# Waiting for TIE but have a valid tourist visa - autorizacion de regreso needed?



## eevee (10 mo ago)

Hi everyone! First post here but have a quick question - I entered the country on a tourist visa and eventually procured an EU family member residence card since I'm married to an EU national. I've received a positive resolution, already have the NIE confirmed, and have gone to the fingerprint appointment, but I'm literally just waiting for the physical card to be ready for me to pick up.

That said, I have an upcoming trip to the US in two weeks (I have a green card) and need to return for work (I still work remotely for a US company even though I live in Spain now) + medical reasons. Do I need to get an autorizacion de regreso if I have a tourist visa that's valid for five more years?

In the future, once I have the physical TIE, I will always enter the country using that at passport control, but for now, am I okay to enter and show my tourist visa at immigration in the airport? Just curious if having done my biometrics appointment makes a difference. I'll be gone for three weeks and by the time I leave the country again, I'll have the TIE with me.

If I do need autorizacion de regreso, what supporting documents should I show that validate my need to leave the country?

Thanks in advanced!


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## timwip (Feb 27, 2017)

eevee said:


> Hi everyone! First post here but have a quick question - I entered the country on a tourist visa and eventually procured an EU family member residence card since I'm married to an EU national. I've received a positive resolution, already have the NIE confirmed, and have gone to the fingerprint appointment, but I'm literally just waiting for the physical card to be ready for me to pick up.
> 
> That said, I have an upcoming trip to the US in two weeks (I have a green card) and need to return for work (I still work remotely for a US company even though I live in Spain now) + medical reasons. Do I need to get an autorizacion de regreso if I have a tourist visa that's valid for five more years?
> 
> ...


You mention that you have "a tourist visa that's valid for five more years". I am not aware of any tourist visa that has a duration of 5 years. The only one I am aware of is the Schengen Tourist Visa which allows you to stay 90 of each 180 days. A few years ago, I was in the exact position as you with my Schengen Tourist Visa. As long as when you return you are in compliance with your tourist visa (in my case 90 of 180), you can re-enter without the autorizacion de regreso. If you would be in violation of your tourist visa, you would need an autorizacion de regreso. From what I have heard, it is very hard to get the autorizacion de regreso since the bureaucratic process takes longer than you would likely need it in. You must physical have your TIE in order to enjoy the rights of free entry.


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## eevee (10 mo ago)

timwip said:


> You mention that you have "a tourist visa that's valid for five more years". I am not aware of any tourist visa that has a duration of 5 years. The only one I am aware of is the Schengen Tourist Visa which allows you to stay 90 of each 180 days. A few years ago, I was in the exact position as you with my Schengen Tourist Visa. As long as when you return you are in compliance with your tourist visa (in my case 90 of 180), you can re-enter without the autorizacion de regreso. If you would be in violation of your tourist visa, you would need an autorizacion de regreso. From what I have heard, it is very hard to get the autorizacion de regreso since the bureaucratic process takes longer than you would likely need it in. You must physical have your TIE in order to enjoy the rights of free entry.


Thanks so much for the response! You're right - I totally spaced on that one. I just checked and my tourist visa has a total validity of three years and expires a little over two years from now. I have been using it to enter the country but that was before I received my NIE and did the appointment for huellas.

This is my past travel to Spain in the last several months:

12 to 24 September: 12 days
18 to 22 November: 5 days
3 to 7 January: 5 days
12 February to the day I will be traveling (2 April)
*Total: 60 days in the Schengen area & 30 days left *(the above list of trips & dates spans *202 days*)
*180 days ago prior to 2 April (upcoming departure from Spain): 4 October*

After removing the above trip from September since it's no longer in the past 180 days from the above date: *48 days in the Schengen area and 42 left*
*180 days prior to 24 April (the day I will return to Spain): 26 October*

After removing the above trip from September since it's no longer in the past 180 days from the above date: *48 days in the Schengen area and 42 left*
So based on what you said, given that I have 42 days left to enter the Schengen area as a tourist on a valid multiple entry visa before my TIE is ready for pick up, I should not need to get autorizacion de regreso, correct?

