Recovery of the ownership of long-term residence or long-term residence-EU authorisation and regain a long-term residence permit in Spain even after it has expired.
The procedure for the recovery of ownership of a long-term residency authorization shall apply when a foreigner returns to Spain after their residency card has expired, but has not been renewed, provided that at the time of their voluntary return to their home country, they held the status of a long-term resident in Spain.
In this post we cover the following: (click any section to see its content)
How to regain a long-term residence permit in Spain even after it has expired
- WHAT IS LONG-TERM RESIDENCY? »
- WHY MIGHT YOU LOSE LONG-TERM RESIDENCY? »
- IN WHAT CASES CAN YOU REGAIN LONG-TERM RESIDENCY? »
- WHAT REQUIREMENTS MUST YOU MEET TO REGAIN LONG-TERM RESIDENCY? »
- WHAT DOCUMENTS WILL BE REQUIRED TO REGAIN A LONG-TERM RESIDENCY? »
- HOW TO REGAIN LONG-TERM RESIDENCY? »
- WHAT TO DO IF YOUR LONG-TERM RESIDENCY RECOVERY IS DENIED? »
- WHAT TO DO AFTER YOU’VE BEEN GRANTED LONG-TERM RESIDENCY RECOVERY? »
WHAT IS LONG-TERM RESIDENCY?
Long-Term Residency is a kind of permission that grants both residence and work rights. It’s available to foreigners who have been living in Spain for 5 years, provided they meet the necessary requirements and paperwork.
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WHY MIGHT YOU LOSE LONG-TERM RESIDENCY?
You can lose Long-Term Residency for various reasons:
- If you’re absent from the European Union territory for 12 consecutive months, your residency ends.
- If you acquire long-term residency in another EU country.
- If the authorization was obtained fraudulently.
- If an expulsion order is issued under certain circumstances.
- If someone granted protection by another EU member state loses that protection.
- If an immigrant is convicted of specific crimes listed in Spanish law. The application of this reason depends on the principle of proportionality.
IN WHAT CASES CAN YOU REGAIN LONG-TERM RESIDENCY?
You can regain Long-Term Residency in the following cases:
- When your long-term residency ended due to 12 consecutive months outside the EU territory.
- When your long-term residency ended due to acquiring long-term residency in another EU country.
- When a long-term resident returns to Spain after their commitment not to return expires.
WHAT REQUIREMENTS MUST YOU MEET TO REGAIN LONG-TERM RESIDENCY?
To regain Long-Term Residency, you should:
- Not be a citizen of an EU country, the European Economic Area, or Switzerland, or a family member of such citizens subject to EU regulations.
- Have legal status in Spain.
- Have been a holder of long-term residency authorization.
- Have no criminal record in Spain, your home country, or any previous countries of residence for offenses recognized as such in Spanish law.
- Not be banned from entering Spain and not listed as inadmissible in countries with agreements with Spain.
- Not have any serious public health diseases as defined in the 2005 International Health Regulations.
WHAT DOCUMENTS ARE REQUIRED TO A REGAIN LONG-TERM RESIDENCY?
The basic document reuqirments are the following:
- Duly completed and signed official application form.
- Copy of your passport or travel document with at least four months of validity.
- Criminal record certificate or equivalent document if you’re of criminal age, issued by your home country or countries where you’ve resided for the last five years.
- Application form authorization for long-term residence and long-term residence-UE.
HOW TO REGAIN LONG-TERM RESIDENCY?
The procedure for regaining Long-Term Residency depends on where you apply.
In Spain, you can do it in the following ways:
- Through an immigration expert lawyer, who can submit your application online for a faster process, provide personalized assistance, and keep you updated on your immigration case.
- In person at the corresponding immigration office.
Important Note: If you’re in Spain and your long-term residency ends, you must leave the country and re-enter as a tourist. During this time, you can start the process to regain long-term residency, either during the visa issuance period or within 90 days of re-entry if no visa is required.
WHAT TO DO IF YOUR LONG-TERM RESIDENCY RECOVERY IS DENIED?
If your Long-Term Residency recovery is denied, you have the following options:
- Submit an administrative appeal: File a Discretionary Reversal Appeal with the same authority that rejected your application.
- Legal recourse: File an Administrative Litigation Appeal with the competent Regional High Court. Contact us if your application is rejected, and we’ll defend your rights against the authorities.
WHAT TO DO AFTER YOU’VE BEEN GRANTED LONG-TERM RESIDENCY RECOVERY?
Within 30 days of receiving your long-term residency authorization, you should personally attend in Spain to provide your finger prints and have your new Foreigner Identity Card made. this is done at the Foreigners’ Office or Police Station in the province where your authorization was processed.
HOW CAN RECOVER YOUR RESIDENCE IN SPAIN?
Do you need legal assistance to recover a Long-Term Residence in Spain?
We are a Spanish Solicitor and assist our clients with all types of residency applications.
Permanent residency is obtained after 5 years of Spanish Residency through Self-Employed Residency or Non-Lucrative Residency, Spain or Residency through Investment. This followed by 5 years as a permanent resident and means you can then obtain Spanish Citizenship with a Spanish Passport.