Expired passports
Content
Validity of passports
As a general rule, an ordinary Spanish passport is valid for a non-extendable term of:
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2 years if the applicant is under five years of age.
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5 years if the holder was under 30 years of age on the day it was issued.
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10 years if the holder is aged 30 or over.
For passports issued to minors or to disabled persons, the indicated validity may be limited at the reasoned request of the persons or institutions with parental authority or guardianship over the former.
A new passport with a validity period corresponding to the applicant's age may be applied for during the remaining 12 months of validity of the previous passport.
Spanish citizens entering or leaving Spain with an expired passport or ID card
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Can a Spanish citizen enter and/or leave Spain with an expired passport or ID card?
A Spanish citizen may enter Spain with an expired passport or ID card once the border control authorities have checked the authenticity of the document and that the identity and nationality of the person match the data appearing on the document they are carrying.
If travelling within the Schengen area, border checks are not carried out at internal borders between Schengen States, other than in exceptional circumstances (see Articles 25 to 29 of the Schengen Borders Code)
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Before leaving Spain you should check the documents needed and requirements for entering the destination country. However, as a general rule, to cross an external border you must carry a valid passport or another valid travel document.
Can a Spanish citizen enter and/or leave Spain with an expired passport or ID card?
A Spanish citizen may enter Spain with an expired passport or ID card once the border control authorities have checked the authenticity of the document and that the identity and nationality of the person match the data appearing on the document they are carrying.
If travelling within the Schengen area, border checks are not carried out at internal borders between Schengen States, other than in exceptional circumstances (see Articles 25 to 29 of the Schengen Borders Code) .
Before leaving Spain you should check the documents needed and requirements for entering the destination country. However, as a general rule, to cross an external border you must carry a valid passport or another valid travel document.
Consequences or penalties
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What are the consequences for Spanish citizens entering or leaving with an expired passport or ID card?
Under the Spanish legal system, entering Spain with an expired passport or ID card is not an offence.
With regard to leaving, you must cross an external border (to a third country) at an authorised border post with a valid passport or travel document. However, if travelling within the Schengen area, border checks are not carried out at internal borders between Schengen countries, other than in exceptional circumstances.
What are the consequences for Spanish citizens entering or leaving with an expired passport or ID card?
Under the Spanish legal system, entering Spain with an expired passport or ID card is not an offence.
With regard to leaving, you must cross an external border (to a third country) at an authorised border post with a valid passport or travel document. However, if travelling within the Schengen area, border checks are not carried out at internal borders between Schengen countries, other than in exceptional circumstances.
Rules applicable to nationals from other EU Member States entering, leaving or travelling through Spain
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What rules apply to persons from other EU Member States who enter, leave or transit through Spain with an expired passport?
To enter: In accordance with current legislation ( Article 4 of RD 240/2007 of 16 February on the entry, free movement and residence in Spain of citizens from EU Member States and other States party to the Agreement on the European Economic Area ), to enter Spanish territory, a valid passport or ID card is required.
In all cases, in the event of not having the necessary travel documents to enter Spanish territory, before a beneficiary of the community system is refused to enter Spain, the border control authorities will make every effort to allow such persons to obtain or receive the necessary documents within a reasonable period of time, or for it to be confirmed or proven by other means that they are beneficiaries of said system, provided the lack of the travel document is the only reason that prevents them from entering Spain.
To leave: The rules are similar in all Member States, as the national laws regulating this matter have their origin in Directive 2004/38/EC of 29 April 2004, on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.
What rules apply to persons from other EU Member States who enter, leave or transit through Spain with an expired passport?
To enter: In accordance with current legislation ( Article 4 of RD 240/2007 of 16 February on the entry, free movement and residence in Spain of citizens from EU Member States and other States party to the Agreement on the European Economic Area ), to enter Spanish territory, a valid passport or ID card is required.
In all cases, in the event of not having the necessary travel documents to enter Spanish territory, before a beneficiary of the community system is refused to enter Spain, the border control authorities will make every effort to allow such persons to obtain or receive the necessary documents within a reasonable period of time, or for it to be confirmed or proven by other means that they are beneficiaries of said system, provided the lack of the travel document is the only reason that prevents them from entering Spain.
To leave: The rules are similar in all Member States, as the national laws regulating this matter have their origin in Directive 2004/38/EC of 29 April 2004, on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.
Special agreements or exceptions for some EU/EEA countries for citizens travelling with an expired passport or ID card
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Are there any special agreements or exceptions for some EU/EEA countries for citizens travelling with an expired passport or ID card?
For trips in the Schengen area, no internal border checks are carried out and so no documents are necessary.
In the event of wishing to enter Spain through an external border, the following exceptions exist in the event of having an expired passport/ID card (subject to changes by virtue of agreements):
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List of countries for which a passport that expired up to 5 years ago is admissible: Belgium, France, Austria, Luxembourg, Switzerland, Liechtenstein, Monaco, Netherlands and Portugal.
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List of countries for which a passport that expired for up to 1 year ago is admissible: Germany and Hungary.
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List of countries for which an ID card that expired up to 1 year ago is admissible: Germany and Hungary.
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In the case of the validity of expired documents presented to a forwarding agent for boarding purposes, competence lies with the Spanish Ministry of Transport, Mobility and Urban Agenda.
Are there any special agreements or exceptions for some EU/EEA countries for citizens travelling with an expired passport or ID card?
For trips in the Schengen area, no internal border checks are carried out and so no documents are necessary.
In the event of wishing to enter Spain through an external border, the following exceptions exist in the event of having an expired passport/ID card (subject to changes by virtue of agreements):
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List of countries for which a passport that expired up to 5 years ago is admissible: Belgium, France, Austria, Luxembourg, Switzerland, Liechtenstein, Monaco, Netherlands and Portugal.
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List of countries for which a passport that expired for up to 1 year ago is admissible: Germany and Hungary.
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List of countries for which an ID card that expired up to 1 year ago is admissible: Germany and Hungary.
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In the case of the validity of expired documents presented to a forwarding agent for boarding purposes, competence lies with the Spanish Ministry of Transport, Mobility and Urban Agenda.
Air and sea transport
Airlines and maritime transport companies operating in Spain require passengers to be in possession of a valid passport for travelling to third countries and a valid ID card for travelling within the EU/Schengen area.
It is therefore recommended that every passenger travelling by air and sea is in possession of a valid, current travel document.
Legal and/or technical references
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Royal Decree 896/2003 of 11 July 2003 regulating the issuing of an ordinary passport and determining the features thereof
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Spanish Directorate-General of Police website with DNI (national ID card) and passport information
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Spanish Ministry of the Interior website with DNI information
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Spanish Ministry of the Interior website with passport information
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Royal Decree 240/2007 of 16 February on the entry, free movement and residence in Spain of citizens of EU Member States and other States party to the Agreement on the European Economic Area.
