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Automatic extension of residence and work permits

Automatic extension of residence and work permits

Order SND/421/2020 of May 18 has been published, which automatically extends the residence and work permits of foreigners in Spain.

Automatic extension of residence and work permits

The extension occurs from the day following the expiry of the permit until six months after the end of the State of Emergency, taking into account that the extension of the State of Emergency has been approved in Congress for an additional 15 days, until June 7.

This measure will be applied regardless of whether requests for renewal, extension or modification have been submitted prior to the entry into force of the aforementioned Order, as long as they have not been expressly resolved, and unless the resolution of the procedure was more favorable for the party concerned, in which case this automatic extension will be without effect.

Providing legal certainty

The immigration regulations impose on foreigners the obligation to renew their residence and/or work permit when it is temporary. However, due to the exceptional situation we are experiencing, it is impossible to submit applications for the renewal of residence and/or work permits, which generates great legal uncertainty for both foreigners who are in Spain, and for employers and other social and economic operators.

This extension is intended to avoid many foreigners finding themselves in an unexpected situation of irregularity, with the consequences that this entails, once the State of Emergency is lifted.

Likewise, the validity of family cards of European Union citizens and identity cards of foreigners that were granted based on long-term residence has been extended.

Other extensions granted: long-term stays and visas

Furthermore, and with the same aim of reinforcing legal certainty, specific aspects related to the extension of stays and certain long-term visas that are automatically extended have been regulated, in these cases, for a period of three months after the end of the State of Emergency.

Protection of foreigners residing in Spain

To prevent the COVID-19 crisis from having repercussions on their regular status in the country, foreigners residing in Spain who are not in the national territory and whose permits to stay or reside, or long-term visas expire during the State of Emergency can enter Spain with their valid travel document and their expired Identity Card for Foreigners or expired visa.

Finally, absences from Spanish territory caused by COVID-19 will not count against the continuity of residence, so that the impossibility of returning to Spain due to the closure of borders will not damage their regular status in the country.

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