In this post we cover a very important sector related to residence in Spain and discuss the 10 most common causes of losing residency in spain, and why these residence permits are lost.
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In this post we cover the following: (click any section to see its content)
The 10 most common causes of losing residence in spain.
- 1.) RENEWING PAST DEADLINE »
- 2.) LEGAL TROUBLES »
- 3.) UNEMPLOYMENT RISKS »
- 4.) ILEGAL OR NOT REGISTERED EMPLOYMENT »
- 5.) EXTENDED ABSENCES »
- 6.) LACK OF JOB SEARCH EFFORTS »
- 7.) UNPAID FEES »
- 8.) TAX OR SOCIAL SECURITY DEBTS »
- 9.) SUBMISSION OF FALSE DOCUMENTATION »
- 10.) LETTING YOUR CARD EXPIRE ABROAD »
- ALL TYPES OF RESIDENCY AVAILABLE IN SPAIN »
- SCHEDULE AN APPOINTMENT WITH A SOLICITOR »
1.) RENEWING PAST DEADLINE:
The most common cause for which residence permits are lost is by the holder letting the permit expire and not renewing it.
All residency cards display its expiration date and the most common cause for which residence permits are lost, is by not renewing the permission within the allocated time, letting the permit expire and not renewing it.
It is very important to understand that the renewal of the residence permit can only be carried out either 60 days prior to the expiry date or up to 90 days after its expiry date.
Once a temporary residence permit has expired for over 90 days, it cannot be renewd.
Exceptions apply for EU Family Residency Card holders: renew within 30 days prior to expiration or within 90 days post-expiry.
2.) LEGAL TROUBLES:
The second most common cause which causes the loss of a residence permission, is having problems with the law, that is, in Spain whenever there exists a police or criminal record, it is something that will affect the renewal process. and therefore it can pose danger to its holders legal stay in Spain.
Exemplary citizenship is crucial for foreigners in Spain. Even minor infractions like DUIs, domestic disputes, or petty thefts can jeopardize residency.
Maintain a clean record, both criminal and police-wise.
3.) UNEMPLOYMENT RISKS:
The third most common reason for losing a residence permit is due to not having worked when the permit requires that work is carried out.
Because the majority of residence and work permits in Spain are closely related to the labour market and the need to work by the foreign citizen holder of residence.
- Always work with a work permit, consistent employment is essential to be able to maintenain residency.
- Aim for at least six months of work annually, ensuring active status during renewals to avoid complications.
Here, if the holder does not work at all, they are most likely to have problems when it comes to renewing their permit to remain in Spain legally.
4.) ILEGAL OR NOT REGISTERED EMPLOYMENT:
The fourth reason that could could cause the loss of a residence permit would be to work illegaly without an employment contract and without registering with social security.
In cases where work is carried out without a contract, the governmental offices will have no way of seeing if the holder has actually worked, that they have been incorporated into the labor market, that they have had a contract, that they have been receiving an income, and therefore it is likely to cause a problem with renewals to stay in Spain legally.
- Avoid undocumented work, as it undermines your residency status by lacking sufficient social security contributions.
- Always work with proper Social Security registration to safeguard your residency.
5.) EXTENDED ABSENCES:
The fifth most common reason for losing a residence permit is related to not being in Spain.
Residence cards are designed to live and work in Spain, so if the holder of a residence permit leaves Spain for a long time, this may mean losing their residence permit and the impossibility of renewing the permit to be able to remain in Spain legally.
The rules for residency cards are for residing in Spain, dictate that absences exceeding six months within a year may lead to entry denial, residency termination, or denial of renewal, especially for long-term residency applications.
6.) LACK OF JOB SEARCH EFFORTS:
The sixth most common reason for losing a residence permit is related to the lack of searches for work in Spain.
When unemployed, register as a job seeker with the INEM or local employment office. Failure to do so can jeopardize residency in certain cases.
7.) UNPAID FEES:
The seventh cause for which residence permits are lost is by not paying government fees attached to the applications.
Ensure timely payment of renewal fees to avoid application archiving, which can lead to complications and delays in resolving renewals.
8.) TAX OR SOCIAL SECURITY DEBTS:
The eighth cause comes in relation to two figures who are among us, you already know social security and Cienda and it is important that you do not have debts with either Cienda or Social Security in order to renew your permit.
Stay current with tax and social security obligations to maintain residency eligibility. Delays or non-compliance, even without owing money, can impact your standing.
9.) SUBMISSION OF FALSE DOCUMENTATION:
The ninth reason, be careful, this is a very serious issue and applicants cannot provide false documentation, it is important that applications contain real updated documentation without any blemishes or deleted ares. Here it is important that applicants use real documentation because attempting to make a renewal this way is fraud, and is classed as committing a crime, which could make the applicants lives very complicated, be careful with the documentation provided.
Avoid presenting falsified documents, as it can result in residency revocation and legal consequences.
10.) LETTING YOUR CARD EXPIRE ABROAD:
The tenth reason is somewhat related to non-presence, but here it would be leaving Spain and allowing the residence to expire.
In these cases, most trips outside of Spain wont match the value of a residence permit in Spain, and this is why we recommend that you renew your permit and request your authorization to return.
ALL TYPES OF RESIDENCY AVAILABLE IN SPAIN:
- Golden-Visa Spain (Spain citizenship by investment)
- Non-Lucrative visa Spain (Spain visa non lucrative)
- Self-Employed visa Spain (self employed expats in Spain)
- Digital-Nomad visa Spain (remote worker in Spain)
Please see-here our video-blog with options and legal-advice to obtain residency in Spain.
Remember that immigration procedures and immigration regulations change regularly, so it’s crucial to stay updated with the latest information from reliable sources. If you have specific questions or concerns about your situation, it’s advisable to consult with immigration authorities or legal professionals specializing in immigration matters, to do this, please click-here »
DO YOU REQUIRE ASSISTANCE TO APPLY FOR RESIDENCY IN SPAIN?
We are a Spanish Solicitor and assist our clients with all types Spanish legal processes.
Permanent residency is obtained after 5 years of Spanish Residency through Self-Employed Residency, Digital-Nomad, Non-Lucrative Residency or Golden-Visa. This followed by 5 years as a permanent resident in Spain and means you can then obtain Spanish Citizenship with a Spanish Passport.
