Expiry of student visa
The Aliens Act states that any foreigner in Spain should have a visa or residence that is valid. If a student’s residence expires and he/she does not renew it in time, he/she is considered to be illegal in Spain.
Because of the complexity of the immigration process, which usually takes several months, the law stipulates that during the period of student permit renewal, the validity period is automatically extended until the new visa is approved.
As you know, you can apply for a student residence renewal 60 days before or 90 days after the expiration date. As long as you apply within this period, your stay will be automatically extended.
Can I return to my country if my student visa has expired?
If you are in the process of replacing your student residency, then it is automatically extended. In this case, you can apply for a “Come Back permit” (autorizacion de regreso , re-entry permit) and return to your home country normally. If you have a “Come Back permit”, you can return to Spain even if your permit has expired.
Will I be blacklisted if I return to my country after my study permit expires?
If you are graduated, want to return to home country and have no intention of renewing your student visa, you should return to your home country before your visa expires.
Otherwise, if you do not extend your visa after expiration, you are considered to be illegal in Spain. In this regard, article 57 of the Aliens Act states that a foreigner who stays in Spain illegally may be expelled from the country. In this situation, even if you return to your home country by yourself (without being deported), you will also be blacklisted.
Being blacklisted menas you will not be able to return to Spain (and other Schengen country) for a certain period of time. The period of prohibition of entry is generally 3 years, but it can also be 5 years, depending on the circumstances. In the maximum case, it can be 10 years.
Beyond this period, people can come back to Spain once again.
Will I be blacklisted If a leave Spain within 90 days after expiration?
Theoretically, yes. This is because, by default, the residence should be renewed before it expires. The law takes into account the fact that it takes time to prepare the documents, so it is additionally allowed to renwew the student visa after 90 days. Not renewing your residence before the expiration date is already sanctionable. If you return to your country in this case, you will have the risk of being blacklisted.
It is important to note that if you are blacklisted by Spain, you will not be able to enter any country in the Schengen area. The Schengen area is unified with the external customs, and a ban on entry once enforced by Spain also means that you cannot go to other Schengen countries.
