TIE HoySilencio administrativo — the 3-month silence rule in renewal
If no decision arrives within three months of filing, your renewal may be approved by silence — but not for every route.
What is the 3-month silence rule?
If the administration does not issue a decision (resolución) within three months of your filing, the authorization is considered renewed by positive administrative silence (silencio administrativo positivo).
This is established by Art. 24.1 of Ley 39/2015 and applied to renewal through Art. 57.7 of Ley Orgánica 4/2000.
The three-month clock starts from the date on your filing receipt (resguardo), not from when the office opens the file.
Does the silence rule apply to all renewals?
No. Student stay extensions (prórrogas de estancia) follow a different regime: silence is negative — no decision means denied.
For most work, family, arraigo, and non-lucrative renewals, silence is positive. But verify your specific route, as exceptional categories may differ.
What to do
Track the 3-month deadline from your filing receipt.
Steps
- Save the exact date from your resguardo (filing receipt)
- Count 3 calendar months from that date
- If no decision by then and your route has positive silence, your renewal is approved
- Request a certificate of silence (certificado de acto presunto) if you need formal proof
Basis
Art. 24.1 Ley 39/2015 establishes positive silence as default for initiated-by-citizen procedures. Art. 57.7 LO 4/2000 applies this to residence renewal. Student stays are excluded per Art. 37 RD 557/2011 (negative silence for estancia extensions).
More questions
Can I travel if my renewal was approved by silence?
Technically your authorization is renewed, but you have no physical proof. Request a certificado de acto presunto before traveling.
At the border, a resguardo + elapsed 3 months without denial may not be enough for re-entry without the certificate.