One of the most common questions we receive in our office is:
“Can I leave Spain while I’m waiting for my residence permit to be approved?”
The answer depends on which stage of the process you are in and what type of residence authorization you have applied for.
Traveling while your initial residence application is being processed
If you have submitted an application for your first residence authorization (residencia inicial), it is not recommended to leave Spain until you receive a decision and obtain your Foreigners’ Identity Card (TIE).
If you leave the country without a valid visa or TIE card, it may be considered that you have exceeded your permitted stay in the Schengen Area, which can cause serious problems upon your return – including denied entry at the border, financial penalties, or even a temporary entry ban to the Schengen zone.
However, travel is possible if you do not breach the 90/180-day Schengen rule, which allows a stay of up to 90 days within any 180-day period. In other words, if your total stay in the Schengen Area (including your time in Spain) does not exceed 90 days within the last 180 days, you would not be violating Schengen regulations.
Traveling while renewing your residence permit
If you already hold a valid residence permit and are currently waiting for its renewal (renovación), the situation is more favorable. In this case, you can only travel if you have your passport, the resguardo de presentación (proof of application), and the autorización de regreso (return authorization).
These documents prove that you have submitted your renewal request on time and that you already had a legal residence status in Spain.
The resguardo confirms that your legal status remains valid while your renewal is being processed, even if your old TIE card has technically expired. The autorización de regreso, on the other hand, is mandatory for travel outside the European Union, as it acts as a temporary re-entry permit allowing you to return to Spain legally without issues at the border.
Autorización de regreso: when and how to apply
If you plan to travel outside the European Union, it is essential to request the autorización de regreso – the authorization to return to Spain, before your trip. This document allows you to re-enter Spain without problems, even if you have not yet received your renewed TIE card.
The authorization must be requested at the Police Station (Comisaría de Policía) responsible for your place of residence. It is advisable to apply 10 to 15 days before your trip, as the document is valid only for a limited time.
You will need to present your passport, your proof of renewal application (resguardo), and evidence of travel, such as a flight ticket or confirmed reservation.
This procedure ensures that upon your return to Spain, you will not face any issues at border control and that your administrative status remains fully valid.
At XLegalZ Extranjería, we guide our clients through every step of their residence procedures. If you are unsure about your current situation, plan to travel, or need help obtaining your autorización de regreso, contact us for personalized legal assistance.
We help you do things right, from the very first step.
