Overstaying Schengen period while waiting residency application

Hi. My wife, son and l arrived in Torrevieja in September 2020. We applied for Spanish residencia in November 2020 and April 2021 but our applications were rejected twice. We then applied again in May, 2021. My son and have been granted residencia but not my wife. Her application is still in process (we have now been waiting 8 weeks for an answer) so we know exactly what you’re going through. My advice is do not leave Spain at all. Make sure you have private health insurance with a Spanish company and seek the advice of a gestor with a proven track record of obtaining residencia (if you do any speak Spanish get a gestor who speaks English). Go onto Costa Blanca forum.com and then the “Padron, Residencia...advice section. You’ll find the names of good gestors. We are still in limbo so you’re not alone. If you need any further help or advice don’t hesitate to ask me. By the way Kimmy11 ( a user on this forum) is very knowledgable and helpful. If you send her a private message lm sure she can help you. Paul.

Dear Paul

Many thanks for this speedy reply. Our application is being handled through an English speaking lawyer who was recommended to us and appears to know what he is doing. Our thinking now is as you say, safest option is to remain here as any problems on our exit would I am sure scupper our chances of residency. Such a nightmare as there is no concrete answer to the problem we are both facing as neither UK or Spain authorities can advise. We have never been on the wrong side of the law in our lives but have ended up forced into this position. Very stressful but  always good to know you are not alone.

I hope you all get sorted soon and will let you know if we hear any info that might be of use. Best wishes 

I posted on this subject recently

Overstaying the 90 day post Brexit limit

Dear Gordon That's good to know thanks. Our only problem is we would be driving / ferry back so assume not every exit point might be as lenient? 

I'd look at flying back while air fares are low and the cost of testing is much lower than it was - current total of approx. 140 euros per person and no cost to come back again.   See my comments on the Spain to Scotland thread.

Hi Craig,

I've responded separately to your PM, but for the benefit of the thread, the "Autorizacion de Regreso" which your lawyer suggests, in the absence of full residency, is a must for re-entry to Spain.  Please note, however, that you have to re-enter the country at a Spanish border control - you wouldn't be able to enter at, say, France and then travel down.  I mention this because you said you would be travelling by ferry and car.

Kind regards, 

Kim

Dear Kimmy

Again, many thanks for this. Craig