A professional who obtained her Doctorate in Stomatology in Cuba has succeeded in having Spain's National Court nullify the rejection due to administrative silence of her homologation request, after the file remained virtually unresolved for almost five years.
The ruling, issued on March 5, 2026, by the Sixth Section of the Administrative Court, requires the Spanish Administration to continue the processing, request the mandatory technical report, and issue a reasoned decision regarding the recognition of the degree.
The case highlights the bureaucratic difficulties faced by many professionals trained in Cuba when trying to practice their careers in Spain, particularly in healthcare sectors such as Medicine, Nursing, and Dentistry.
Almost five years waiting for the recognition of their degree
According to the judgment 95/2026 of the National Court, the interested party submitted their application on March 17, 2021, to the General Secretariat of Universities.
Her goal was to obtain recognition from Spain for the Doctorate in Stomatology issued by the Higher Institute of Medical Sciences of Havana, in order to pursue the regulated profession of dentistry.
The applicant stated that she had submitted the documentation verifying her studies, including the course load of the degree completed in Cuba, and asserted that she met the requirements established in the applicable regulations.
However, the legal deadlines passed without receiving an explicit decision, so he turned to the judicial route to demand recognition of his qualifications.
The judicial procedure was recorded under the number 759/2022 and concluded with a ruling issued on March 5, 2026, nearly five years after the initial request.
The Administration had not completed the necessary procedures
One of the most significant aspects of the ruling is that the National Court found that the Administration had not completed the required procedures to evaluate the homologation.
According to the judicial resolution, the administrative file contained only the initial application and the documents provided by the interested party to prove her studies in Cuba.
The technical report from the National Agency for Quality Assessment and Accreditation (ANECA) was not included, a mandatory document for assessing whether foreign qualifications meet the necessary conditions for the requested recognition.
The State Attorney's Office argued precisely that the absence of that report prevented the granting of homologation.
However, the court concluded that this omission did not justify maintaining a dismissal due to administrative silence without having carried out the necessary procedures.
The judges determined that the absence of the technical report hindered a proper resolution of the case, and they concluded that the Administration must complete the procedure before deciding on the recognition of the degree.
Does the ruling mean that the professional can now practice as a dentist?
No. The National Court partially upheld the appeal submitted by the interested party, but did not order the direct granting of the recognition.
The ruling annulled the presumed dismissal of his application and ordered the administrative procedure to be reverted so that ANECA can issue the corresponding technical report.
Once that report has been incorporated, the Administration must issue a clear and reasoned resolution, which may be favorable, unfavorable, or conditional upon the fulfillment of additional training requirements, as appropriate.
Therefore, the ruling represents a judicial victory against administrative inaction, but it does not equate to the automatic recognition of qualifications obtained in Cuba.
The resolution also states that it is not appropriate to expressly impose legal costs on either party.
The consulted documentation does not confirm whether the technical report was subsequently issued, whether the homologation was granted, or whether the ruling was appealed.
What does Spanish legislation establish regarding homologations?
The file was initiated in 2021, when Royal Decree 967/2014 was applicable. Although that regulation was later replaced, the transitional provision of Royal Decree 889/2022 establishes that procedures initiated before its entry into force continue to be processed in accordance with the previous regulation, except for the legally provided transition options.
For procedures subject to the regulations of 2022, the general deadline for issuing and notifying the resolution is six months from the date the application is entered in the electronic registry, without prejudice to any legally established suspensions.
When the deadline passes without receiving a response, the application may be considered rejected due to administrative silence. However, this does not negate the obligation of the Administration to provide a formal resolution.
This is also stated in Article 21 of Law 39/2015 on the Common Administrative Procedure, which establishes the obligation to issue and notify resolutions in administrative procedures.
The ruling regarding the title issued in Havana specifically recalls that the lack of a response does not allow one to bypass the evaluation procedures or the obligation to justify the decision.
What should Cubans do to have their degrees recognized in Spain?
Spain considers Dentistry a regulated profession, so professionals qualified outside the country need to obtain the appropriate recognition before practicing as dentists.
The Ministry of Science, Innovation, and Universities has a specific guide for the recognition of foreign degrees in Dentistry.
The required documents include proof of identity and nationality, the university degree, the academic certificate listing the subjects and hours of training, legalized documentation where applicable, and the receipt of the fee payment.
The evaluation also takes into account the academic criteria established by ANECA, which include requirements related to the duration of the studies, professional competencies, and clinical training.
Currently, new equivalency applications are submitted through the Ministry's electronic office, where interested parties can also check the status of their files.
Those who have been awaiting a response for an extended period should check official communications, keep their submission receipts, and verify if there are any outstanding documentation requests.
In the case of delays that exceed the applicable deadlines, they may consider administrative or legal claim avenues with specialized legal advice. The ruling from this dentist demonstrates that it is possible to challenge certain actions or omissions by the Administration, although each case must be examined individually.
Thousands of Cuban professionals are looking to work in Spain
The case occurs within a context of increasing emigration of Cuban professionals to Spain, where numerous doctors, nurses, dentists, and other qualified individuals are trying to continue their careers.
According to data from the Ministry of Science, Innovation, and Universities, in 2025 Spain resolved 85,564 applications for the homologation and equivalence of foreign degrees. Despite the increase in resolutions, the agency still recorded 72,337 pending applications by mid-March 2026.
As previously reported by CiberCuba, Cuba ranks among the countries with the highest participation in Spanish procedures for recognizing foreign university degrees.
The difficulties in obtaining recognition have direct consequences on the professional lives of emigrants.
In September, this media outlet reported the story of a Cuban doctor who is working as a waitress in Spain while trying to rebuild her professional career after leaving the island.
There are also cases of professionals who have finally managed to overcome the process. In January, a Cuban doctor celebrated being able to practice her profession in Spain after four years of waiting.
The ruling of the National Court does not guarantee a favorable response for all professionals seeking to have their degrees recognized, but it establishes a fundamental distinction: the Administration cannot indefinitely replace the evaluation of a file with its own inaction.
For those who have invested years in their training and seek to practice legally in Spain, obtaining a reasoned resolution is an essential step to determine whether they can continue their career or what additional requirements they must meet.
Related videos:
Filed under: