Order SND / 421/2020, of May 18, by which measures are adopted relating to the extension of authorizations to stay and reside and/or work and to other situations of foreigners in Spain, in application of Royal Decree 463/2020 , of March 14, declaring the state of alarm for the management of the health crisis situation caused by COVID-19.
The Spanish government has finally established and clarified the situation of foreigners in Spain with regard to residence permits, visas and expired stays. With this measure, legal security is granted and those affected are prevented from finding themselves in a supervening irregularity with a complicated solution.
In the next article we talk about this announcement:
Although it is true that RD 463/2020, of March 14, already established the suspension of administrative deadlines, prescription and expiration, to date the situation of many foreigners whose authorization or Visa expired during this extraordinary situation caused by COVID-19.
The order establishes that the residence and/or work authorizations, the stay authorizations for studies, mobility, internships or volunteering, the family cards of a citizen of the union and the long-term residence authorizations that have expired during the validity of the alarm status or have expired in the 90 calendar days prior to their declaration (of the alarm status) will be automatically extended. The extension begins the day after the expiration and lasts up to 6 months from the end of the alarm state.
Section 6 of Article 1 establishes that renewal applications may be requested at any time within 6 months or up to 90 calendar days after the expiration date, without prejudice to the initiation of a sanction file for the delay in filing.
The order also regulates the expiration of short-stay visas (not exceeding 90 days) and establishes that their duration is automatically extended for a period of 3 months.
However, even if they are Schengen visas, the validity only applies to Spanish territory and this extension will be computed to calculate the maximum authorized time for future stays or requests for these visas.
The youth mobility agreements and study stay visas of up to 180 days duration are also extended for a period of 3 months, provided that the holder is in Spain and has not been able to return to their country of origin.
Another very important point to keep in mind is the entry of third-country nationals whose documentation or authorization has expired while abroad. Specifically, the order establishes that the holders of an authorization, a family card of a citizen of the Union, a long-term foreigner card or long-term visas for investors and entrepreneurs may enter Spain even with the card or visa expired. Travel documentation (passport) is required to be current.
Finally, absences from Spanish territory caused by the impossibility of returning to the country will not count when requesting renewals of authorizations or first requests for long-term authorizations.
If you have any doubt, do not hesitate to contact us, we will be very pleased to help you.
Zahra Maaroufi, lawyer specialist in residency permit in Orience International