Can I get a regreso while I am processing a Spain student visa modification?

By
Bruno Bianchi
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Question

I’m modifying Spain student visa to cuenta propia, is it true I won’t be able to leave Spain while it is processing? I’ve seen it’s been taking up to 6 months and I would like to go home to the US for the summer. Are there any loopholes? For context I will be able to renew my student visa for next year.

Answers

These are the answers of some Facebook group members:

“You just have to get an “autorización de regreso” and you can leave. However, it’s not super clear that for modifications you can get one.. I got one with no problem when I did the modification process. Just explain you have to leave because of whatever reason and it shouldn’t be an issue.”

“Getting a regreso really depends on the Extranjería office or worker, too. For my Extranjería I heard one person say they were only able to get a regreso in an extremely, extremely extenuating circumstance.”

“If it’s processing you can’t (it’s in the hoja informativa; it’s actually very clear). You can only apply for the regreso AFTER your modification is approved and you’ve already done your fingerprinting for the TIE. But again like everything in Spain, you can just try your luck. #shrugs Source: I was in the same situation last year.”

“The loophole is you just get your regreso and go. Check with your extranjería if they are going to accept that you have a modification AND a prórroga in the system. Because in some extranjerías they will cancel out one if you have another.”

“My lawyer advised me not to try it…”

“No, you can leave Spain and renter but as a tourist, you won’t get regresso until residency is approved if your Tie card has expired. If tie card is still valid you won’t need a regreso or enter as a tourist.”

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