Recovery of Long Term Residency Status Non EU

This not applicable to citizens of the European Union and their non-EU family members.

Not applicable to those residents protected under the Withdrawal Agreement.

It relates to the recovery of the ownership of a long-term residence permit, in these cases:

When the long-term residence permit has expired due to absence from the territory of the European Union for 12 consecutive months.

When the long-term residence authorization has expired due to the acquisition of the long-term residence-EU in another Member State.

When the long-term resident foreigner returns to Spain after the period of their non-return commitment.

Foreigners who have lost the status of long-term residents may recover said status through a simplified procedure that will be developed by regulation.

This procedure will be applied above all in the case of persons who have resided in another Member State to carry out studies.

Basic Requirements:

Not be a citizen of a State of the European Union, the European Economic Area or Switzerland, or a family member of citizens of these countries to whom the Union citizen regime applies.

Not be irregularly in Spanish territory.

Have been the holder of a long-term residence permit.

Lack of a criminal record in Spain and in their previous countries of residence for crimes existing in the Spanish legal system.

Not being prohibited from entering Spain and not appearing as undesirable in the territorial space of countries with which Spain has signed an agreement to that effect.

Not suffer from any of the diseases that can have serious public health repercussions in accordance with the provisions of the International Health Regulations of 2005.

Procedure:

1. The request for recovery of the ownership of the long-term residence permit will be presented by the foreigner, personally and in the officially established model.

2. The application, addressed to the Immigration Office of the province in which you wish to establish your residence, may be submitted to the Immigration Office itself or to the Spanish diplomatic mission or consular office in whose demarcation you reside.

In case of presentation within Spain, and for the purposes of entry into Spanish territory, the provisions of articles 4 to 14 of these Regulations shall apply.

In case of presentation outside of Spain, the entry of the foreigner into Spanish territory will take place as the holder of a long-term residence permit, once estimated, where appropriate, the recovery of said condition. For these purposes, the competent diplomatic mission or consular office, upon request by the interested party, will issue a residence visa in their favour, for which the exclusive requirements will be that the applicant has been recognised as recovering the ownership of an authorisation. of long-term residence and the payment of the fee for processing the visa procedure.

3. The request for recovery of long-term resident status must be accompanied by the following documentation:

a) Ordinary passport or travel document, recognised as valid in Spain, with a minimum validity of four months.

b) Criminal record certificate issued by the authorities of the country of origin or the country or countries in which they have resided during the last five years, in which there must be no convictions for crimes provided for in Spanish law.

c) Medical certificate in order to certify that they do not suffer from any of the diseases subject to quarantine provided for in the International Health Regulations.

4. Once the request is received, the competent body will register it, leaving an immediate record of its presentation, and will introduce it in the corresponding application, in such a way that it allows the competent bodies to resolve to be aware of the request in real time.

5. Once the application is admitted for processing, the procedure will be investigated and its immediate processing will be carried out, and the report from the Central Registry of Prisoners will be obtained ex officio, as well as those from the competent services of the General Directorate of the Police and the Civil Guard. .

This last report will expressly mention whether the foreigner has fulfilled his obligations regarding the commitment not to return to Spain for three years. The commitment will not be understood to have been breached in the event of entry into Spain for the purposes of a stay lasting no more than ninety days, except in cases of irregular stay once said period has ended or, as the case may be, the validity of the extensions of stay that are they could grant.

6. The competent body, in view of the documentation presented and the reports obtained, will decide in a reasoned manner within three months from the filing of the application, in accordance with the requirements set forth in this article.

It will be understood that the resolution is favourable if the Administration had not expressly resolved within the term.

7. In the event that the resolution is favourable, the foreigner must request the Foreigner Identity Card, personally and before the corresponding Immigration Office or Police Station, within a period of one month from the notification of its granting or , if applicable, from the date of their legal entry into Spanish territory. The card will be valid for five years.

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.