Extension of temporary residence and/or work permits and residence authorizations

Due to the rapid evolution of the public health emergency caused by COVID-19, both nationally and internationally, the Government, under the provisions of article four, paragraphs b) and d), of Organic Law 4/1981, of June 1, 1981, on states of alarm, exception and siege, declared, by Royal Decree 463/2020, of March 14, 1981, a state of alarm throughout the national territory in order to deal with the health crisis, exception and siege, declared, by means of Royal Decree 463/2020, of March 14, the state of alarm in the whole national territory in order to face the health crisis, which has been extended four times, the last one on the occasion of Royal Decree 514/2020, of May 8, until 00:00 a.m. on May 24:00 hours on May 24, 2020, in the terms expressed in said norm.

Article 4.2.d) of the aforementioned Royal Decree 463/2020, of March 14, determines that, for the exercise of the functions provided for therein and under the superior direction of the President of the Government, the Minister of Health shall have the status of delegated competent authority, both in his own area of responsibility and in the other areas that do not fall within the specific scope of competence of the other Ministers designated as delegated competent authority for the purposes of this Royal Decree.

Specifically, in accordance with the provisions of article 4.3 of Royal Decree 463/2020, of March 14, the Minister of Health is empowered to issue the orders, resolutions, provisions and interpretative instructions which, within his scope of action as delegated authority, are necessary to guarantee the provision of all services, ordinary or extraordinary, in order to protect persons, goods and places, by means of the adoption of any of the measures provided for in article eleven of Organic Law 4/1981, of June 1.

Royal Decree 463/2020, of March 14, establishes in its third additional provision the suspension of the administrative deadlines and in its fourth additional provision the suspension of the statute of limitations and expiration periods.

As is well known, the immigration regulations impose on foreigners the obligation to renew their residence and/or work authorization when it is temporary. Likewise, it is required to request the extension of the authorization of stay for studies, student exchanges, non-work internships or volunteer services.

This renewal, in accordance with the provisions of the Regulations of Organic Law 4/2000, on the rights and freedoms of foreigners in Spain and their social integration, after its reform by Organic Law 2/2009, approved by Royal Decree 557/2011, of April 20, and of Law 14/2013, of September 27, to support entrepreneurs and their internationalization, must be requested during the sixty calendar days prior to the expiration date of its validity, as well as within ninety calendar days after the date on which the validity of the previous authorization would have ended.

The impossibility of submitting applications for the renewal of residence and/or work permits is generating great legal uncertainty both for foreigners in Spain and for employers and other social and economic operators. This fact has also been highlighted by civil society and social agents.

In order to provide the necessary legal certainty required in this extraordinary situation and to avoid that, once the state of alarm is lifted, foreigners may find themselves in a situation of supervening irregularity, it is necessary to automatically extend all those authorizations that expire during the state of alarm, as well as those that expired in the three months prior to its declaration. Said automatic extension will take effect as from the day following the expiration of the authorization and will be extended for the six months following the end of the state of alarm.

Similarly, it is necessary to extend, for the same period, the validity of the cards of family members of citizens of the Union and the foreigner's identity cards granted on the basis of long-term residence.

On the other hand, and with the same objective of reinforcing legal certainty, certain aspects are regulated relating to the extension of stay situations and certain long-stay visas which are automatically extended, in these cases, for a period of three months after the end of the state of alarm. With regard to long-stay visas, the extension is provided for those issued under a youth mobility agreement which, in general, cannot be extended since there is a duty to return to the country of origin after the expiration of the year of validity of the agreement. The duration of the automatic extension will be extended for the three months following the end of the state of alarm so that, once the border closures adopted by COVID-19 are lifted, they can return to their countries and are not, in the meantime, in a situation of irregularity in the country.

The situation of foreigners residing in Spain who are not in the national territory and whose stay or residence authorizations or long term visas expire during the state of alarm is also regulated. To this end, they are allowed to enter Spain with their travel document valid for such purposes and the Foreigner's Identity Card or expired visa.

Finally, it is foreseen that absences from Spanish territory caused by the COVID-19 situation will not be taken into account for the purposes of calculating the continuity of residence, in order to prevent the impossibility of returning to Spain due to the closure of land and air borders from negatively affecting their regular status in the country.

With these measures, progress is being made in the protection of foreigners residing in Spain in order to prevent the COVID-19 crisis from having repercussions on their regular status in the country.

The Minister of Health is responsible for the adoption of this order, in accordance with the provisions of article 4.3 of Royal Decree 463/2020, of March 14.

