I spent several months outside of Spain, will I lose my residency rights?

When obtaining your residency in Spain, for most that means months of waiting and jumping through many different administrative hoops, you may feel like the process is complete and you do not even want to look at another requirement until it is time to renew your card.

Unfortunately, there are still requirements you have to adhere to in order for your residency to remain valid. One of which is the maximum length of stay abroad.

The maximum periods of stay abroad vary depending on the residence card you have, so we are going to analyze these periods for the most common types of cards.

1. Temporary residence cards under the general regime

These are generally residence permits granted for non-lucrative residence, for work permits or “arraigo". Normally, these residence permits are valid for a duration of one or two years.

In these cases, you can only travel abroad for a maximum of six months within a one-year period. In other words, if you are not in Spain for at least six months in a period of one year, your card will be considered extinguished and you will not be able to renew your residence permit.

2. Temporary residence cards in the “comunitaria” regime

Another possibility is that you have a temporary residence card valid for five years, for being the family member of a an EU citizen.

In this case, the maximum time is the same, that is, you will have a maximum of six months within a year to travel abroad. In addition, the time you are away may not exceed one year in the total five year period.

It is important to note that there is an exception to the rule whereas the six months can be increased to twelve in some specific cases, due to work, pregnancy, illness or transfer of a family member.

3. Permanent residence cards in the “comunitaria” regime

It is possible that you have been legally residing in Spain for more than five years and that you have been granted a permanent residence card for being a family member of an EU citizen. In this case you will be able to live and work in Spain indefinitely, although you will have to renew your card every ten years.

If this is your case, you can be abroad for a maximum of two years continuously until you have to renew your card. Here, your residency right is permanent, as It says in its name, it is merely the card that can be extinguished for your absence.

4. Long duration EU cards in the general regime

In the same way as the permanent card within the “comunitaria” regime, the long duration residence permit is one that authorizes you to reside and work in Spain indefinitely under the same conditions as Spaniards, however the physical card must be renewed every five years.

In this case, you may stay abroad (outside of the European Union) for a maximum period of one year. This means that if you remain in the European Union, but are outside of Spain, that period does not apply.

What happens if I spend more time than allowed outside of Spain?

In practice, you will not be prohibited from entering the country while your card is valid, but sooner or later you will have to face one of the following two situations:

a) It is possible that the authorities detect that you have spent more time outside the country than allowed and initiate a procedure for the cancellation of the card.

b) You will not be allowed to renew your residency when it is time to do so.

Can I get my residency back if I have been outside of Spain for longer than allowed?

This again depends on the type of card you have.

In the event that your residence permit is temporary, your right and your card will be extinguished, in such a way that you will not be able to renew the card and you will have to start the process all over again to obtain a new temporary residence permit.

On the other hand, if your permit is permanent or of long duration, your right to reside in the country is indefinite, even if you have to renew your card every five or ten years. This means that, if you spend more time outside of Spain than is allowed, even if your card is extinguished, there are ways to get it back.

Do not lose your right of residence for not complying with the requirements of the law.

If you need an assessment of your particular situation, send us a WhatsApp or call us at +34610632963 or write to us at contact@nietojones.com.