The MINISTRY OF THE INTERIOR DIRECTORATE GENERAL OF THE POLICE GENERAL COMMISSARIAT FOR ALIENS AND BORDERS has published Instruction no. 2/2024 of the General Commissariat for Foreigners and Borders which allows for anyone who has applied for a renewal of their residence permit to return to Spain without having to get a return authorisation.
The aim is to alleviate the workload of the immigration offices that are notoriously overwhelmed with applications for return authorisations during the summertime. The wave of return authorisation applications should not add to the already extreme waiting times for residence permits that are being processed by the immigration offices.
The Spanish System: A Vicious Circle
Processing Times > Appointment System > Return Authorisations
This is a vicious circle. Long waiting times lead to applicants not having their documents when they need to travel outside of the EU and that leads to people needing return authorisations. The vastly delayed processing times combined with the appointment system makes it almost impossible for any applicant to plan their travels while their permits arte being processed.
SUBJECT: Summer return authorisations.
The DIRECTORATE GENERAL OF THE POLICE GENERAL COMMISSARIAT FOR FOREIGNERS AND BORDERS explains this as follows:
"Due to the summer holidays, there is always an increase in the number of applications for return authorisations, a document provided for in articles 5 and 7.3 of the Regulation of Organic Law 4/2000, on the rights and freedoms of foreigners in Spain and their social integration, approved by Royal Decree 557/2011, and which sometimes, in practice, lead to a standstill in the processing of residence authorisations as priority must be given to the issuing of such authorisations."
In order to optimise the resources available to the Immigration Offices, due to the demand for the aforementioned document, the General Commissariat has decided as stated below:
1. In general, authorisations to return will continue to be issued to foreigners who are in the process of renewing their residence permit and who meet the other regulatory requirements to obtain said authorisation to return.
2°. However, exceptionally, from 15 June to 30 September 2024, entry may be authorised to foreign nationals who present themselves at a Land or Maritime Border Post and prove that they are in possession of:
Valid passport or travel document.
Expired residence permit and
Application for renewal of the same.
3°. Foreign nationals who travel by air and are in any of the situations indicated in point 1 must obtain said return authorisation in order to prevent the airlines from refusing to transport, from the different airports of origin to Spain, those foreign nationals who cannot prove that they are in possession of a valid residence permit or the aforementioned return authorisation.
The Return Authorisation Only Helps If You Travel Directly To Spain!!!
It is recalled and must be taken into account that according to the provisions of Regulation 399/2016 of 9 March 2016 establishing the Schengen Borders Code, the return authorisation will only be a valid document for crossing the border through Spanish border crossing points and not through other crossing points of any other Schengen State. Therefore, the interested party must be informed that the return with this document can only be made at our border posts, since if they intend to return through another Schengen post, they may be refused entry at this border control.
4°. The aforementioned, referring to residence authorisations, extends to foreigners who hold a residence permit for study purposes (Student Card), whose renewal has been requested, and to those who, applying for the first time, have been issued the corresponding visa specifically for study purposes.
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