Returning to Spain after Voluntary Return

Several foreigners who were living in Spain lost their jobs and found themselves unemployed. After realizing they had limited chances of finding a new job, they decide to return to their home country. To do so, they avail themselves of the voluntary return program, allowing them to receive in a single payment the unemployment benefits they are entitled to.

The question many of these foreigners ask themselves is, «Can I return to Spain after a voluntary return?»

The answer is yes, and in this article, we show you how to return to Spain after a voluntary return.

What is Voluntary Return?

Voluntary return is a measure initiated by the government aimed at minimizing the number of third-country residents in Spain. To achieve this, a sort of agreement or compensation is offered. If you have been working in Spain, voluntary return allows you to receive unemployment benefits in advance, provided that, as a foreigner, you commit to staying out of the territory and not returning for a period of 3 years.

The process of lump-sum payment is called APRE and is managed by the SEPE. This advance obtained by the foreigner is related to the same unemployment benefit that the foreigner has earned after working and contributing in Spain over a specific period. In other words, instead of receiving the unemployment benefit on a monthly basis (as is usually done), voluntary return allows you to receive it as a lump sum, receiving a single payment for the entire portion. Once you opt for this program as a foreigner, your current residence permit will be terminated, as detailed in Royal Decree 557/2011.

Requirements to Claim Voluntary Return in Spain

To be eligible for voluntary return payment, you must meet the following requirements:

1. Not be a citizen of the EU, European Economic Area, or Switzerland.
2. Be a citizen of a country with which Spain has a bilateral agreement regarding Social Security.
3. Have legal residence in Spain.
4. Be unemployed and registered as such.
5. Be authorized to receive unemployment benefits.
6. Commit to returning to your country within a maximum period of 30 days after receiving the first payment.

How Can I Return to Spain After Voluntary Return?

You should be aware that you cannot return to Spain until 3 years have passed since your departure from the country, although the timeframe may vary depending on whether you had temporary or long-term residence in Spain, or if you were waiting for a community regime.

Temporary Residence

If you had temporary residence before voluntary return, once the three years have passed, you can return to Spain, but you will need to apply for an initial residence authorization since you cannot renew the one you had previously. It is most common to apply for an initial residence and work authorization for employed work.

It is important to note that you must complete this application process from your country, as you will need to find a job where the employer is willing to hire you, and the employer will initiate the procedures.

Long-Term Residence

If you had long-term residence, the process will be much easier. You simply need to visit the Spanish consulate in the country where you reside and apply for the recovery of long-term residence. Once you have applied, you will be issued a visa to enter Spain. Upon arrival in Spain, you will need to register your fingerprints, and you will then receive the physical long-term residence card.

Community Regime

If you had a community regime before voluntary return, you have a significant advantage, as you can restart the procedures and return to Spain before the mandatory 3-year period elapses. However, depending on your nationality, you may need to apply for a visa to enter Spain and then proceed with the community regime application.

Do the years I was residing in Spain before my voluntary return count?

Yes, the years you spent residing in Spain before the voluntary return are taken into account. For example, if you had been residing in Spain for more than 5 years, you can apply for long-term residence.

Frequently Asked Questions

How can I know if I can return to Spain?

Eligibility to return to Spain depends on various factors, such as previous migratory status, the reason for departure, and current regulations. It is recommended to consult with Spanish immigration authorities or an immigration expert for specific information.

What is the timeframe for an individual to be unable to return to Spain?

The timeframe for an individual not being able to return to Spain can vary depending on circumstances and migratory status. In some cases, there may be a period of entry prohibition following deportation or voluntary departure.

What is needed for voluntary return?

Voluntary return involves an individual deciding to return to their country of origin voluntarily. To manage the return, it may be necessary to communicate with immigration authorities, fulfill certain requirements, and coordinate logistical details.