SPAIN · UGE · DIGITAL NOMAD
Twenty days have passed since the Digital Nomad residence application, and UGE has not replied. Does that mean the application is approved?
Spanish immigration law does provide a mechanism called
silencio administrativo positivo – positive administrative silence.
However, there are important legal and practical distinctions between expiry of a deadline and being able to treat the procedure as safely completed.
We tell you how silencio works, why UGE can send an additional request, and what actions are possible if the waiting is followed by a refusal.
The essentials in one minute
- The relevant Digital Nomad residence procedure has a 20-day processing period.
- The law provides for positive administrative silence, subject to the applicable conditions.
- Time limits should be calculated by administrative rules, not just by calendar.
- A request for additional documents may affect the running of that period.
- Administrative silence does not eliminate possible problems with the documentation or eligibility ground.
- After refusal, an appeal and, where appropriate, a new application may be made.
What is Silencio administrativo in Spain?
Silencio administrativo is the legal effect of the absence of a decision by a public authority within the prescribed time-limit.
Depending on the particular administrative procedure, silence may have a positive or negative effect.
A positive administrative silence mechanism is provided for permits subject to the relevant procedure of Law 14/2013.
Important distinction:
Silencio positivo is not just a suggestion that the application is approved; it is a legal mechanism whose application depends on the fulfilment of legal conditions and the correct calculation of the time frame.
We therefore do not recommend concluding that an application has been approved solely from the number of days since submission.
When can administrative silence take effect for Digital Nomad applications?
Law 14/2013 sets a 20-day review period for the respective permits.
Administrative deadlines are calculated under the applicable procedural rules. Where expressed in days, identify which days count as working days, the starting date, holidays and any suspension of the period.
01
Date of registration
Check when the application has been registered with the competent authority for consideration.
02
Working days
Exclude days that do not count towards the administrative deadline.
03
Notifications
Check UGE electronic notifications, including possible requests for additional documents.
04
Suspension
Take account of any circumstances that lawfully suspended the period.
Do not confuse:
Twenty working days and twenty calendar days are different. The legally relevant starting date may also differ from when documents were prepared or sent to a representative.
Can UGE request additional documents after 20 days?
In practice, applicants sometimes receive UGE notifications after they expected a decision.
Receiving a late notification does not by itself establish its legal consequences.
Check when the notice was issued and how it was served, whether the period was lawfully suspended and whether administrative silence had legally taken effect.
OUR EXPERIENCE
A document request on day 22 of processing
In one of our cases, UGE sent a request for additional documents on the 22nd day of review.
We prepared a timely response, supplied the evidence and protected the applicant’s position.
This case shows why it is important to keep track of notifications even after the expected deadline.
Our advice is:
Do not ignore a document request on the assumption that administrative silence has already resolved the matter. Assess the procedural position and choose the appropriate response.
Can UGE refuse after the Silencio?
This is one of the most disputed issues in residence permit practice.
If positive administrative silence has legally taken effect, the authority’s subsequent decision is restricted by administrative procedure rules.
In practice, however, there may be disputes as to whether the period of time has expired, whether the grounds for its suspension have been met and whether the application has met the mandatory requirements.
A CASE SHARED BY COLLEAGUES
Refusal after positive administrative silence was believed to have arisen
Colleagues shared a situation in which the applicant had been refused after the expiry of the expected period.
UGE considered that the applicant’s lawful presence in Spain had not been sufficiently established.
Appeal and reapplication procedures were used to protect the applicant’s interests, and a favourable residence outcome was subsequently achieved.
Legal nuance:
Issuing a refusal does not necessarily make it lawful. If silencio positivo has already taken effect, assess the possibility of challenging the late negative decision separately.
Why is lawful presence in Spain so important?
To submit a Digital Nomad residence application from Spain, the applicant must be lawfully present in the country.
This is an autonomous condition that cannot be ignored even if there is a suitable job, sufficient income and a complete set of professional documents.
Depending on the route and circumstances of the entry, additional confirmation of stay in Spain may be required.
