny it (it rarely happens, but there is such a possibility).
- File an appeal before the same Administration.
- File an appeal in court.
What is double administrative silence?
Double administrative silence is a condition that occurs when a citizen files an appeal against a rejection due to administrative silence of a previous request.
- The Administration does not respond to this request or the appeal, within the deadlines.
- The result of this silence is usually positive, although there are some exceptions.
I have been processing my nationality for more than a year. Will it be denied?
The fact that your file has been in process for more than a year and that the Ministry of Justice has not issued a resolution in this regard does not mean that your Spanish nationality will be denied.
Note: Your application for Spanish nationality will be granted or denied based on compliance with the requirements, and not on the time the application has been in process.
That is to say, the important thing here is to comply with every one of the requirements established for the granting of nationality, such as having been in Spain legally and continuously for sufficient time, not having a criminal record, a police record, having the exams CCSE and/or DELE, etc.
On the other hand, it must be taken into account that right now, the Ministry of Justice is quite late in the processing and management of applications for Spanish nationality, and we find, for example, files from the years 2014, 2015, 2016, 2017, 2018 and 2019 pending resolution. Be patient, the last word is the one that counts.
Do you need more information about Spanish nationality?
If you want to do any immigration procedure, make sure it has an expert team in the field. At Entre Trámites we invite you to know all our immigration services here. Fill in our contact form and we will call you to help you as soon as possible, schedule a free online consultation or just text our WhatsApp.
