I have residency but ?
Helpful member
I have been here for 2 years now unfortunately I have to return to the UK from 3 months to 1 year ...
Will I have to apply for residency again and my SiP card
Thank you in advance
Les
Helpful member
I have been here for 2 years now unfortunately I have to return to the UK from 3 months to 1 year ...
Will I have to apply for residency again and my SiP card
Thank you in advance
Les
Posted: Thu Sep 5, 2019 5:53am
Legendary helpful member
If your absence takes place whilst the UK are still in the EU, or during a transition period, then the length of absences shouldn't be monitored, so you should be OK. I assume you've got an EHIC-E, which would cover you for emergency treatment in the UK, whilst remaining in the Spanish health system.
Post Brexit, when lengths of stay and absence will be monitored, all I can do is tell you what the law says:
Real Decreto 557/2011
TITLE VII
Termination of residence or residence and work authorizations
Article 162. Termination of the temporary residence authorization
The termination of the temporary residence authorization, except in the cases specifically regulated in other articles of this chapter, will occur in accordance with the provisions of this article.
2. The authorisation for temporary residence shall expire by resolution of the competent body for its granting, in accordance with the procedures laid down in current legislation for the procedures for granting, modifying and extinguishing authorisations, when the concurrence of any of the following circumstances is established:
e) When he stays outside Spain for more than six months in a period of one year.
I don't know how they define 'year' - whether they're referring to a calendar year or a twelve month period. I'd guess calendar year.
Posted: Thu Sep 5, 2019 7:28pm
Helpful member
Yes this seems ok as 1 year is not going to happen 3 to 6 months seems to be ok Jim .... just taking the wee one back and wait until she is settled
Thank you Jim once again warm wishes to your wife 💖
Lesley
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