I’ve seen some similar situations on here, but mine’s a little different. Does anybody know what to do in this case?

I’m an American student and have been here for 3 consecutive years on a student visa, renewing my NIE card each September. This year I plan to leave in August and return at the end of September, during which time my NIE card/visa will expire. Last year I also left in September when the card expired, but had already begun the process to renew as a student just before leaving. Upon returning I only showed my passport (no NIE) in Paris with no problems. This year, however, I am not beginning the renewal process but hope to come back at the end of September and begin the process of changing my status from student to worker (using the 3 year student’s right to be hired with a formal work contract). What’s more, I plan on arriving in Madrid this time where I fear that they will be stricter with all the time I’ve been in Spain and the legality of my returning compared with the customs agents in Paris.

So, since I am leaving before the NIE/visa expires and coming back, will I be issued a tourist visa? (I will have only been gone 1 month).

At the extranjeria they said that you have 3 months after the expiration of the student NIE to renew it for another year. Does this mean I have permission to come and go until December?

And finally, has anybody else done the 3-year student changeover to worker or is there anybody who is also interested in doing so?

I’ve been told so many times through the years by the police, extranjeria, etc. to ask for an “autorizacion de regreso” when leaving and coming back.. I’ve never done it and there’s never been a problem, so I’d prefer not to go through the hassle if it isn’t necessary in the future as well.

Any advice?? Thanks! 😊

Knowing how enforcement of laws typically depends on the person you encounter, I would not jeopordize your current status and plans for status change. I would go through the hassle of a “autoizacion de regreso” just in case. I guess if you have written documentation that you can allow your student NIE to expire with possibility of renewal, you could risk it. BUT, it will likely take time to change your status and it sounds like you are NOT renewing your student visa? I’d be careful and get everything in writing.

I was on a student visa in Madrid for 3 years about 13 years ago. In late 2001, the government offered legal visa residents the chance for a work visa if a valid work contract was presented that a Spanish national was not qualified to do (e.g., teach English). So I changed my status at that time and worked for a year. I went back to the States and have recently returned under family regrouping due to my husband’s contract with a university here in Bilbao.

Good luck!

Heather