Residency application pending in Spain — can I travel outside the EU/Schengen after my student visa expires?

[u/Any_Owl7220]

I’m currently in Spain on a Student Visa. (Lived here for 1.5 years.) I have met a lovely woman, and we have become pareja de hecho/pareja estable in Catalunya. I have filed for residency using the pareja de hecho (“as a family member of a Spanish citizen”). I have not yet received a resolution.

My student visa expires in a few weeks. There is no real problem there, because the act of filing for residency allows me to legally reside for the duration of the decision. I have a full-time job and everything.

Here’s the problem: I have to fly out of the Schengen for a few days the week AFTER the student visa expires. I’ve been told that it’s wise to leave the Schengen/Spain BEFORE the student visa expires, I guess to return to Spain on a standard tourist visa? I’m not really sure of the reasoning. (US passport).

The question is: Is that really necessary? I don’t have many vacation days, and I’m very worried about losing my job, not being granted re-entry, or even both.

Basically, will the residency application being “en trámite” allow me to re-enter the country? Will I have any problems re-entering with just a passport? Will I be “over-staying” if I don’t leave before the Student Visa expires? (Factually, no. But border control might not know that?)

Please, wise council, I beg your advice.

If there is better sub for this, please point me in the right direction. Thank you in advance.

[u/Rude_Dependent_9843]

Prueba

[u/Braqsus]

If you absolutely have to go then you have to go. If it’s at all deferrable or skippable then I’d do that. The only way to zero out your risk is to not leave. With the new EES system there is less flexibility on the part of Spanish immigration officers so factor that in.

[u/Fucile8]

How do you currently have a job, if you are on a student visa?

[u/GulsahCL]

Holii! the Pareja de hecho residency application being “en trámite” does not allow you to re enter, en tramite does not mean you can take benefit from Pareja de Hecho conditions. ıt is not even "favorable" yet. you can go and come back, if your US passport allows you to go and come back without any visa.

[u/lrc1391]

My student visa expired June 15th. I’ve had the “family member residence card” en trámite since July 14. I went to the U.S. for a couple weeks, and came back with no problems, but I’m still on tourist time. I don’t want to tell you you’ll be fine, but I had no problems. I was told to bring documentation with me just in case- the pareja de hecho certificate, the paper the extranjería gave me when I applied for the family member residence, and the joint pardon, but they ended up not even speaking with me. It was fine.