Question
My daughter holds a US passport but was born in Spain. Her application has been submitted to join our non lucrative Spain visa but she hasn’t been approved yet.
We had planned a trip back to the US, but she was denied a regreso. Apparently they only grant after renewal applications but not on the first application.
Note: She’s also 4 months old, so she’s been in Spain for over 90 days…
Question: should I postpone the trip or do you think they will let her back into the EU (flying though Germany) with the receipt of the application to join our visas and because my partner, son, and I all have residency cards? I could also bring her Libro de familia and Spanish birth certificate…
Answers
These are the answers of some Facebook group members:
”My opinion: you’ll have no trouble getting though with the documents you have for her, and since everyone else has their residency cards. Since your daughter is 4 months old, you can say her card is still being processed. In December we flew to the US and in January we flew back to Spain. My wife’s TIE was not ready by the time we were flying but I had mine and the kids had theirs. We just showed the receipt for my wife’s toma de huellas and they let us through, no questions asked”
”Through Germany on the way to the US. They are notoriously tough for immigration but we had zero problems. This was the first time flying with our residency cards. I handed the passports to the agent and he said “You’ve been in the Schengen Area for 6 months”. Then I handed him the TIE’s. I didn’t know the protocol. Seems better to give them passports and TIE’s together. They sent us through without any other questions. On the way back to Spain we flew through Portugal. I handed over the passports and TIE’s at immigration. The agent said “Where is the fourth card?” I said we hadn’t received it yet but here is the approval letter. They sent us through without any other questions”
”I’m pretty interested in this since I am facing a similar situation with my wife. I am currently in the process of waiting to apply for citizenship—I have recently become autonomo. My wife will apply for her visa once I officially get my residency. However, we need to fly back to the US at the end of September (by way of Switzerland), and then return the same way at the beginning of October. I’m not confident that she will have her visa by then, but I am relatively confident that she will at least have applied. When you travelled with your wife did they essentially scan her passport and flag it. Then as a response, you just showed the paperwork showing that the visa was in process?”
”If her papers are not 100% in order, AVOID Germany. They are very very very strict when it comes to documentation there. Even with a regreso I’ve gotten a hard time in Germany. Also, know that you may have problems boarding the plane in the USA. They will deny boarding if they have any doubts you will be denied entry at immigration. I’ve gotten called to the desk and asked for all my documents. Even with a regreso I had to make a stink at the airport (LAX) once”
”As a US passport holder, I wouldn’t worry. She can enter as a “tourist”. Keep boarding passes and everything until you have her fully registered. She can apply for Spanish citizenship after her first birthday – you may already know this. How cool”
”She is just 4 months baby!! So why she needs a visa or residency permit????? She must be together with you ( parents)!! This is not a law thing, this is the basic human right. When she enters Spain, she has no visa, and Spain rejects her and deports her to the USA alone. I am also wondering if she can have her own passport or other documents by herself. She is a part of you. Not separate until she gets old enough”
In conclusion, according to Spainguru Facebook group members, some members believe the daughter will be allowed into the EU with the application receipt and the family’s residency cards. Others caution about potential difficulties in Germany and during boarding in the USA. One member questions the necessity of a visa for a 4-month-old baby. It’s advisable to consult authorities or immigration experts for accurate guidance.
