Return Authorization to Spain

The return authorization is a key document for foreign nationals who need to leave Spain while in the process of renewing their residence permit. Below, we outline the most important aspects of how to apply for it, the requirements, and the conditions for obtaining it, particularly under exceptional circumstances during the summer.

What is the Return Authorization?

The return authorization allows foreign nationals with an expired residence card or those renewing their residence to return to Spain within a 90-day period. This permit is essential if you plan to travel outside the country and need to ensure a smooth return.

For those in the middle of a renewal process or holding an expired card, the return authorization guarantees there are no obstacles to re-entering Spanish territory.

Traveling Without a Return Authorization

Exceptions During the Summer of 2024

As is customary each year, the General Commissariat for Immigration and Borders has issued instructions for the summer of 2024, establishing some key exceptions for return authorization requests:

1. Dates: From June 15 to September 30, 2024, Applicable Conditions:
   Foreign nationals who present themselves at a land or maritime border checkpoint and provide evidence of the following:
   • A valid passport or travel document.
   • An expired residence authorization.
   • Proof of a submitted residence renewal application.

These individuals will be allowed to enter Spain without needing a return authorization, provided they meet the mentioned requirements.

2. Air Travelers: For those traveling by air, obtaining the return authorization is still necessary to avoid being denied transportation by airlines, as it is required to board a flight back to Spain.

When to Request the Return Authorization

This document can be requested in the following scenarios:

• When a residence authorization renewal has been applied for within the legal timeframe.
• If you have lost or misplaced your foreigner’s identity card and have requested a duplicate.
• In exceptional situations, such as travel due to emergencies or personal needs, when the initial residence authorization has been favorably resolved.

Required Documentation to Request the Return Authorization

To apply for the return authorization, you will need the following documents:

1. Form EX-13: Printed, signed, and submitted in duplicate.
2. Copy of your complete passport, registration certificate, or valid travel document.
3. Copy of the renewal or extension application for the authorization or foreigner’s identity card.
4. In exceptional cases: Documentation justifying the urgency of travel and the exceptional circumstances.
5. Payment of the corresponding fee:
   • Form 790 Code 012 if processed at a police station.
   • Form 790 Code 052 if processed at the immigration office.

Where to Apply for the Return Authorization

The application must be submitted in person at the Immigration Office or Police Station corresponding to your registered address. If the applicant is a minor or legally incapacitated, the request can be made by their legal representative.

Important Note: If the application is submitted from abroad due to an inability to travel, it can be filed through a notarized power of attorney, accompanied by a medical certificate proving the inability to travel.

Validity of the Return Authorization

The return authorization is valid for 90 days. Depending on whether the application is submitted before or after the expiration date of the residence permit, the authorization will take effect either from the date of issuance or from the expiration date of the residence permit.

During its validity, the authorization can be used for multiple departures and re-entries, provided they occur within the 90-day period.

This document is essential to ensure that your return to Spain is not hindered if your residence permit is under renewal or has expired. If you plan to travel, it is important to manage the application in advance to avoid any issues upon your return.

Remember, a special measure facilitates entry at land and maritime border checkpoints as long as the established requirements are met. If you have questions or need assistance with your application, do not hesitate to consult an immigration expert.

FAQs About the Return Authorization in Spain

1. Where Can I Apply for the Return Authorization? The application must be submitted at the Immigration Office or Police Station corresponding to your registered address. If you cannot attend in person, you may file the application through a notarized power of attorney or a medical certificate justifying the inability to travel.
2. Can I Travel Without a Return Authorization? No. If your residence card has expired or is being renewed, you will need a return authorization to leave and re-enter Spain without issues. This is particularly important for air travel, as airlines may deny boarding without this document.
3. What Happens if My Return Authorization Is Denied?
   • The return authorization may be denied if:
   • The application is submitted outside the allowed timeframe or without the required documents.
   • There is a judicial prohibition on leaving Spain or a legal restriction on freedom of movement.
   • You fail to meet the requirements for the application.
4. How Long Is the Return Authorization Valid? The return authorization is valid for 90 days, either from the date of issuance or from the expiration date of your residence permit (if applied for after expiration). During this period, it can be used for travel out of and back into Spain.
5. How Long Does It Take to Process a Return Authorization? The processing time for a return authorization ranges from 15 to 30 working days. If no decision is made within this timeframe, it may be considered approved by positive administrative silence, meaning the application is deemed accepted.