What happens when a non-EU national residing in Spain has travel plans but their TIE card has expired already, is due to expire while they’re out of the country or expires soon after returning? What steps should they take in each scenario?
If you’re a non-EU national legally residing in Spain, you will have been issued a residency card known as a Tarjeta de Identidad de Extranjero, or TIE.
This card proves that you have residency in Spain and under certain conditions. For example, it will say residencia y trabajo if you have the right to live and work here. It also shows your NIE number, your address and an expiry date on it.
Regarding this expiry date and you card renewal, it can be done within a period ranging from 60 days before its expiry date to 90 days after it has expired (although some migration officials may give you a different answer).
You typically need to show your residency card, along with your passport, when returning to Spain after travelling from outside of the Schengen Area, to prove that you’re not simply entering as a tourist.
But what happens when you need to travel and TIE card has expired, will expire while you’re outside Spain or will expire soon after you arrive back in the country?
If your card has already expired and you have already applied to renew it, but haven’t received the new one yet, then you must apply for what’s called an autorización de regreso or re-entry permit.
This document authorises foreign residents to be able to return to Spain during a period of renewal or extension of their residence card.
READ ALSO: UK Embassy in Spain advises Brits not travel with expired TIE cards
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In order to apply for the autorización de regreso you must:
- Be the holder of a residence document and have initiated the renewal or extension process of the authorisation that enables you to remain in Spain.
- Have submitted a request for a duplicate card due to theft, loss, destruction or expiry.
- Prove why you need to travel during this time.
- Provide proof of your trip via tickets, online bookings etc.
- Have your initial residence or authorisation favourably resolved.
In order to apply for it you will need:
- Application form modelo EX-13, completed and signed.
- A copy of your passport or valid travel document.
- A copy of the request for the renewal or extension of your TIE.
- Supporting documentation to show when you are taking the trip and for what reasons.
You will also need to download the Modelo 790 in order to pay the associated fee.
Typically, your authorisation will either be granted on the spot or within a few days.
If your TIE card is due to expire between you flying out of Spain and returning to the country, you should probably not travel during those dates if can be avoided.
If you need to travel outside of Spain, consider getting the autorización de regreso and/or an appointment booked for your card renewal. What counts is the return into Spain after all, so even if the card was valid when they flew out of the country, what matters is its status when re-entering Spain.
Depending on the timeframe, you may be able to have proof that you’ve already applied for a new card and are waiting to receive it, or that you have an appointment to apply for renewal soon after arrival back in Spain.
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As we mentioned earlier, you can technically start the application to renew your TIE 60 days before it expires, so if you know you’re going to be travelling, you can do the process in advance.
This may not be the case for all applicants, however, particularly Brits, who are regularly being told in many regions to wait until their cards expire before they can renew them.
READ ALSO: Can Brits travel back to Spain if their TIE residency card has expired?
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If your TIE has not yet expired but is due to soon after returning to Spain, there is nothing from official government sources to indicate that re-entering Spain would require any sort of authorisation. This only applies when it has already expired.
As getting an appointment in order to renew your TIE is typically difficult in many places in Spain, it’s important to try and get one as far in advance as possible, so you’re not stuck in the situation with an expired TIE.
Anecdotal evidence from readers suggests that even if your TIE has expired, if you show the immigration guards at the airport your old card and tell them you have appointment to renew it or show them evidence of this appointment, they will often let you in without having to register as a tourist. They may also not even ask for an autorización de regreso.
Because of the EU’s new Entry/Exit System, whereby non-EU, non-residents now need to provide biometric data such as fingerprints upon arrival, it could get very confusing if you register as a tourist, when in fact you’re a resident and your time in the EU could start to count down, even though you live here, therefore it’s important you show that you are a resident, even if your card has expired.