By virtue thereof, I hereby rule:

Article 1. Extension of the temporary residence and/or work authorizations and of the residence authorizations.

1.Temporary residence and/or work authorizations and authorizations of stay for studies, student mobility, non-work practices or volunteer services provided for in the regulations on aliens, whose validity expires during the state of alarm and its successive extensions or has expired in the ninety calendar days prior to the date on which it was decreed, shall be automatically extended, without the need to issue an individual resolution for each of them by the Aliens Office.

2.The automatic extension shall begin on the day following the expiration of the authorization and shall be extended until six months have elapsed since the end of the state of alarm.

3.This automatic extension shall be applicable to the authorizations referred to in paragraph 1, regardless of whether applications for renewal, extension or modification have been submitted prior to the entry into force of this Order, provided that they have not been expressly resolved. Said extension shall be without effect when the resolution of the procedure initiated is more favorable to the interested party.

4.The automatic extension contained in this article will not be applicable to the training stays of foreigners, regulated in article 30 of Royal Decree 183/2008, of February 8, by which the specialties in Health Sciences are determined and classified and certain aspects of the specialized health training system are developed.

5.The validity of the alien identity cards granted and issued by virtue of the authorizations listed in paragraph 1 of this article and whose validity had expired during the state of alarm, as well as in the ninety calendar days prior to the date on which it was decreed, shall be automatically extended for the same period as the authorizations.

6.The renewal, extension or modification of the authorization that has been extended in accordance with the provisions of this article shall be governed, as regards the procedure, requirements, effects and duration, by the provisions of the applicable regulations according to the type of authorization that has been extended. The corresponding applications may be submitted at any time during the term of the extension or up to ninety calendar days after the date of expiration of its term, without prejudice to the penalty corresponding to the delay. In any case, if the latter request is favorable, the beginning of the validity corresponding to the new authorization will be backdated to the day following the expiration date of the extended authorization.

Article 2. Extension of the extension of the cards of family members of citizens of the Union.

The validity of the cards of family members of Union citizens whose validity had expired during the state of alarm or in the ninety calendar days prior to the date on which the state of alarm was declared shall be automatically extended for the duration of the state of alarm and for a period of six months from the end of the state of alarm.

Article 3. Extension of alien identity cards granted on the basis of long-term residence.

The validity of alien identity cards granted on the basis of a long-term residence that expired during the state of alarm or in the ninety calendar days prior to the date on which the state of alarm was declared is automatically extended for the duration of the state of alarm and for a period of six months from the end of the state of alarm.

Article 4. Extension of stays of up to ninety days.

Those persons who are in Spain in a situation of stay, for a period not exceeding ninety days, which has expired during the validity of the state of alarm, shall have their stay automatically extended for a period of three months.

2.This validity shall be limited to the Spanish territory.

3.The extended period shall be taken into account for the purpose of calculating the maximum authorized time for future stays.

Article 5. Extension of long-stay visas.

The validity of long-stay visas issued under a Youth Mobility Agreement, as well as visas for study purposes of up to 180 days whose validity expires during the state of alarm, will be extended for a period of three months from the end of the state of alarm, provided that the holder is in Spain and has not been able to return to his or her country of origin.

Entry into Spain of third-country nationals, holders of an authorization, a Union citizen's family card, a foreigner's identity card granted on the basis of an extended long-term residence or long-term visas for investors and entrepreneurs.

1.Holders of authorizations included in Article 1, as well as holders of a Union citizen's family card or a foreigner's identity card granted on the basis of an extended long-term residence who are abroad may enter Spain upon presentation of their valid and in force travel document and the expired foreigner's identity card.

2.Holders of long-stay visas issued under Law 14/2013, of 27 September, to support entrepreneurs and their internationalization, whose validity expires while the state of alarm is in force and who are abroad may enter Spain with the presentation of their valid and in force travel document and the expired visa.

Article 7. Absences from Spanish territory.

For the purposes of considering continuity of residence as accredited, absences from Spanish territory as a result of the impossibility of returning to Spain due to COVID-19 will not be counted.

Article 8.

A contentious-administrative appeal may be filed against this order within two months from the day following its publication before the Contentious-Administrative Chamber of the Supreme Court, in accordance with the provisions of Article 12 of Law 29/1998, of July 13, 1998, regulating the Contentious-Administrative Jurisdiction.

Article 9. Effects.

The present order will take full effect from the date of its publication in the "Official Gazette of the State".

Madrid, May 18, 2020.-The Minister of Health, Salvador Illa Roca.