The Legal Deadline versus Reality
| Stage | Legal Deadline | Actual Time in Practice |
|---|---|---|
| Issuing the initial asylum decision | 6 months from filing the application | Usually between 1 and 2 years, and in some cases more |
| Personal interview with OAR | No specific legal deadline | Can take from a few months up to more than a year after filing |
| Issuing a temporary work permit | After 6 months from filing, if there is no response | Usually met according to the legal deadline, since it depends on the passage of time rather than an administrative decision |
The sharp increase in the number of asylum applications in Spain in recent years has put pressure on the administrative capacity of the Asylum and Refugee Office (OAR). This does not mean your case is weak; the vast majority of cases face this same delay.
What to Do during the Waiting Period
- Renew your red card (Tarjeta Roja) on time according to the dates set
- Use access to the public healthcare system, which is active from the moment the application is filed
- Apply for a temporary work permit after six months have passed since filing the application
- Keep and update the case's documents and evidence if new information or documents related to the asylum claim arise
- Periodically follow up on the case's status through a lawyer or the relevant authorities
What Is the Certificate of Administrative Silence, and When Should It Be Requested?
Once the six-month legal deadline has passed without a final decision, the applicant can request a certificate of administrative silence (Certificado de Silencio Administrativo) from the relevant office. This certificate formally confirms that the legal processing deadline has elapsed and can be useful for certain administrative purposes (such as proving status to an employer or other institutions), although it does not replace the final asylum decision.
Unlike some other administrative procedures in Spain, prolonged silence in an asylum case does not mean the application is automatically approved. You must wait for an explicit decision; the certificate of silence is merely an administrative tool for proving that the deadline has elapsed.
Frequently Asked Questions
Why does the actual processing time take so much longer than the legal deadline?
Due to the high volume of asylum applications and the limited capacity of the Asylum and Refugee Office (OAR), most cases take longer than the six-month legal deadline.
Does a long processing time mean the case will be rejected?
No. A long silence from the authority is simply a sign of a high case volume and is not, on its own, an indication of rejection or approval.
What exactly is the certificate of administrative silence used for?
This certificate is used for certain administrative purposes and shows that the legal processing deadline has elapsed without a final decision being issued.