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Validity of Foreigners Cards/Family members of EU citizens and Various Visa extension Information

Posted in: coronavirus, Family, Government, Residency,
Author: Myra Cecilia Azzopardi
Tags: , , , ,

Measures Brought in Due to the State of Alert

Article 1 Extension of temporary residence and/or work and stay authorisations

1. The temporary residence and/or work authorisations and the stay authorisations for studies, student mobility, non-labour practices or volunteer services provided for in the immigration regulations, whose validity expires during the validity of the state of alarm and its successive extensions or have expired in the ninety calendar days prior to the date on which it was decreed, will be automatically extended, without the need to issue an individual resolution by the Immigration Office (Extranjeria).

2. The automatic extension will begin the day after the expiration of the authorisation and will last until six months have elapsed from the end of the alarm status.

3. This automatic extension will apply to the authorisations referred to in section 1, regardless of whether requests for renewal, extension or modification had been submitted prior to the entry into force of this order, as long as they have not been resolved. Said extension will be without effect when the resolution that falls in the initiated procedure is more favourable for the interested party.

4. The automatic extension included in this article will not be applied to the training stays of foreigners, regulated in article 30 of Royal Decree 183/2008, of February 8 , by which the specialties in Sciences of the Health and certain aspects of the specialised health training system are developed.

5. The validity of the foreigner identity cards granted and issued by virtue of the authorisations listed in section 1 of this article and whose validity would have expired during the state of alarm, as well as in the ninety calendar days prior to the date in that was decreed, will be automatically extended for the same period as the authorisations.

6. The renewal, extension or modification of the authorisation that has been extended in accordance with the provisions of this article shall be governed, in terms of procedure, requirements, effects and duration, by the provisions of applicable regulations depending on of the type of authorisation that has been extended. The corresponding applications may be submitted at any time during the validity of the extension or up to ninety calendar days after the end date of its validity, without prejudice to the sanction corresponding to the delay. In any case, if the latter request is favourable, the beginning of the term corresponding to the new authorisation will be carried over to the day following the expiration of the extended authorisation.

Article 2 Extension of the family cards of a citizen of the Union

Will be automatically extended during the validity of the state of alarm and up to a period of six months from the end of this, the validity of the family cards of a citizen of the Union whose validity would have expired during the state of alarm or in the ninety calendar days prior to the date on which it was decreed.

Article 3 Extension of foreign identity cards granted on the basis of long-term residence

Will be automatically extended during the validity of the state of alarm and up to a period of six months from the end of this, the validity of foreign identity cards granted based on a long-term residence whose validity would have expired during the state of alarm or in the ninety calendar days prior to the date it was decreed.

Article 4 Extension of stays of up to ninety days

1. Those people who are in Spain, with permission to stay for a period not exceeding ninety days, that has expired during the validity of the state of alarm, will see their stay automatically extended for a period of three months.

2. This validity will be limited to Spanish territory.

3. The extended period will be taken into account for the purposes of calculating the maximum authorised time for future stays.

Article 5 Extension of long-stay visas

The validity of long-term visas issued under a Youth Mobility Agreement, as well as study stay visas of up to one hundred and eighty days, the validity of which expires during the period of the alarm state, will be extended for a period three months from the end of the state of alarm, provided that the holder is in Spain and has not been able to return to his country of origin.

Article 6 Entry into Spain of third-country nationals.

Holders of an authorisation, a family card of a citizen of the Union, a foreigner’s identity card granted on the basis of an extended long-term residence or long-term investor visas and entrepreneurs

1. Holders of authorisations included in Article 1, as well as holders of a family card of a citizen of the Union or a foreigner’s identity card granted on the basis of an extended long-term residence who are abroad They may enter Spain with the presentation of their valid travel document (passport/ID) and the expired alien identity card.

2. Holders of long-term visas issued under Law 14/2013, of September 27, supporting entrepreneurs and their internationalisation , the validity of which expires while the state of alarm is in force and who are abroad, will be able to enter Spain with the presentation of their valid and valid travel document and the expired visa.

Article 7 Absences from Spanish territory

For the purposes of considering the continuity of residence accredited, absences from Spanish territory as a consequence of the impossibility of returning to Spain by COVID-19 will not be computed.

Article 8 Resource regime

Against this order, a contentious-administrative appeal may be filed within two months from the day following its publication before the Contentious-Administrative Chamber of the Supreme Court, in accordance with the provisions of article 12 of the Law 29/1998, of July 13, regulating the Contentious-Administrative Jurisdiction .

Article 9 Effects

This order will take full effect from the day of its publication in the “Official State Gazette”.
May 18, 2020.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.

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