The Real Facts About Permanent Residency

Members often ask about their rights for an update from the green certificate to a TIE which states permanent.

This right to permanent residency described in this article, also applies to EU citizens.

“The fundamental and personal right of residence in another Member State is conferred directly on Union citizens by the Treaty and is not dependent upon their having fulfilled administrative procedures”.

Possession of a residence document is not a prerequisite for lawful residence in accordance with Union law because under Union law the right of residence is conferred directly on EU citizens by the Treaty and is not dependent upon their having fulfilled administrative procedures. On the other hand, the possession of a residence document issued under Union law does not, in itself, make the residence to be in accordance with Union law.

The right of residence is only acquired by those who are residing lawfully in Spain. Conditions:

EU citizens and UK nationals meet these conditions if they:
are workers or self-employed;
have sufficient resources and sickness insurance;
are family members of another person who meets these conditions;
have already acquired the right of permanent residence and are therefore no longer subject to any conditions.

Exemptions for persons no longer working in the host Member State and their family members
1.   By way of derogation from Article 16, the right of permanent residence in the host Member State shall be enjoyed before completion of a continuous period of five years of residence by:

Workers/self employed persons who at the time they stop working have reached pensionable age.

Early retirees- must have been working for the last 12 months and resident in Spain continuously for three years.

Workers/self employed persons who have resided continuously for more than two years and stop working as a result of impermanent incapacity if was the result as accident or occupational disease in the workplace.

Periods of involuntary unemployment duly recorded by the relevant employment office, periods not worked for reasons not of the person’s own making and absences from work or cessation of work due to illness or accident shall be regarded as periods of employment.

CAB Spain provides the facts. We cannot guarantee that civil servants at the foreigners offices will know the information from EU Directives.

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.