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Can I Lose My Right To Residency In Spain?

Posted in: Residency, Travel,
Author: Myra Cecilia Azzopardi
Tags: , ,

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, work, vocational training or a posting to another country. (Spanish royal decree) two years consecutively (European directive).

Permanent residents

The above also applies with the difference that, you can 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.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.

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