On 29 October 2025, Spain’s Dirección General de Gestión Migratoria (DGGM) issued Management Criterion 6/2025, providing much-needed clarity on the processing of permanent residence cards for family members of EU citizens.
What does this new criterion establish?
According to the DGGM, when an application for a permanent residence card is not resolved within three months, it will be automatically approved by positive administrative silence (silencio administrativo positivo).
This means that, if the administration fails to issue an express decision within the legal timeframe, the application is considered granted — ensuring that applicants are not left in an indefinite state of uncertainty.
Legal basis
The criterion draws on:
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Article 1 of the Additional Provision of Organic Law 4/2000, on the rights and freedoms of foreigners in Spain.
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Spanish Supreme Court Judgments (19 January, 2 February and 13 July 2022), which confirmed that the absence of a decision within three months implies a favourable outcome.
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Directive 2004/38/EC, which recognises that the right of permanent residence derives from fulfilling material conditions — such as five years of continuous legal residence — and not from the physical card itself.
Together, these legal precedents ensure that rights derived from EU law cannot be restricted by administrative delays.
Practical implications
If more than three months have passed since your application without a formal decision:
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Your application is deemed approved.
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You may request an administrative certificate confirming the favourable silence.
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Any later decision issued by the authorities must respect the effects of that approval, unless there are legal grounds for nullity or revision.
Why is this important?
This interpretation enhances legal certainty and transparency for EU families residing in Spain, aligning Spanish administrative practice with EU principles.
It also ensures that applicants’ rights are recognised without unnecessary procedural obstacles.
👉 If you need personalised legal advice on residence rights for EU citizens or their family members in Spain, contact our team today at sara@svelsanlawyers.com
