In short: residence permits are renewed before they expire (with an allowed later window); while it is decided you can keep residing and working, and in renewals silence is usually positive.
In person or by representative? The application goes to the immigration office in person or electronically (Mercurio); under art. 197.1 of RD 1155/2024 both count as appearing in person. A representative can also file it, accredited by a notarial power of attorney or an apud acta authorisation in the electronic register of powers (art. 197.4). Once the renewal is granted, you apply for the new TIE in person at the police station within a month of the notification (for example, arts. 64.9 and 81.2 of RD 1155/2024). Vigencia note: art. 197.2 made electronic filing mandatory for several renewals (non-lucrative, self-employment, exception to the work-authorisation requirement). The Supreme Court annulled it entirely (rulings of 8 and 29 July 2026) and only allows that obligation to be imposed again with justification and proportionality. Some information sheets, such as sheet 7 for non-lucrative residence (May 2025), still list only Mercurio. By default, file it yourself, in person or via Mercurio, and check with your Oficina de Extranjería.
When to apply: apply before expiry. Many permits are renewed in the 2 months before expiry, and an application is also accepted within the 3 months after (arts. 64.1, 71.1, 80.1, 86.1 and 132.3 of RD 1155/2024). If you file in those 3 months after, the previous permit is also extended until the decision, but penalty proceedings for a minor offence may be opened (art. 52.b of LO 4/2000). For non-lucrative residence, the permit must be in force or within those 3 months; for family reunification, this applies to both permits, yours and that of the family member who sponsored your reunification (reagrupante) (arts. 64.2.a and 71.3.a). The exact windows vary by permit type.
While it is processed: if you filed on time, your permit's validity is extended until it is decided; you can keep working.
Administrative silence: in renewals it is usually positive — after 3 months with no decision, it is understood granted (unlike initial applications, where silence is usually negative). There are exceptions, so check your case.
Official source: Immigration Regulation (RD 1155/2024); per-type renewal sheets at inclusion.gob.es.
Informational only; deadlines and the meaning of silence vary by type — check the official source and a professional for your case.
