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Brexit Update for UKNS. The Withdrawal Agreement ratified for the UK’s exit from the EU, states that “. Once acquired, the right of permanent residence shall be lost only through absence from the host State for a period exceeding 5 consecutive years”.
Regulations for EU citizens and also non EU spouses/partners/family members.
You may need to return to your home country for a period of time and wish to keep your residency status in Spain.
After five years of legal residency, you will automatically acquire the right of permanent residence.
Non Permanent Resident
Your continuity of residence is not affected by:
temporary absences (less than 6 months a year)
longer absences for compulsory military service
one absence of 12 consecutive months, for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting to another country.
important update in link below:
Supreme Tribunal declares as null the article that extinguishes the right of residency.
Permanent residents
The above also applies with the difference that, you can only lose your right to permanent residence if you live outside Spain for more than 2 consecutive years.
You may qualify for permanent residence earlier, if you have stopped working because:
you have retired and have worked in the country for the last year or have lived there continuously for 3 years
you are no longer able to work and have lived in the country continuously for 2 years
you are no longer able to work due to an accident at work or occupational disease – in this case you have the right to remain regardless of how long you have lived in the country.
Important note:
The authorities it appears have been carrying out systematic checks (checks are permissible but not systematic checks) on those who have not resided here long enough to have acquired permanent residency status. Notifications have been sent out to many residents asking to prove that they have not become a burden on the State. This has meant forwarding all documentation as though they were making a first application for residence status. Should you receive such a communication, please contact us.
Re non-EU residents with
Temporary residency authorisation – the following situations cause the extinction of your authorisation:
when you don’t renew within the legally established window after expiry
when you change or lose your nationality (still entitled to apply anew, with new nationality)
when the circumstances under which you applied for the authorisation, disappear
when it comes to light that you weren’t truthful in the application process
if you are no longer in possession of valid ID document, or not in the process of renewing it
when you exceed a max. 6 months absence from Spain in any period of 12 Continuity will not be affected by absences from Spanish territory of up to six continuous months, provided that the sum does not exceed ten months within five years. If it is for work reasons, it cannot exceed a total of one year within the five years required.
“This circumstance will not apply to the holders of a temporary residence and work authorization linked through a labour relationship to non-governmental organizations, foundations or associations, registered in the corresponding general registry and officially recognized as being of public interest as cooperators, and which perform for those research projects, development cooperation or humanitarian aid, carried out abroad. Nor will it apply to those with a residence permit that remain in the territory of another Member State of the European Union for the realization of temporary study programs promoted by the Union itself.”
Authorisation Residencia de Larga Duración or Larga Duración EU
When you apply for the Larga Duración authorisation, you will need to show continued residency in Spain during the 5 years of Temporary Residency. Or, at least the 2 years prior to applying in Spain and the first 3 years in another EU country, as a ‘Blue Card’-holder.
The continuity will not be affected by absences of up to 6 consecutive months, provided they do not amount to more than a total of 10 months in the 5 years, unless the absences were irregular in nature. If you had to be absent from Spain for work reasons, then absences of up to 6 consecutive months will not affect the continuity, provided they do not amount to more than a total of one year in the 5 years.
Once obtained, the following will cause the extinction of your authorisation:
when you obtained the authorisation fraudulently
if the authorities have issued an order to expel you
if you have obtained an authorisation for residency Larga Duracion EU in any of the other EU member states
if you obtained it here in Spain, based on the recognised status of international protection in another member state and that member state has revoked or denied renewal of that status
when you are absent from EU territory for more than 12 consecutive months.
“This circumstance will not apply to the holders of a temporary residence and work authorization linked through a labour relationship to non-governmental organizations, foundations or associations, registered in the corresponding general registry and officially recognized as being of public interest as cooperators, and which perform for those research projects, development cooperation or humanitarian aid, carried out abroad.”
Re Larga Duración EU, you can lose this authorisation as well if you are out of Spain for more than 6 years unless the Immigration authorities decide otherwise, based on a report from the Extranjería authorities stating exceptional circumstances to this effect.
We will add relevant facts with regards to the special status Brits, residents in Spain, will have under the Withdrawal Agreement, when in fact the UK has left the EU with such an agreement in place.
Important Update 23/06/2023 Supreme Court sentence. Please read the CAB notes carefully.
