Every morning you open the Ministry’s online portal and see the same words: “in progress”. Eighteen months have passed since you filed your nationality application. Your job, a trip or a life plan depends on that passport, and no one will give you a date.
There is a legal tool designed for exactly this situation: the contentious-administrative appeal against administrative silence. It is not a magic shortcut, but in many cases it unblocks stalled files.
When Silence Occurs in a Nationality File
The Ministry of Justice has one year to decide on nationality by residence. If it does not, the application is deemed refused by administrative silence.
That silence is not a real refusal: it is a legal fiction that exists precisely so you can go to court, as article 22.5 of the Civil Code reminds us.
How the Court Appeal for Nationality Works
The appeal is filed with the Contentious-Administrative Chamber of the National High Court. Its key points are:
- Filing an appeal for reconsideration first is optional.
- Against negative silence, case law holds that the appeal deadline does not run while the Administration has not decided.
- A lawyer and a court representative (procurador) are mandatory.
- The Court can directly recognise nationality if you prove all the requirements.
Why It Usually Speeds Up the File
Once the appeal is admitted, the court requests the administrative file from the Ministry. In many cases, the Administration decides during the proceedings, and if it grants nationality the case ends because the claim has been satisfied out of court.
If the Ministry does not decide, the court rules on the merits: that is why the appeal only makes sense if your file is complete and meets every requirement.
Risks and Costs
At first instance, the general rule is that costs follow the outcome (article 139 of Law 29/1998). If the appeal is dismissed, you could be ordered to pay the State Attorney’s costs.
Before appealing, it is worth reviewing every step of the file, from residence to the Cervantes exams.
Mistakes That Sink the Appeal
- Appealing with a file that has gaps in legal residence.
- Not checking whether the Ministry sent an unanswered request.
- Appealing before a full year has passed.
- Filing with expired criminal record certificates or pending diplomas.
Those words “in progress” do not have to stay with you for another year. If your file is in order, the appeal turns an indefinite wait into a procedure with deadlines and a judge who decides.
Talk to a Lawyer Before You Appeal
If your nationality application has been waiting for more than a year, we review your file and tell you clearly whether an appeal is viable. At MigratioLex, we review your specific case, not a generic checklist. We respond within 24 hours, in English, French or Spanish.
Book Your Initial ConsultationThis article is for informational purposes only and does not constitute legal advice. Based on article 22 of the Civil Code, Royal Decree 1004/2015, article 24 of Law 39/2015 and Law 29/1998 on the Contentious-Administrative Jurisdiction.
