Spain Abolishes 6-Month Absence Rule For Temporary Residents

Visas, Immigration & Nationality

Spain Abolishes 6-Month Absence Rule For Temporary Residents

Spain has much to offer for individuals who want to relocate to live, work, and study in the country. It boasts fascinating culture, great weather, and a laid-back lifestyle. 

Now, your residence permit, which is valid for up to five years,  will remain valid even if you are away from the Spanish territory for 6 months or more.

In a groundbreaking decision, Spain's Supreme Court has ruled that temporary residency permits will not be withdrawn from those who have been outside the country for six months or more.

The change reportedly means that temporary residency can only be removed by force of law, not because of how long you’ve been out of the country.

This means that, under the new rules, anyone holding a Spanish temporary residence visa can travel overseas for more than six months in a year without worrying about their residency status in Spain.

Long-Term Residence in Spain

After living in Spain for five years with temporary residency, non-EU nationals are able to apply for a long-term residency card.

Non-EU nationals who seek to convert their temporary residency to permanent residency must be cautious when leaving Spain for an extended length of time. 

This is because the current rule prohibits foreign residents from leaving the country for more than ten months within a five-year period prior to applying for a permanent residence permit.

This means that all non-EU nationals who stay out of Spain for more than six months will be able to renew their residence permit, but they will not be able to upgrade the permit to a permanent one as their stay outside the country would exceed ten months in a five-year period.

What are your thoughts on this issue? Talk to us in the comment section below. Or if you need more advice on the above, contact us for further travel & immigration advice.

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If you need help with a US visa, a UK Visa, or a visa to Europe, including help with appointment booking obligations, IaM can help. For more information and advice on US immigration, UK immigration law and US visa applications or if you need any help or assistance please, reach out to your Visa Coordinator at IaM.

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