Many are facing the same situation. As a foreigner resident in Spain with a residence card in process of renewal, the Coronavirus crisis has happened while you were out of the country, with your authorization to return.
So, either it has already expired or it is about to do so.
Given the current situation, especially at the borders, will you be able to return? Is it possible to return to Spain if your return authorization has expired? In this post you will find an in depth answer.
An authorization to come back is a document that allows you to leave Spain even if you do not yet have your residence permit or if it is being renewed.
In other words, it acts as a safeguard for those moments when we have to return to our country of origin, but either we have just started the procedure to renew it and do not yet have it; or we are at the stage of fingerprinting the initial application and have not yet received it.
In these cases, we can apply for a return authorization that acts as a proof of residence card until we get the original.
With this authorization, and under normal circumstances, there is no problem when re-entering Spain. At the border control, you just need to hand it over to access the country easily.
It usually lasts for 90 days.
Expired return authorization during the Coronavirus crisis
However, many foreigners are in a problematic situation.
For whatever reason, they have had to return to their home country with a return permit, and the Coronavirus crisis has coincided with their stay there.
As some time has passed, their authorization has expired (or will expire soon). Remember that it is valid for a maximum of ninety days.
This creates great uncertainty: will I be able to enter back to Spain?
And if possible, how can I return with an authorization to come back that has expired during the state of alarm?
Then, is it possible to enter Spain with an expired authorization to come back?
We have already explained with greater detail all the implications that the Royal Decree published at the beginning of the state of alarm had for the legislation on foreigners.
One of these main implications was the suspension of administrative and term deadlines. What does this mean?
Firstly, that all residence cards that expire during the state of alarm are automatically extended.
But on the other hand, this also applies to return authorizations.
This means that, yes, you can re-enter Spain even if your return authorization has expired.
The new period of days of duration of your authorization to come back begins to count once the alarm state has ended.
And what happens if what's expired is my residency card?
Let’s now assume the case where you have not left the country with a return permit but with a residence card.
Again, due to the extension of the state of alert, it can also expire.
Will you still be able to enter Spanish territory?
Yes. The same principle applies as in the previous case.
The suspension of administrative deadlines automatically extends the expiration of your residence card, so you do not have to worry about that.
However, we must wait for further announcements from the immigration authorities to know exactly how this operation will be carried out.
That is to say, how the entry of the foreigner whose card or authorization has expired will be facilitated.
But are still able to renew your permit online!
We have also covered throughout several articles about how it is totally possible to renew your residence card telematically.
That is, online from home.
This is totally beneficial since the foreigner’s office is speeding up the process of resolving cases to avoid future congestion.
So you will get an answer in record time.
Hence, if you need help renewing your visa or residence permit online, our team of lawyers is here to help you.
We will prepare and upload all the documents for you, and notify you when we have an answer.
What you should really take into account to come back to Spain
Now you can understand that even if your authorization has expired, entering Spain will not be a problem.
However, there are other factors that you must take into account in order to do so.
We are referring to transportation options.
Because land borders in Spanish territory are closed.
And, on the other hand, the EU has restricted non-essential flights from third countries for 30 days.
So, as far as foreigner documentation, you will have no problem entering. The important thing will be to find out the available transportation options that can get you back to the country.
Remember that for any other questions we are at your disposal at firstname.lastname@example.org 24 hours a day.