Spain Revoked 6-Month Absence Rule For Temporary Residency

Spanish authorities abolished the regulation that restricts foreigners with temporary residency from spending more than 6 months in a year abroad. This groundbreaking decision in the immigration law of Spain allows foreigners to stay abroad for more than 6 months. They can leave the country without stressing about their temporary residency being revoked.

Spanish Supreme Court congregated on June 20th and the new regulations were evaluated. One of the subjects of the council was the absence period of foreign temporary TIE holders.

The prior law stipulated that spending 6 months in a year outside the Spanish territory would cause the withdrawal of the temporary residence permit in Spain. The former law allowed authorities to revoke the temporary residency of foreigners. It was seen as an overreach for the fundamental right of free movement of foreign citizens.

According to the new decisions that have passed the supreme court, this strict rule has been stretched a bit. Now, foreign temporary TIE holders can exceed the 6-month period abroad. They are free from the burden of worrying about their temporary residency right in Spain being withdrawn. The duration of their absences will no longer be the reason to take away their temporary residence permit in Spain.

The authorities have cleared that in certain circumstances, they hold the right to reverse the decision that has been made. The former 6-month rule can be reinstated when found necessary.

How Will New Regulation in Spain’s Immigration Rulebook Will Affect Expats?

The main motivation behind these new changes was to ease and promote the free movement of foreign residents staying in Spain. The former law strictly conditioned not to spend over 6 months outside the Spanish territory. This was among the main conditions if they want to keep their temporary residency.

But now, expats can freely travel, have a holiday, attend business trips, and manage their overseas interactions. This new declaration eliminates all the stressing and worrying about their residency right being taken away from them.

With the new regulation, the temporary residency of the foreigner can only be withdrawn through legislative circumstances. Now it is not solely based on the length of absence.

Want To Get a Permanent Residency in Spain? Then Pay Attention!

While easing the expat living in Spain this regulation might cause certain misconceptions. It is possible to step into a pitfall if one’s not informed well about Spanish immigration law.

There is a catch. To get a permanent Spain residence permit, the 10-month in 5 years rule still exists. Foreigners who want to get a permanent residency in Spain cannot exceed 10 months of absence from the country within 5 years.

So this means a non-EU citizen with a temporary residence permit in Spain can spend longer than 10 months abroad, only if they do not plan to get a permanent residency. If you are getting a temporary residency to upgrade it to a permanent one in the future, you should consider not exceeding 10 months in five years residency period.

It is always best to work with professional consultants along the way, such as Tekce Visa Legal Consultancy. This way you won’t get falsely affected and ruin your long-term plans because of misconceptions. Working with a consultant can help you avoid pitfalls, and help you follow the procedures according to the current law.

Know Your Options!

Spain is one of the most welcoming countries in the European Union. It stands out in the Schengen Area with expat living, lifestyle quality, and opportunities provided to non-EU citizens.

Spain’s immigration law consists of different types of residency options. There are limited-time visas, Spain residence permit by investment, or long-term residence permits in Spain. It is always good to know your options to find the most advantageous one.

By buying property in Spain residence permit is easy to get. Plus, the Spanish Golden Visa application can come with lots of advantages. These privileges include a work permit and benefit from public services like education or healthcare.

Contact our experienced sales representatives to get more information about Golden Visa by real estate investment in Spain.