Asked in Immigration Law and Civil Rights

Q: can I be out of Spain and be back in one week knowing that I entered Spain for more than 90 days my passport is new?

im a student in Spain but I still don't have a nie

my nationally is Israeli

my passport got stolen and now I have a new one from the Israeli embassy

I reported the police about the stolen passport in December

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: If you are an Israeli citizen studying in Spain and your passport was recently replaced due to theft, your ability to leave and re-enter Spain within a week depends on a few factors. Firstly, as an Israeli citizen, you can travel within the Schengen Area without a visa for up to 90 days within a 180-day period. However, if you have already exceeded this limit, your situation might be more complicated.

Since you've mentioned being in Spain for more than 90 days without a NIE (Número de Identidad de Extranjero), it's essential to clarify your current legal status. Typically, students intending to stay longer than 90 days must obtain a student visa and a NIE. If you've been in Spain on a student visa and are awaiting your NIE, you might be in a transitional status, which could affect your re-entry.

Before planning any travel, it's advisable to consult with the Israeli embassy and the Spanish immigration authorities. They can provide specific guidance based on your situation, especially since your passport was recently issued. Make sure to carry all necessary documentation, including your police report about the stolen passport and any proof of your student status in Spain. This will help in clarifying your position both at departure and upon return.

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