SUSPENSION OF ADMINISTRATIVE DEADLINES AND EXTENSION OF AUTHORIZATIONS
When the state of emergency began in Spain on March 14, 2020, one of the main concerns for many foreigners was how their permits would be extended, since most public entities, where they usually request documents, such as the town hall (to request registration certificates or historical registration certificates), were closed.
Thus, one of the first measures adopted by the Spanish state was the suspension of administrative deadlines. Let’s provide an example to make it much clearer.
Our firm has requested several renewals, and in some of them, documentation was missing. In such cases, the immigration office sends us the request online, attaching a clause that specifies the following:
IMPORTANT: The 10-day period for submitting the indicated documentation is suspended until the end of the state of alarm declared by Royal Decree 463/2020, of March 14 (Additional Provision Two).
This gave us leeway to submit the documentation once the state of alarm was lifted, thus providing peace of mind and time for individuals who lacked documentation to provide it and/or go to public entities to request it.
EXTENSION OF AUTHORIZATIONS
On May 18, Order SND/421/2020 was issued, adopting measures related to the extension of stay and residence and/or work authorizations and other situations of foreign nationals in Spain, as a result of COVID-19.
A) Extension of temporary authorizations and stay authorizations.
Requirements:
Expiration (validity) during the state of alarm.
Extension from the card’s expiration date until six months after the end of the state of alarm.
If you have already initiated a renewal and have a favorable resolution, this extension will not apply to you.
Extension of temporary residence and/or work authorizations and stay authorizations, for up to 6 months from the end of the state of alarm.
B) Extension of EU citizen family member cards.
The validity of EU citizen family member cards that expired during the state of alarm or within the ninety calendar days prior to the date it was decreed is automatically extended for the duration of the state of alarm and for a period of six months from its termination.
C) Extension of foreign national identity cards granted based on long-term residence.
The validity of foreign national identity cards granted based on long-term residence that expired during the state of alarm or within the ninety calendar days prior to the date it was decreed is automatically extended for the duration of the state of alarm and for a period of six months from its termination.
D) Extension of stays of up to ninety days.
Individuals who are in Spain on a stay for a period not exceeding ninety days, which expired during the state of alarm, will have their stay automatically extended for a period of three months. This will be the case for TOURISTS. But BE AWARE, the validity will only be within Spanish territory (this indicates they cannot travel) and this time will also be counted for future stays.
QUESTIONS:
What if I am abroad and my card has expired?
You may enter Spain by presenting your valid and in-force travel document and the expired foreign national identity card.
Will the time I spent abroad due to COVID-19 count as absences for renewing my authorization or applying for nationality?
For the purposes of proving continuity of residence, absences from Spanish territory due to the impossibility of returning to Spain because of COVID-19 will not be counted.
Martinez & Caballero Abogados
