Questions & answers | How does covid-19 afects my residence as an international student in Spain?
1- With the Alarm Status What happens to my renewal of the residence / stay card for studies? Is it still pending?
Royal Decree 463/2020, of March 14, establishes in its third additional provision the suspension of administrative deadlines, however, this refers to the fact that during the state of alarm, all procedures that expire on the dates included on 14 March to the date of lifting of prohibitions, they will not affect the legality of foreign citizens, therefore, as long as the residence cards expire within the state of alarm, foreign citizens will continue to be regularly in the country , and at the moment that said state ends, they will have to proceed with the extension of their stay for studies / residency card. On the other hand, it is very important to know that public administrations continue to operate within the state of alarm, the only thing that has been suspended is attendance in public facilities, therefore, the extensions and renovations of residences of foreign students and workers in the country it can continue to be done in the same way that it had been done in the past, through telematic means, and it is always recommended to do it within 60 days prior to the expiration of the cards, since doing it within the following 90 days may carry an administrative fine (excluding the periodicity of the alarm status).
2- I have received the resolution to grant my stay / residence. I do not have an appointment to put fingerprints.
Once the student / foreign citizen receives a concession resolution, because for reasons of Royal Decree 463/2020, of March 14, all deadlines are suspended, and in-person assistance is not allowed in Public Administrations, we will have to wait for the alarm status to end, so you can request an appointment for fingerprints and apply for a green card. It is very important to take into account that if in the grant resolution, the established validity time of the card is less than 6 months, the Administration will not issue a residence card to the foreign citizen, so it will remain regularly in the country proving said regularity with the proof of resolution that establishes the granting of the permission, and will have to proceed to the extension of the stay for studies within 60 days prior to expiration (it may also do so within 90 days after with the possible initiation of a fine)
3- Is it possible that you do not have a green card (TIE-NIE) this year? Can i have problems for it?
Since most of the resolutions related to students this year will be issued when the validity is less than 6 months, many students will not be able to apply for the study card, however, this will not affect their legal status. in the country, since all foreign student / resident will have a resolution of concession with the date of issue and validity of the new stay / residence, therefore, with said document you can prove that you are regularly in the country.
4- If during the Alarm State I have to renew the residence / stay for studies (TIE-NIE), can it be done?
Even though Royal Decree 463/2020, of March 14, establishes in its third additional provision the suspension of administrative deadlines, at no time does it suspend activities by Public Administrations, therefore, it allows all student / resident foreigner in Spain, proceed without problem with the extension / renewal of your stay / residence in Spain through the telematic means enabled by the Public Administrations themselves. In this sense, these are electronic records through which the requests for the extension / renewal of permits are made, which will allow us to obtain an application receipt through which we can prove to any public / private entity that We have proceeded to extend / renew our stay / residence in the country.
5- Do I have to be in Spain to present the renewal of the TIE (NIE)?
In principle, since said request can be made through a third-party attorney to present the extension / renewal documentation, the presence of the interested party is not necessary to proceed with the extension / renewal of the stay / residence of the interested parties. Of course, we will have to comply with the main criteria established by the Law, which means that the interested party cannot have absences of more than 6 months per year for said extension / renewal to be granted.
6- If I leave Spain with a return authorization and it expires, can I return to Spain?
Royal Decree 463/2020, of March 14, establishes in its third additional provision the suspension of administrative deadlines, which indicates that if a document expires within the state of alarm, its validity will be extended until the state of alarm ends Therefore, in principle, if a return authorization expires during the alarm state, its validity will be extended until said alarm state ends. However, it must be taken into account that Spanish citizens and foreign residents can continue to enter the country without problem, therefore, if any foreign citizen with a residence / study card, with a return authorization, wants to return to the country during the state of alarm, and as long as there are flights to do so, you can travel to Spain without any legal / immigration problem. On the other hand, we must also take into account that once the alarm state ends, the validity of any document also ends, therefore, we will find ourselves with assumptions of return authorizations that expire once the status has been lifted. of alarm, and foreign citizens who enter Spain on dates subsequent to said termination, so that if necessary, they could have problems at the entrance, since the border police could request these students / residents in the country, to meet the tourist requirements to enter Spanish territory, since they will not be able to demonstrate that they are legal residents.
7- If I left Spain without authorization to return, will I be able to return?
In art. 5 of the Regulation of Law 4/2000 establishes that: “the foreigner whose residence or stay authorization is in the period of renewal or extension will be issued a return authorization that allows him / her to leave Spain and the subsequent return to national territory, provided that the applicant proves that they have started the renewal or extension of the title that enables them to stay in Spain within the legal period established for this purpose, ”therefore, once the residence / stay card for studies has expired, the foreigner who moves out of Spanish territory is obliged to request a return authorization to make such movement, so in principle, if he has moved out of Spanish territory, when the residence / stay card has expired , and you have not applied for a return authorization to return to the country, in principle you should meet the requirements for tourist stays to be able to enter Spain, and even more so, in the case of return journeys that are carried out once the state of alarm has ended.
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This consultation has been prepared in accordance with our best knowledge and understanding. It is limited to issuing objective and independent opinions on the basis of the information and data provided, as well as a reasonable interpretation of the regulations currently in force.
