Spain Eases Rules for Foreigners with Temporary Residence Permits

The Spanish authorities have recently announced a significant change in regulations concerning foreigners holding temporary residence permits in the country.

According to the latest updates, foreign nationals with temporary residence permits will no longer face strict rules as before, allowing them more flexibility in their travel and stay.

Longer Absences Allowed for Permit Holders

Previously, foreign nationals with temporary residence permits risked having their permits revoked if they spent more than six months outside the territory of Spain. However, the recent decision by the Spanish Supreme Court on June 20 has altered this rule.

As a result, individuals holding temporary residence permits can now travel abroad for more extended periods, exceeding six months within a year, without jeopardizing the status of their permit.

Safeguarding Residency Rights

Despite the change in rules, the Spanish authorities have emphasized that they retain the power to reinstate previous regulations if necessary. Under the previous rules, the authorities had the discretion to cancel the residence permit of those who did not comply with the six-month stay requirement in Spain.

With the recent update, the termination of temporary residency status can only occur through a legal process when the authorities deem a person ineligible for the permit, unrelated to the duration of their absence in Spain.

Also Read: Spain’s Digital Nomad Visa is Now Open for Applications

Transition to Long-Term Residency Permit

Temporary residence permits in Spain can last up to five years. After residing in the country for this duration, foreign nationals can apply for a long-term residency permit.

However, potential confusion may arise for those seeking to upgrade their temporary permits to permanent status following five years of residence in the country.

Limitations on Permanent Residency Upgrade

The current rule states that non-EU citizens must not stay out of the country for more than ten months within a five-year period before applying for a permanent residence permit.

Therefore, while foreign nationals can renew their temporary residence permits even after staying out of Spain for more than six months, they will not be eligible to upgrade to permanent residency if their cumulative absence from the country exceeds ten months within five years.

Requirements for Spanish Temporary Residence Permit Application

For non-EU citizens applying for a Spanish temporary residence permit, the following documents must be submitted:

• Passport and photocopy
• Certificate of criminal record
• Three passport-size photographs
• Proof of travel health insurance purchase
• Completed application form for the permit

These updates signify a more lenient approach by Spanish authorities towards foreigners with temporary residence permits, granting them greater flexibility in their travel plans while retaining their residency rights. However, foreign nationals seeking long-term residency must still adhere to the specified limitations to be eligible for permanent status.