Can I re-enter Spain with a pending residence permit without an autorizacion de regreso?

Question about the autorizacion de regreso

Is it possible for me to re-enter Spain from the Philippines just by showing proof that my residence permit is in the process of approval? Do i really need an autorizacion de regreso? Or do I need to re-do the visa process?

Answers

These are the answers of some Facebook group members:

”Oooff your problem is not even gonna be with Spanish Immigration, I think you can convince them in a way… but with Philippines immigration that’s gonna be tough”

”Honestly, the problem is going to be on the Philippine side. You don’t even have a autorizacion de regreso so it might be realllly difficult. But again, trust the lawyer on this. The regreso is the document that tells the Spanish border control that you have an expired TIE which is under renewal and that Spain is allowing you to enter the Spanish territory since you have a pending permit within. Hence, why you have to give your passport AND regreso upon entering Spain”

”Do you already hold a tarjeta comunitaria prior to leaving Spain or is this the first time you are applying for a tarjeta comunitaria? I ask because even if you would have had a chance to get the authorization de regreso the extranjeria wouldn’t have given it to you as waiting for a resolution while switching residency types is not covered in authorization de regreso which could make it harder for you to enter Spain/leave the Philippines without a visa”

”I had the same concern before (my TIE was still in process and I needed to go back to PH). I consulted a friend who works as an IO in PH and she said that they are not familiar with autorizacion de regreso and I might have difficulty explaining it upon my exit. She personally advised me to wait for the actual tarjeta so that I won’t have any issues exiting PH. In this case, I think you need another tourist visa because they only recognize visa or permanent residency card”

”PH immigration will block you and then the airline will refuse to board you. If your partner is an EU citizen you can easily obtain a Schengen visa in Makati. If he is Spanish it’s a bit more complicated but should still be possible. You should email the consulate and ask for their suggestion”

”If you are traveling with your partner shouldn’t be an issue either on pH side or Spain. Just showing Spain receipt of your apication is enough and this should be good for oh too”

”Need to get a visa again!! you were not supposed have left Spain while processing your papers”

”As others have said, your problem will be on the Philippine side: the airline may not let you check in & Philippine Immigration may not let you through. Proof that approval process is pending is not the same as an approval. The Philippine Immigration can still argue that you may not be allowed into Spain since you don’t have an approval yet. Best to apply for another visa, maybe a tourist visa, from the Spanish consulate”

”A lot of US citizens do this because we don’t need visas to enter Spain as a tourist. If your country requires a tourist or similar visa to enter the country at all, you’re most likely going to need one to enter now. I know of a case where someone was forced to get a new visa entirely because her autorización de regreso expired due to a hurricane. Not having an autorización in the first place means you’d just be wasting your money even trying to book a ticket”

”Pretend like it’s an auditor and don’t offer any papers or information unless they specifically ask you”

”I agree with the others—the likelihood of you encountering a problem is much higher upon leaving the Philippines than upon arriving to Spain. A few years ago, immigration at NAIA didn’t let me through even if I had a regreso, simply because they didn’t know what it was/how to validate it. Thankfully, I arrived early and was able to resolve it 15 minutes before boarding closed. My advice: fly during Spanish embassy working hours so you can contact them if necessary (start a paper trail over email already regarding your situation so you have something to refer back to), arrive at the airport 3+ hours prior, and prepare as much proof of your residency in Spain as you can”

In conclusion, according to Spainguru Facebook group members, without an “autorizacion de regreso,” which acts as a temporary permit during the renewal of a residence card, there could be significant challenges departing the Philippines. Some suggest that the safest approach is to wait for the actual residence card or to apply for another visa, such as a tourist visa, before attempting to re-enter Spain. The knowledge and familiarity of Philippine immigration officers with Spain’s “autorizacion de regreso” vary, so it’s advisable to be prepared with all documentation and possibly even consider flying during the working hours of the Spanish embassy for any urgent communications.