Without Time Limits: The Supreme Court Protects Temporary Residence In Spain, Even If There Are Long-term Absences From The Country

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Fakhoury Global Immigration
Contributor
At Fakhoury Global Immigration, our motto is Global Vision, Personal Attention. We provide our clients with the most comprehensive legal immigration services available while tailoring them to their specific requirements. Offering a full range of immigration legal services, we aspire to be the one-stop solution for all our clients’ global and U.S.-based needs. Our team of lawyers and paralegals are specialists in all U.S. and major international visa classifications. We provide comprehensive and peerless legal services that are cost-competitive, custom tailored, fully compliant, and successful in achieving our clients’ objectives.
The Supreme Court has ruled that the provision in the Immigration Law regarding the cancellation of temporary residence permits based on absences exceeding six months in one year is no longer valid.
Spain Immigration
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The Supreme Court has ruled that the provision in the Immigration Law regarding the cancellation of temporary residence permits based on absences exceeding six months in one year is no longer valid. As this article was not included in an Organic Law – which has higher legal authority – it can possibly be reintroduced at some point in the future. Detailed legal argumentation can be found in the linked text.

This issue has important implications that must be considered in the different types of residence authorizations that are available:

  • Individuals with valid temporary residence permits can extend them without issue, regardless of how long they have been out of Spain during a single-year span. However, that could change if a law puts an upper limit on absences. One must also meet criteria in accordance with their residence permit, such as working at least 3 months a year if they have a residence and work permit, or having adequate financial means and private health care insurance for non-lucrative residence.
  • The Spanish government recently amended the law to allow titleholders of non-profit residences to keep their permits, even if they are absent from Spain for over 183 days. Previously, this was not possible and investors of non-profit residences had to spend at least six months in Spain in order to retain their residence status. Now, therein lies the important implication that one can remain a non-residence tax citizen in Spain if they are not in the country for more than 183 days.
  • To apply for a long-term residence permit in Spain, the law states that absences away from the country cannot exceed 10 total months in the 5 years leading up to the application. This rule has not changed, meaning that if a person has been outside of the country for 6 or more months in one year, they may be able to renew a temporary residence permit, but they will not be able to obtain a long-term residence authorization.
  • Regarding applications for nationality by residence, some aspects need to be considered. Currently, the concept of "effective residence" is used to grant Spanish nationality. This means that applicants must prove their link to the Spanish territory and demonstrate that they have been living in the country regularly without any prolonged absences. Each applicant must be evaluated to ascertain whether they have effectively resided in Spain regardless of any absences, or whether they should not be granted nationality even if they have shown legal and continuous residence before the application.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Without Time Limits: The Supreme Court Protects Temporary Residence In Spain, Even If There Are Long-term Absences From The Country

Spain Immigration
Contributor
At Fakhoury Global Immigration, our motto is Global Vision, Personal Attention. We provide our clients with the most comprehensive legal immigration services available while tailoring them to their specific requirements. Offering a full range of immigration legal services, we aspire to be the one-stop solution for all our clients’ global and U.S.-based needs. Our team of lawyers and paralegals are specialists in all U.S. and major international visa classifications. We provide comprehensive and peerless legal services that are cost-competitive, custom tailored, fully compliant, and successful in achieving our clients’ objectives.
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