I was concerned about whether I would experience difficulties of any kind at border control having now done biometrics & fingerprints as a Spanish resident and if that would alert immigration authorities that I was entering on a visa other than my residency.


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## timwip (Feb 27, 2017)

Based upon what you said, you will have no problem entering Spain on your tourist visa. Until you pick up your TIE card, it is not valid. Based upon what you said, your TIE will be good for five years. The TIE card will have an expiration date on it. When I counted back five years, the effective date was before I had even applied for the TIE!!!! Strange.


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## Overandout (Nov 10, 2012)

I left Spain last Christmas without my TIE card (it was lost) and I was told that I would need an autorización de regreso to get back in, but there were no appointments available in my province or CA so I couldn't get one.
I asked if I could enter on a tourist visa and then collect my TIE and the answer was yes, you can enter on the tourist visa, but you will have to leave within 90 days (to comply with the tourist visa limit), and then re-enter with the TIE.
I haven't done that (and don't intend to as I am not convinced that it is the correct advice) and am about to "overstay" on my tourist visa, but it is what I was told so it is worth knowing, if only to judge the risk.


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## eevee (10 mo ago)

timwip said:


> Based upon what you said, you will have no problem entering Spain on your tourist visa. Until you pick up your TIE card, it is not valid. Based upon what you said, your TIE will be good for five years. The TIE card will have an expiration date on it. When I counted back five years, the effective date was before I had even applied for the TIE!!!! Strange.


Thanks so much for your advice! My TIE expires February 2027 just as you said.


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## eevee (10 mo ago)

Overandout said:


> I left Spain last Christmas without my TIE card (it was lost) and I was told that I would need an autorización de regreso to get back in, but there were no appointments available in my province or CA so I couldn't get one.
> I asked if I could enter on a tourist visa and then collect my TIE and the answer was yes, you can enter on the tourist visa, but you will have to leave within 90 days (to comply with the tourist visa limit), and then re-enter with the TIE.
> I haven't done that (and don't intend to as I am not convinced that it is the correct advice) and am about to "overstay" on my tourist visa, but it is what I was told so it is worth knowing, if only to judge the risk.


Thanks so much for your response! That's a relief to know I can leave without it as long as I have a valid tourist visa. I'll be leaving a month later, so within 90 days, and will be gone for a week but will have my TIE by then so will be able to re-enter as a resident that time around.

P.S. My lawyer told me that it was fine to overstay the 90 days as long as I had a TIE pending and that all would be well once I received my card, but not to surpass 90 days and then leave without it, so I think you're fine to overstay as long as you have your TIE by the time you travel next.


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## Overandout (Nov 10, 2012)

eevee said:


> Thanks so much for your response! That's a relief to know I can leave without it as long as I have a valid tourist visa. I'll be leaving a month later, so within 90 days, and will be gone for a week but will have my TIE by then so will be able to re-enter as a resident that time around.
> 
> P.S. My lawyer told me that it was fine to overstay the 90 days as long as I had a TIE pending and that all would be well once I received my card, but not to surpass 90 days and then leave without it, so I think you're fine to overstay as long as you have your TIE by the time you travel next.


Thanks for that, I am "my own lawyer" and came to the same conclusion as yours did, i.e. next time I pass control I show the new TIE (issued before the 90 day tourist visa stay expired) and the situation should be resolved, but its nice to know that professionals reach that conclusion also!

Good luck!


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## eevee (10 mo ago)

Overandout said:


> Thanks for that, I am "my own lawyer" and came to the same conclusion as yours did, i.e. next time I pass control I show the new TIE (issued before the 90 day tourist visa stay expired) and the situation should be resolved, but its nice to know that professionals reach that conclusion also!
> 
> Good luck!


Thank you! Good luck to you as well though it seems like we are both fine & totally in the clear


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