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Instruction 1/2026 on Return Authorizations

By ARC Legal Published on: June 08, 2026
Instruction 1/2026 on Return Authorizations

The start of the summer holiday season is usually accompanied by a significant increase in applications for return authorizations (“autorizaciones de regreso”). Every year, thousands of foreign nationals whose residence or stay permits are undergoing renewal need to travel outside Spain and return before receiving a decision on their application or before their new residence card is issued.

Among the groups most affected are international students, who typically submit their renewal applications during June, July, August, and September—the same period when many wish to return to their home countries to visit family or enjoy their summer break. As a result, the return authorization becomes a particularly important document for this group.

💡 Are you an international student renewing your Spanish student stay authorization? A return authorization may be an essential document if you plan to travel outside Spain while your renewal application is being processed. We recommend reviewing our comprehensive guide on renewing a student stay authorization, where we explain deadlines, requirements, documentation, and practical considerations to keep in mind before arranging any international travel.

You may also be interested in: Complete Guide to Renewing a Student Stay Authorization in Spain under Royal Decree 1155/2024.

To streamline the management of these cases and avoid travel-related issues during the summer months, the Spanish National Police’s General Commissioner for Immigration and Borders has issued Instruction 1/2026, dated June 2, 2026. This instruction introduces temporary measures and clarifies several situations related to return authorizations.

Below, you can access the full text of Instruction 1/2026 (in Spanish):

⏺️ What is a Return Authorization?

A return authorization is a document issued by the Spanish authorities that allows certain foreign nationals to leave Spain and subsequently return, even though they do not currently hold a valid Foreigner Identity Card (TIE), provided they continue to have a lawful right to reside or stay in Spain.

Article 5 of Spain’s Immigration Regulation, approved by Royal Decree 1155/2024, governs this document and establishes the circumstances under which it may be requested.

The most common situations include:

  • Individuals who have submitted an application to renew or extend their residence or stay authorization within the legally established deadline.
  • Holders of a valid TIE that has been lost, stolen, damaged, or rendered unusable, provided they have applied for a replacement card.
  • Certain exceptional situations where an initial residence authorization has already been approved and urgent circumstances justify the issuance of a return authorization.

A return authorization is generally valid for up to 90 days and allows multiple entries and exits during its validity period.

⏺️ Why was Instruction 1/2026 issued?

The General Commissioner itself acknowledges that summer months bring a substantial increase in return authorization applications.

This surge places significant pressure on immigration and police units and may affect the processing of other immigration procedures, particularly residence and stay permit renewals.

To optimize resources and facilitate international travel for foreign residents in Spain, Instruction 1/2026 introduces several exceptional measures applicable during summer 2026.

⏺️ The main change: A temporary measure for summer 2026

Under the new instruction, from June 8, 2026, to September 30, 2026, certain foreign nationals may be allowed to re-enter Spain even if they do not possess a formally issued return authorization.

To benefit from this measure, they must provide evidence of:

  • A valid passport or travel document.
  • An expired residence authorization.
  • Proof that a renewal application has been submitted.

However, this measure only applies when entering Spain through a Spanish land or maritime border crossing.

The objective is to reduce the workload of the authorities responsible for processing return authorizations during the summer period.

⏺️ Does this mean Return Authorizations are no longer necessary?

No.

Instruction 1/2026 maintains the general rule that foreign nationals renewing their residence or stay permits should continue to obtain a return authorization whenever they meet the legal requirements.

The temporary measure should be understood as an exceptional solution for specific situations and not as a replacement for the standard procedure.

From a practical perspective, it remains highly advisable to obtain a return authorization before traveling whenever possible.

This is particularly important when traveling by air.

⏺️ Special attention for Air Travel

Instruction 1/2026 expressly reminds foreign nationals traveling by air that they should continue to obtain a return authorization if they fall within the situations covered by the regulation.

The reason is straightforward.

Airlines generally require passengers to present sufficient documentation demonstrating their right to enter Spain. In many cases, an expired residence card together with proof of a pending renewal application may not be considered sufficient for boarding purposes.

Even if Spanish authorities may ultimately permit entry under certain circumstances, the main obstacle often arises before the traveler boards the aircraft.

For this reason, at ARC Legal we continue to strongly recommend obtaining a return authorization before any international trip whenever a residence card has expired or is close to expiring during the renewal process.

⏺️ An important reminder: Return Authorizations only allow entry through Spain

One of the most important points highlighted by the instruction concerns an issue that frequently causes problems for travelers and students every summer.

A Spanish return authorization is only valid for crossing the external Schengen border through Spanish border control points.

This means that travelers holding a return authorization should not plan their re-entry into Europe through another Schengen Member State. The instruction specifically warns that entry may be refused if the traveler attempts to enter the Schengen Area through a country other than Spain.

For this reason, we always recommend ensuring that the first airport or border crossing into the Schengen Area is located in Spain.

⏺️ New guidance for UK nationals and their family members

The second major development introduced by Instruction 1/2026 concerns UK nationals and their family members who benefit from the Withdrawal Agreement between the United Kingdom and the European Union.

The instruction recalls that the temporary residence document issued under Article 18.4 of the Withdrawal Agreement is automatically renewed in the Central Register of Foreign Nationals when it expires.

However, the wording of Spain’s Immigration Regulation had generated uncertainty regarding the availability of return authorizations for these individuals.

To guarantee their freedom of movement rights, the General Commissioner expressly establishes that:

  • Applications for return authorizations submitted by UK nationals and their family members holding residence documentation under the Withdrawal Agreement will be processed.
  • Applications may be submitted during the 60 days prior to the expiration of the TIE or within the 90 days following its expiration.
  • This measure is not limited to the summer period and will remain in force until a different administrative criterion is formally adopted.

This clarification provides greater legal certainty for UK nationals residing in Spain and their family members when traveling during the renewal of their residence documentation.

⏺️ How ARC Legal Abogados can help

At ARC Legal, we regularly advise international students, foreign workers, family members of EU citizens, non-lucrative residence holders, digital nomads, UK nationals, and other foreign residents on obtaining return authorizations and planning international travel while their immigration applications are being processed.

If you plan to travel while your authorization is under renewal or need assistance obtaining a return authorization, our team can review your circumstances and help prepare the required documentation.

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¿Prefieres leer este artículo en español 🇪🇸? Aquí te dejamos el enlace: Instrucción 1/2026: cambios en las autorizaciones de regreso para el verano de 2026

The information provided in this article is for informational purposes only and does not constitute legal advice. Although we strive to provide accurate and up-to-date information, Spanish immigration regulations are subject to change and interpretation by the competent authorities. For personalized and current legal advice, we recommend consulting a qualified immigration lawyer.

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