How long can a spanish resident spend outside of spain, and still maintain their residence card?
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How long can a spanish resident spend outside of spain and still maintain their residence card:
IF A LEGAL RESIDENT SPENDS A LONG TIME OUTSIDE SPAIN BUT HAS A VALID RESIDENCE CARD, CAN THEY RETURN?:
A common question amongst foreigners who are legal residents in Spain, how long can a spanish resident spend outside of spain, arises when they return to their home countries and stay there for an extended period, even years, but their residence permits are still valid.
In these cases, can they return to Spain, or could there be problems due to the prolonged absence from Spain, how long can a spanish resident spend outside of spain?
It’s important to note that the consequences will vary depending on the type of permit the person holds since each permit has a specific allowable period of absence according to the regulations. Exceeding these periods can lead to the termination of the permit, resulting in the loss of their residence authorization in Spain.
GENERAL IMMIGRATION LAW:
Here are the allowable periods of absence from Spain without affecting your residence status:
- One continuous year outside the European Union for Long-Term or Long-Term EU Residence Cards.
Important Note: On June 20, 2023, the Supreme Court nullified Article 162.2.e) of Royal Decree 557/2011, which established the termination of temporary residence due to absences of more than six months within a year. Therefore, as of today, there is no cause for termination of temporary residence for this reason. More information on this change can be read-here.
COMMUNITY REGIME:
Regarding residence cards regulated under the community regime:
- Six months within a year for Initial Family Residence Cards of a Community Citizen.
This period may be extended for longer absences from Spanish territory if they are due to fulfilling military obligations or if they do not exceed twelve consecutive months and are due to pregnancy, childbirth, postpartum, serious illness, studies, professional training, or transfers for professional reasons to another Member State or a third country. - Two continuous years outside Spain for a Permanent Community Residence Card.
So, what happens if, for example, Martin (holder of a long-term residence card valid for 5 years) returns to his home country (America) for two years and wants to return to Spain while his card is still valid?
This situation is quite common, especially for holders of long-term residence cards.
In this case, it’s straightforward, and there aren’t many problems, because even though Martin´s card could be terminated due to being outside the EU for more than a year, he could initiate a new procedure to recover his residence card.
Martin has two options:
- Request the recovery of his card at the Spanish Consulate in Mexico.
- Enter Spain because his card is still valid and request the recovery of his card within 90 days of entering Spain.
The situation is different when the person holds a temporary residence card.
Imagine María is a holder of an initial community residence card valid for 5 years and returns to her home country (Colombia) for a period of one year. Now María wants to return to Spain while her card is still valid.
In this case, since it is a temporary card, the permitted absence period is six months within one year outside Spain. Therefore, María’s residence authorization could be terminated for this reason.
María can return to Spain with her card because it is still valid, and it is not possible to prohibit the entry of a family member of an EU or European citizen, but she may face a termination procedure.
For temporary cards, it is not possible to recover them in the event of termination. Therefore, it is advisable to seek legal advice, analyze the specific case, and determine the most appropriate way to try to solve the problem.
ALL TYPES OF RESIDENCY AVAILABLE IN SPAIN:
- Golden-Visa Spain (residence in Spain by investment)
- Non-Lucrative visa Spain (Spanish 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 »
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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.
