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Home Community answers Pareja de Hecho: Overstayed and left Spain, am I screwed?

Pareja de Hecho: Overstayed and left Spain, am I screwed?

Last Updated on February 10, 2024 by Bruno Bianchi

Question

I left Spain whilst my TIE renewal was en tramite for Arraigo Familiar (Pareja de Hecho with Spanish partner but I left alone). The boarder guard took pictures of my passport, they asked me whether I plan on returning to Spain.

Now for other countries you are informed if you have an entry ban plus receive a specific stamp. I’m pretty sure I’ve received an entry ban but I guess I’m looking for confirmation if anyone knows specifics and how to appeal on grounds of being a family member of an Spanish citizen.

🇮🇸

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Answers

These are the answers of some Facebook group members:

”The time for an entry ban (if that’s what they choose) is when you try to re-enter, not when you leave. You are perhaps in an irregular situation, but you are also in a good position to avoid a ban, I’d say.”

”I thought there is an exception for being family member of eu citizen”

“The Schengen Information System (SIS II) is a critical tool for security cooperation across 30 European countries, enabling authorities to share alerts on individuals and objects. A key feature of SIS II is the empowerment of individuals to access, correct, or delete their personal data within the system. This ensures transparency and data protection compliance, overseen by national and European data protection authorities. For more information on accessing personal data in SIS II, visit AEPD.”

Conclusion

In conclusion, according to Spainguru Facebook group members, leaving Spain during your TIE renewal process for Arraigo Familiar may not trigger an immediate entry ban; typically, bans occur upon re-entry.

Being a family member of a Spanish citizen might offer exceptions, but navigating this situation would benefit from legal advice tailored to your circumstances and the intricacies of immigration law.

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author avatar
Bruno Bianchi CEO & Spain Immigration Expert
Bruno Bianchi is the founder and CEO of Spainguru, Spain's largest expat immigration community with 150,000+ members. Since 2014 he has helped thousands of people relocate to Spain through expert guides, webinars and vetted professional services covering visas, residency, taxes and life in Spain.