The state of alarm decreed on March 14 in Royal Decree 463/2020, as a measure to manage the health crisis caused by COVID-19, has made it impossible to submit requests for renewal of: residence, work, stay and visas. This, added to the suspension of the administrative and prescription and expiration periods, has generated doubts in those foreigners who, during the state of alarm, have seen their documentation expired.

The immigration regulations establish that all foreigners must renew their residence and / or work authorization when it is temporary. Or request the extension of the stay authorization for studies, exchange of students, non-work placements or volunteer services, as the case may be. However, the health emergency has required the implementation of measures related to the automatic extension and validity of authorizations to stay and reside and / or work and to other situations of foreigners in Spain.

The objective is to prevent the crisis associated with COVID-19 from having repercussions on the regular status of foreigners residing in Spain.

That said, we specify the conditions applicable to each type of document and situation of the foreigner in Spanish territory.

What happens if the temporary residence or work authorization and the stay authorization expire during the alarm state?

The temporary residence and / or work authorizations and the stay authorizations for studies, student mobility, non-labor practices or volunteer services provided in the immigration regulations, whose validity expires during the validity of the state of alarm and its successive extensions or has expired in the ninety calendar days prior to the date it was decreed, they will be automatically extended.

The automatic extension will begin the day after the expiration of the authorization, regardless of whether applications for renewal, extension or modification have been submitted prior to the entry into force of this order, as long as they have not been expressly resolved.

The validity of the extended document will be extended for six months from the end of the alarm state. In the case of foreigners’ identity cards issued and issued in accordance with temporary residence and / or work authorizations and residence permits, expired during the state of alarm or in the ninety calendar days prior to the date on which decreed, they will have automatic extension for six months. Applications can be submitted at any time during the validity of the extension or up to ninety calendar days after the end date of its validity. If the last request is favorable, the beginning of the term corresponding to the new authorization will be extended to the day following the expiration of the extended authorization.

How does the expiration of the Union citizen’s family card affect me during the state of alarm?

With respect to the family card of a citizen of the European Union, an automatic extension is established during the validity of the state of alarm and the validity of said card expired during the state of alarm or in the ninety calendar days prior to the date, will be of six months from the end of the alarm state.

If I have a foreigner identity card based on a long-term residence, how does the established extension affect me?

The foreigner identity card based on a long-term residence, is automatically extended during the validity of the state of alarm and the validity of said card expired during the state of alarm or in the ninety calendar days prior to the date, will be of six months from the end of the alarm state.

What happens if the stay in Spanish territory is up to 90 days and the stay has expired during the alarm state?

In the case of this type of stay, an automatic extension is established, for a period of three months. This validity will be limited to Spanish territory and the extended period will be taken into account for the purposes of calculating the maximum authorized time for future stays.

How are long-term visa holders affected, who are in Spain with a visa issued under a Youth Mobility Agreement or one for study stay of up to one hundred and eighty days, and which have expired during the state? alarm?

The validity of long-term visas issued under a Youth Mobility Agreement, as well as stay visas for studies of up to one hundred and eighty days, the validity of which expires during the validity of the state of alarm, will be automatically extended by a period of three months from the end of the state of alarm, provided that the holder is in Spain and has not been able to return to his country of origin.

If I am the holder of a temporary residence or work authorization and it has expired during the state of alarm while abroad, can I return to Spanish territory?

Holders of a temporary residence or work authorization who are abroad may enter Spain with the presentation of their valid and valid travel document and the expired alien identity card.

If I am the holder of a family card of a citizen of the Union and it has expired during the state of alarm while abroad, can I return to Spanish territory?

Holders of a family card of a citizen of the Union granted on the basis of an extended long-term residence who are abroad may enter Spain with the presentation of their valid and valid travel document and the identity card of expired alien.

If I am the holder of a foreigner identity card based on a long-term residence and it has expired during the state of alarm while abroad, can I return to Spanish territory?

Holders of an alien identity card granted based on an extended long-term residence, who are abroad may enter Spain with the presentation of their valid and valid travel document and the expired alien identity card .

What happens if the long-term visa granted to entrepreneurs has expired during the state of alarm and you are abroad? Can you enter Spanish territory?

Holders of long-term visas issued under Law 14/2013, of September 27, supporting entrepreneurs and their internationalization, whose validity expires during the validity of the state of alarm and who are abroad may enter in Spain with the presentation of your valid and valid travel document and the expired visa.

If I am the holder of a residence permit and I am abroad, and due to the state of alarm it has not been possible to return to Spanish territory, what happens if the deadlines for being abroad are exceeded?

In order to consider the continuity of residence accredited, absences from Spanish territory as a consequence of the impossibility of returning to Spain by COVID-19 will not be computed.

If you are in any of the situations mentioned above and you still have doubts about the administrative deadlines and the validity of the documentation, at Duguech & Dip we can help you. Likewise, if you need more detailed information on renewals, deadlines, documentation and particular exceptions in the case of being an entrepreneur opting for residence by job search click here.

This information does not constitute legal advice under any circumstances, serving only for informational purposes. In case you need professional services in the field of Global Immigration and Mobility, contact us.

* It must be taken into account that the regulations of any of the countries analyzed, as well as the established procedures, may change at any time and without prior notice.

© 2020 Duguech & Dip, S.L.P. – All rights reserved