Positive Administrative Silence and Partial Payment of Fees in Spanish Residence & Work Permits: TSJ Madrid Judgment of 19 March 2026

Can a Spanish residence and work permit be deemed granted by positive silence when only one of two required fees is paid? The Madrid High Court judgment of 19 March 2026 firmly rejects it: partial non-payment suspends the resolution deadline under art. 22.1.a) Act 39/2015 and art. 15.1.b) Act 8/1989, and favourable silence never arises.

Introduction: the question settled by TSJ Madrid 19-3-2026

In Spanish immigration law, a recurring debate is whether the lapse of the three-month period since applying for a residence and work permit, without an express resolution, automatically produces positive administrative silence. The Contentious-Administrative Chamber of the High Court of Justice of Madrid (TSJ Madrid), in its judgment of 19 March 2026, clarifies a very common scenario: what happens when the applicant pays only one of the two fees required by the Administration?

The court's answer is clear: positive silence does not occur. In this analysis, [Bufete Padilla](https://bufetepadillatorrevieja.com/en/contact) unpacks the doctrine, its legal basis and the practical consequences for foreign nationals applying for Spanish residence.

1. The facts: two fees, one payment

The applicant filed with the Government Delegation in Madrid an application for a residence and work permit. The Administration required proof of payment of two separate fees:

  • The residence permit fee.
  • The work permit fee.

Within the remedy period, the applicant evidenced payment of only one. The other remained unpaid. Months later, the express decision denied the permit, and the applicant argued before the TSJ that the three-month period had already elapsed and her application should therefore be deemed granted by positive silence.

2. The TSJ Madrid doctrine: partial non-payment suspends the deadline

The court rejects the positive-silence argument through a systematic interpretation of four statutes:

  • [Organic Act 4/2000](https://bufetepadillatorrevieja.com/en/blog/immigration-regularization-arraigo-rd-316-2026-spain) on the rights and freedoms of foreigners.
  • Royal Decree 557/2011 (Immigration Regulation).
  • Act 8/1989 on Public Fees and Prices.
  • Act 39/2015 on Common Administrative Procedure.

The two decisive provisions are:

| Provision | Role in the ruling |
|---|---|
| Art. 15.1.b) Act 8/1989 | The file cannot proceed without proof of full payment of the required fees. |
| Art. 22.1.a) Act 39/2015 | A remedy request suspends the maximum deadline to resolve until it is effectively complied with. |