Supreme court stops residence termination for temporary residents in a ruling that nullifies the termination of temporary residence due to absences of more than 6 months is now in effect
The Supreme Court ruling that declares null Article 162-2.º-e) of Royal Decree 557/2011, dated April 20, regarding the termination of temporary residence authorization, has already been published in the Official State Gazette (BOE), and is now in effect.
A Supreme Court ruling has declared null the article through which temporary residence authorizations are terminated for absences from the national territory for more than six months within a one-year period.
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The Supreme Court Ruling That Nullifies the Termination of Temporary Residence Due to Absences of More Than 6 Months Is Now in Effect:
- TERMINATION OF THE TEMPORARY RESIDENCE CARD »
- SUPREME COURT RULING »
- ALL TYPES OF RESIDENCY AVAILABLE IN SPAIN »
- SCHEDULE AN APPOINTMENT WITH A SOLICITOR »
TERMINATION OF THE TEMPORARY RESIDENCE CARD:
To start from the beginning. Article 162 of the Immigration Regulations establishes that temporary residence authorizations are terminated for the following reasons:
The temporary residence authorization will be terminated by a resolution of the competent authority for its granting, in accordance with the procedures provided for in the current regulations for the granting, modification, and termination of authorizations, when any of the following circumstances are found:
- a) When the foreign national changes or loses their nationality, without prejudice to the possibility of obtaining another residence authorization based on the new circumstances.
- b) When the circumstances that served as the basis for its granting disappear.
- c) When it is found that there are serious inaccuracies in the claims made or in the documentation provided by the holder to obtain the residence authorization.
- d) When the holder no longer possesses a valid and in-force passport, analogous document, or, if applicable, a registration card, unless they can justify that they have taken the necessary steps to renew or recover the passport or analogous document.
- e) When the holder remains outside Spain for more than six months within a one-year period.
As you can see, those with a temporary residence authorization would have their authorization terminated if they remained outside Spain for more than six months in a year. This meant that in addition to meeting the specific renewal requirements for each authorization, it was also necessary to consider the time spent outside Spain during the residence period.
This article, which allowed for the termination of this type of temporary permit, has been declared null and, therefore, such authorizations can no longer be terminated for this reason.
SUPREME COURT RULING:
The Supreme Court issued a ruling declaring null the aforementioned Article 162.2.e) of RD 557/2011, considering that it limits the fundamental right of free movement for foreign citizens with temporary residence in Spain, as recognized in the Spanish Constitution, specifically in Article 19. In this regard, the court establishes that such a limitation should be imposed through a higher-ranking norm, not through a regulation.
In this context, Organic Law 4/2000 does not establish in its Article 31 any limitation or cause for the termination of these temporary residence cards due to absences of more than six months from our country. Therefore, the limitation set by the regulation would not be correct.
For all these reasons, and due to the hierarchy of norms, the Supreme Court considers that regulating this right of free movement through a regulation, which is developed by the executive branch or the current government, is not acceptable. Instead, it must be done through an Organic Law. Consequently, the court declares this provision of the Immigration Regulations null and void.
Here you can download the mentioned Supreme Court ruling.
Download Supreme Court ruling on the Immigration Law Regulation
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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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.
