Spanish Court Ruling Provides Relief for Foreigners with Temporary Residence Permits


In a significant development, a Spanish court ruling provides relief for foreigners with temporary residence permits. The Spanish authorities have recently made an important announcement that brings relief to foreigners holding temporary residence permits in the country. The ruling, handed down by the Spanish Supreme Court on June 20, signals a shift away from strict rules governing permit revocation, benefiting expatriates who spend extended periods outside Spain. This landmark decision opens up new possibilities for individuals seeking to explore the world while maintaining their residence status in Spain.

Does this court ruling for foreigners with temporary Residence Permits mean expanded freedom for temporary residence permit holders?

According to the latest update, foreigners with temporary residence permits will no longer face the risk of having their permits revoked if they spend more than six months outside Spain. This newfound freedom allows those with Spanish temporary residence permits to travel abroad for extended periods, up to a year, without fearing the loss of their residency status.

The Spanish authorities have been quick to emphasize that this decision does not signify a complete overhaul of the existing rules. Instead, it offers reassurance to temporary residence permit holders that they can travel for prolonged periods without jeopardizing their status. The option for the authorities to reinstate previous rules if deemed necessary ensures a balanced approach to immigration regulations.

Another noteworthy aspect of this ruling is the streamlined process for terminating temporary residency status. Authorities can now terminate temporary residency through a legal process, evaluated on individual merits, rather than solely based on the duration of absence from Spain. This refined approach ensures greater fairness and consideration for each person’s unique circumstances.

Temporary residence permits can be granted for up to five years, providing a stable platform for expats to build their lives in Spain. After five years of residence, permit holders are eligible to apply for long-term residency permits, offering enhanced stability and opportunities within the country.

While this ruling brings much-needed flexibility for temporary residence permit holders, certain considerations apply for those looking to upgrade to permanent residency. Presently, foreigners seeking permanent residence permits are not allowed to stay outside Spain for more than ten months within a five-year period before submitting their application. Understanding these timelines will be crucial for those seeking to take this next step in their journey.

This recent Spanish court ruling should be classed as an exception, and from a legal point of view, it should be remembered that the Spanish law for short term residence holders has not changed and it is recommended that holders of short-term permits, should spend no less than 183 days in Spain per year until a long term residence permit can be applied for, after 5 years.

Please see-here our video-blog with options and legal-advice to obtain residency in Spain.

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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.

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