A CHANGE in temporary residency rules means that those who spend more than six months outside of Spain will no longer have their permits revoked.

Now, individuals with temporary residence permits in Spain, which can last up to five years, can now travel abroad for more than six months within one year. 

The Spanish Supreme Court made the decision to cancel the clause in Spain’s immigration rulebook on June 20.

Although some note that the decision might not be the final word on the matter and could be superseded by future changes to the Immigration Law

The old rule meant that migration authorities could withdraw temporary residence permits from those who exceeded six months of absence within a one-year period.

This means that temporary residency status can now only be terminated through a legal process, rather than simply due to the duration of absence.

Once a person has lived in Spain for five years, non-EU nationals can apply for a long-term residency card.

However, potential confusion may arise for those seeking to upgrade their temporary Spanish residence permit to permanent status after five years. 

The existing rule that an individual cannot be absent for more than 10 months in total within the five-year period prior to the permanent permit application remains in place. 

Therefore, if expats exceed six months of absence in a year, they can renew their temporary residence permit but will not be able to upgrade it to a permanent version.


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