- Desistimiento:: The applicant is entitled to withdraw his application at any time (art. 94 Ley 39/2015) and the administration is entitled to declare you rejected unless you have corrected the defects within the time limit (art. 68) [1].
- Time limit for response to requerimiento under general rule 10 days, extension to 5 days in case of special difficulties (art. 68): Reglamento specifies 10 or 15 days for a number of procedures [1][2].
- Caducidad del procedimiento If the procedure is stopped because of your fault, the administration warns and after three months files the case (art. 95) [1].
- Caducidad de la autorización are applied - another: the permit expires on time. Extension, filed on time, retains its validity until the decision (Article 200.1 RD 1155/2024) [2].
- Both desistimiento and caducidad are processed by a decision that can be appealed; the time limit for appeal is specified in the decision itself. [1][3].
What is desistimiento?
Desistimiento - withdrawal of a declaration, after which the procedure ends without a decision on the merits. Article 84 Ley 39/2015 calls it a means of completing the procedure along with a decision, waiver of the right and caducidad [1]Two exits.
The first is voluntary: any interested party may refuse his application, a form of free signature, which is required by law; the administration shall accept the refusal immediately and terminate the procedure unless third parties have entered the process and are asked to continue it (art. 94) [1].
The second is "recognize the rejected" (tener por desistido). If the application is incomplete, the administration sends a request to requerimiento: correct the deficiencies in 10 days, the deadline may be extended to 5 days if the collection of documents is objectively difficult. If not, it will decide that you have refused the application (article 68 Ley 39/2015) [1].
What are the time limits for requerimiento in migration procedures?
| Procedure | Time limit for reply | Basis |
|---|---|---|
| General rule | 10 days, extension to 5 days | Ley 39/2015, article 68 [1] |
| Visa: Non-appearance by consulate | Not more than 15 days; 10 days ’ response, extension to 5 | RD 1155/2024, article 27 [2] |
| Primary residence permit for employment | 10 days | RD 1155/2024, article 77 [2] |
| residence permit for a Spanish national and arraigo | Notification period not exceeding 15 days | RD 1155/2024, arts. 97 and 130 [2] |
For DNV, we didn't find a separate time frame in Ley 14/2013, so there's a general rule, but the number of days always read in the notice itself. How to respond to the request explains the article. on requerimiento, and for some reasons, for example, arrai, it does not interfere with the second page on the basis of 91 , and we have on the basis of the work in the <x / x / x / x = id = id = id = , if id = , if id = 91 id = , if id = id = id / x / id = id = id = 91 , if id / id / id / id = id = , id / id / id / id / , on the basis of , This case is decided before filing. on requerimiento on DNV.
What is caducidad?
In migration texts, that word means two different things, and it's dangerous to confuse them.
Caducidad del procedimientoIf the case is stopped because of your lack of action, the administration warns that the procedure will be closed in three months. If you have not done the right thing, the case will be archived and the decision can be appealed (art. 95.1 Ley 39/2015) [1]. A mere inaction in a non-existent step is not an excuse for caducidad: then you simply lose the right to that step (art. 95.2) [1].
Caducidad de la autorizaciónThe permit is valid and the permits for stay and temporary residence are terminated upon expiry of the period, but the extension, modification or renovación issued within the period extend them until a decision is reached (art. 200.1 RD 1155/2024) [2].
How do these concepts differ?
| Concept | What's going on? | When |
|---|---|---|
| Desistimiento voluntary | You're closing your application. | Any time before the decision [1] |
| Desistimiento Requerimiento | You are considered rejected | After the deadline for response [1] |
| Caducidad del procedimiento | The procedure is archived | Three months after the warning. [1] |
| Caducidad de la autorización | The permit is out of action. | On expiry of the deadline, if you did not submit an extension on time [2] |
What happens after desistimiento or caducidad?
The Administration is required to make a decision that simply records the fact that: desistimiento, caducidad or waiver (art. 21.1 Ley 39/2015) [1]The decision shall be handed down indicating whether it closes the road inside the administration, which recursos are possible and within what time frame (art. 40.2) [1]Model time limits: recurso de reposición one month, recurso de alzada one month, and court takes action within two months of the issuance of the manifest decision [1][3]What recurso is appropriate for your decision is written in the decision itself; the general order is described in the article Reposión and alzadaDon't confuse the agency's silence with its own. silencio positivo.
The fact that the new application is not renewed does not mean that it is not possible to renew it in itself, but the new application is checked according to the conditions at the date of submission and what will become the effect of the previous permit and the time frame is determined by the date and type of case. Article 200.1 links the extension of the permit to the fact that the extension procedure is ongoing; what happens to this defence after the archivo is not stated in the text; this is a question for counsel before you file a second application.
How can you not get desistimiento because of the missing requerimiento?
- Open the notification in sede on the day of receipt and write down the date and date: How the notifications work in the sede.
- Compare the number of days in the document with the table above: for your procedure it may differ.
- If a document cannot be received in time, request an extension of up to five days until the deadline is available: it is possible with special difficulties and is not automatic.
- Answer the same channel and save confirmation of the submission.
- If you have a decision on desistimiento, you can show it to your lawyer immediately: the deadline for recurso is from the day of the award.
Which is permissible in your case depends on the type of procedure. The NEXO's maintenance cost is not a claim, but the correction and re-supprise are included. extension sheetA general overview of the grounds is on the page Residence permit in Barcelona.
Frequent issues
What do you mean, desistimiento in exranjería?
How many days are given on requerimiento?
How does caducidad differ from desistimiento?
Can you apply again after desistimiento?
Can you appeal the decision on desistimiento?
Based on source
- BOE · Ley 39/2015, articles 21, 40, 68, 84, 94, 95, 122 and 124 ♪
- BOE · Real Decreto 1155/2024, articles 27, 77, 97, 130 and 200 ♪
- BOE · Ley 29/1998 de la jurisdicción Contencioso-administrativa, article 46 ♪
Sources are viewed on 02.10.2026. Consolidated texts and departmental reference pages are informative: legal application takes into account official publications, changes and specific circumstances. Material has not been personally checked by counsel.
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The source is viewed on 02.10.2026 · NEXO · Drafting Draft · Sources do not replace individual legal advice.