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KEYS TO OBTAIN LONG-TERM RESIDENCY IN SPAIN

Keys to obtain long-term residency in spain. The Long-Term Residence Permit represents one of the principal authorisations issued in Spain, typically granted to individuals who have maintained legal and continuous residence within the country for the preceding five years.

This permit provides indefinite residency rights, though the physical card itself is valid for a five-year period.

Below, we present the some essential elements to understand about obtaining the Long-Term Residence Permit in Spain.

In this post we cover the following: (click any section to see its content)
Keys to obtain long-term residency in spain:

CONTINUOUS RESIDENCE FOR FIVE YEARS:

To qualify for a Long-Term Residence Authorization in Spain, applicants must demonstrate that they have legally and continuously resided in the country for the five years leading up to the application. This path is the most common way to secure long-term residency, but the law provides alternative routes.

These include:

  • Receiving a contributory retirement pension from Spanish Social Security, holding an EU Blue Card for five continuous years (with at least two years of residence in Spain), or benefiting from a permanent disability pension.
  • Being born in Spain, residing continuously for at least three years after reaching adulthood, having lost Spanish nationality after originally being a citizen, or having been under the care of a Spanish public entity for five consecutive years before turning 18.
  • Refugees, stateless individuals, and those with subsidiary protection, as well as individuals who have made significant contributions to Spain’s economic, cultural, or scientific sectors, are eligible.

All final decisions rest with the Ministry of Employment and Social Security, following a review by the Ministry of the Interior.

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NO CRIMINAL RECORD:

Applicants for long-term residency must be free of any criminal or police records.

If any such records exist, they should be annulled before submitting an application.

Immigration authorities conduct a thorough, individualized assessment of each application, factoring in the applicant’s personal, social, and family circumstances. If a criminal record exists, they will evaluate the nature of the offense, when it was committed, and the current legal status.

Importantly, the European Court of Justice recently ruled that a criminal record alone cannot justify the denial of a long-term residency application.

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FINANCIAL MEANS NOT REQUIRED:

Unlike other types of residency authorizations, applicants for long-term residency in Spain are not required to demonstrate financial means.

There is no need to provide an employment contract, proof of self-employment, or evidence of savings. However, if the applicant is employed, they may choose to submit their contract or pay slips as supporting documentation, though this remains optional.

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NO PRIOR EMPLOYMENT REQUIRED:

Similarly, long-term residency applicants are not obligated to prove any prior work activity.

There is no requirement to show that the applicant has been employed for a specific period or has made social security contributions during their previous residence in Spain.

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AUTHORIZATION TO WORK:

A Long-Term Residence Authorization automatically grants the right to work in Spain, whether as an employee or as a self-employed individual.

No additional administrative steps are needed to begin working once this residency status is obtained.

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RESTRICTIONS ON LEAVING SPAIN:

Although financial and work history requirements are waived, applicants must ensure their residence in Spain has been continuous.

Absences from the country should not exceed six consecutive months, and the total time spent outside Spain within five years should not surpass ten months.

For work-related absences, this limit extends to one year. It is crucial to monitor these timeframes, as exceeding them could jeopardize eligibility for long-term residency.

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EXTRAORDINARY RENEWAL:

In cases where an applicant has spent more time outside Spain than allowed, an extraordinary renewal of their previous residency card may be available.

This renewal grants another two years of residency, as long as the applicant meets the necessary conditions for self-employment or dependent work authorization, depending on their status.

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LONG-TERM RESIDENCY AND FAMILY REUNIFICATION:

Once long-term residency is granted, the holder becomes eligible to reunite with their parents in Spain.

Family reunification requires the applicant to have long-term residency or an EU Long-Term Residence Permit, after which they can begin the process of reuniting with their parents or the parents of a spouse or registered partner.

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SEEK PROFESSIONAL GUIDANCE:

Given the complexity of the process, it is always advisable to seek expert legal counsel before submitting a long-term residency application.

Ensuring the application is free of errors from the start can prevent unnecessary delays or denials, ensuring a smoother and more efficient approval process.

To do this, please click-here »

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ALL TYPES OF RESIDENCY AVAILABLE IN SPAIN::

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

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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 RESIDENCE OR CITIZENSHIP 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.

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