Time outside of Spain - Residency in Albatera: padron, residencia and passport advice - Albatera forum - Costa Blanca forum in the Alicante province of Spain
interior building work
Jennifer Cunningham Insurances SL
James Spanish School
Torrevieja Property Services
ASSSA Insurance
Safety Expert Ltd
Gran Alacant Insurances
ImadSpain
Expat Services
Montessori British school Murcia
Mhh TEXTIL  by  My HOMYHOME
HEALTH INSURANCE ADESLAS
AA Free English TV
Harmony FM
Advisors Costa Blanca

Join the Albatera forum

Join the Albatera forumMy name's Alex and this is my website all about Albatera in Spain. Register now for free to talk about Residency in Albatera: padron, residencia and passport advice and much more!

Time outside of Spain

Posted: Wed Jun 22, 2022 12:07pm
3 replies112 views3 members subscribed
Cheryl

Cheryl

Legendary helpful member

Posts: 2999

3473 helpful points

Location: Albatera

Joined: 8 Jun 2017

I have found this on another forum. I make no comment on how correct this information is as I don't know but if it IS all correct it explains things clearly. Kimmy 11, if you know any of this to be false information, could you let me know please and I will remove it."With regard to absence from Spain.

A visa attained resident must be in Spain at least six months (183 days) of every *residency year in order to meet the requirements of the visa, exceed 6 months and you lose residency altogether.

If you exceed 10 months cumulative in five years (and keep to 6 months each 12) then you will NOT lose residency rights. HOWEVER you will not achieve permanent residency if you do this. To be granted permanent residency you must show five years of residency where you do not exceed 10 months outside of Spain, these years don't need to be consecutive (so it could take several years to get 5 years that are valid if, for example, some years you are outside Spain for only a couple of months but out for 6 months in others).

This can be significant as until you achieve permanent residency you need to keep meeting the rules of the visa (healthcare, financial needs, not working if NLV, etc) which is why most people try to stick to the 10 months total in the first five years to get beyond that.

Permanent residency isn't automatic at the five year point for visa residents, like it is for EU/ withdrawal agreement residents, but is something the person must apply for and have achieved all requirements in order to be granted it.

Once permanent the visa requirements fall away, you can work (if you were NLV before), don't need the finances etc, and you can then be absent from Spain for up to a year at a time. If you lose permanent residency as a visa attained resident by exceeding the 12 month absence then regaining residency is done under the same requirements as an EU citizen and not the same requirements you initially applied under i.e. it's a lot easier to restart lost permanent residency. (This is not the case for withdrawal agreement residents who have the opposite case if they exceed their five year permitted absence once permanent, they then need to achieve the visa rules to return).

*A residency year (and the year these six and 10 month periods need to fall into) is the year starting and finishing at your TIE expiry date. So if your TIE expires 16th August then your residency year is 17th August to the following 16th August."

Darro

Posted: Wed Jun 22, 2022 1:28pm

Darro

Helpful member

Posts: 450

432 helpful points

Location: Catral

Joined: 8 Sep 2021

Posted: Wed Jun 22, 2022 1:28pm

All correct I believe.

Some think they can get an NLV then come and go as they please but that's not the way it works, when you apply to become resident in Spain you are expected to actually live here.

Kimmy11

Posted: Wed Jun 22, 2022 7:06pm

Kimmy11

Legendary helpful member

Posts: 5502

10385 helpful points

Joined: 8 Aug 2017

Posted: Wed Jun 22, 2022 7:06pm

Hi Cheryl,

I haven't previously seen the part about the 5 years 'temporary' visa residency not needing to be consecutive; if correct, that could be useful for people who have an urgent requirement to be absent for an extended period, such as wanting to care for a family member at end of life.  However, as the article suggests, I'm sure most people would want to achieve their 'permanent' residency asap.  That said, I've read, as recently as a couple of weeks ago, another article to the contrary, so I'd be grateful if you could provide a link to the source of the information - if that would break CBF rules, would you mind PM'ing it to me?

Many thanks and kind regards,

Kim

Cheryl

Posted: Thu Jun 23, 2022 1:31pm

Cheryl

Original Poster

Legendary helpful member

Posts: 2999

3473 helpful points

Location: Albatera

Joined: 8 Jun 2017

Posted: Thu Jun 23, 2022 1:31pm

Kimmy11 wrote on Wed Jun 22, 2022 7:06pm:

Hi Cheryl,

I haven't previously seen the part about the 5 years 'temporary' visa residency not needing to be consecutive; if correct, that could be useful for people who have an urgent requirement to be absent for an extended period, such as wanting to care for a family member at end of life. ...

...; However, as the article suggests, I'm sure most people would want to achieve their 'permanent' residency asap.  That said, I've read, as recently as a couple of weeks ago, another article to the contrary, so I'd be grateful if you could provide a link to the source of the information - if that would break CBF rules, would you mind PM'ing it to me?

Many thanks and kind regards,

Kim

Hi Kim, thanks.
I will have to try to find it again!!!
Am busy this week with family but at least you have put the query out there now which gives me, or someone else (?) a chance to fact check.
I have found this

  • Generally, applicants who have been out of the country for more than 10 months in the initial 5 years, or 12 in case work reasons -provided they have not exceeded been out of Spain for more than 6 months continuously-, can still renew for 2-year temporary periods, indefinitely, if they do not qualify for the 5-year card.

from https://spainresidency.com/blogs/what-is-continued-residency-in-spain/

Will pm you the link when I find it.

Thanks again Kim.

Sign up for free or login to reply to this topic

Want to reply to this topic? Login or register for free to post your message:

Find more Padron, residencia and passport advice topics from a particular area:


Register for free!

Login to your account

James Spanish School
Mhh TEXTIL  by  My HOMYHOME
AA Free English TV
Expat Services
Montessori British school Murcia
Torrevieja Property Services
ASSSA Insurance
Gran Alacant Insurances
HEALTH INSURANCE ADESLAS
Advisors Costa Blanca
Harmony FM
ImadSpain
Jennifer Cunningham Insurances SL
interior building work
Safety Expert Ltd
Advertise your business here
Advertise your property
Help with my computer