- A valid visa or another lawful basis for stay.
- Compliance with authorized periods of stay in the Schengen area.
- Confirmation of border crossing and travel route.
- Documents to confirm presence in Spain.
- If necessary, additional official evidence.
What should you do if the deadline has passed without a UGE decision?
1
Check the application date
Establish the application’s registration date and calculate the procedural deadline correctly.
2
Check notifications
Make sure that UGE has not sent a request or other notification affecting the procedure.
3
Assess silencio conditions
Check whether positive administrative silence applies to this particular application.
4
Identify the next step
Where there are grounds, consider requesting confirmation of administrative silence and taking other legally available procedural steps.
5
Respond to a refusal
If a refusal has been issued, examine its reasons, appeal procedure and deadlines.
Appeal or reapply: which route should you choose?
There is no universal answer, and the decision depends on the reasons for the rejection, the content of the administrative case and the current migration status.
01
Appeal
An appeal may be appropriate where there are grounds to challenge UGE’s findings, the procedure followed or the refusal’s legality.
02
A fresh application
This may be appropriate if the original deficiencies can be corrected and the applicant retains a lawful basis to apply again.
In some situations, an appeal and a new filing may be considered in parallel if it is procedurally permissible and does not create contradictions in the applicant ‘s position.
Important:
A fresh application does not automatically overturn the earlier decision, and an appeal does not always suspend its effects. Check the deadlines and consequences of each step before choosing a strategy.
Why don’t we just rely on Silencio?
Our aim is not merely to wait for a deadline to expire, but to prepare an application capable of passing the immigration authority’s substantive assessment.
So, before we apply, we analyse work, income, qualifications, social insurance and the legality of stay in Spain.
What does our approach include?
- Preliminary analysis of the grounds for a residence permit.
- Verification of documents and potential risks.
- Preparation of an electronic application via UGE.
- Monitoring notifications and requests for additional documents.
- Evaluation of the timing and applicability of Silencio.
- Developing a strategy if the application is refused.
Frequently asked questions
Does administrative silence automatically produce a residence card?
No. Even when positive administrative silence has legally taken effect, documenting the authorisation and subsequently obtaining the TIE card require separate steps.
Does administrative silence take effect after exactly 20 calendar days?
No. The administrative time frame should be calculated correctly and it should be verified whether there were any circumstances affecting its course.
Should you respond to a document request after you believe administrative silence has arisen?
The notification should not be ignored without a legal evaluation; its date, content, time-limit for response and implications for a particular case should be checked.
Can a refusal arrive after the deadline?
Negative decisions do occur in practice. Their legality depends on the circumstances; where positive silence has already taken effect, a late refusal may need to be challenged.
Can you file a complaint and a new application at the same time?
In some cases, such actions may be procedurally permissible, but the grounds for refusal, migration status and the possible impact of procedures on each other must be taken into account.
Can you request confirmation of silencio positivo yourself?
Spanish administrative law provides for confirmation of the legal effect of silence. Before making a request, establish that the relevant effect has actually arisen.
Related reading
Other materials on the residence permit of a digital nomad in Spain.
Spain’s Digital Nomad residence permit in 2026
Requirements, income, documents and application stages.
Read the article →
How to apply for Spanish residence while visiting on a Schengen visa
Legal entry, EES and confirmation of stay in Spain.
Read the article →
Why does UGE deny a digital nomad’s residence permit?
Reasons for refusal, appeals and fresh applications.
On the website soon.
Spanish residence for the whole family
Spouses, children, financial requirements and family residence.
On the website soon.
Spanish Digital Nomad residence permit — Main page of the service
Requirements and application assistance →
WINDOW TO BULGARIA
No reply from UGE, or a request for more documents?
We assess your case, deadlines, notifications and the grounds for further action, and help identify an appropriate strategy.
Message us on Telegram →
Message us on WhatsApp →
Official sources:
Ley 14/2013
·
Ley 39/2015
·
Ministerio de Inclusión
This material was prepared for 2026. Administrative deadlines, requirements and available remedies are checked against the individual case.
