Returning to Spain

Even if it has run out, as an EU citizen you can simply apply to go on the register of EU foreign citizens resident in Spain and then get your husband on a spouse visa.

If you try to claim you have been resident for that time they might query why you haven't submitted tax returns as I assume you didn't cancel your residency when you left. I'd say just apply again. It only costs about 12 euro tax for the appointment and show you have medical insurance (either private or state if over pensionable age) and an income of 600 euro a month.

Hi Angela,

As an EU citizen, reinstatement of your regularity in Spain is relatively easy, notwithstanding any tax implications.  

However, assuming that your husband is a UK citizen, did he obtain his residency prior to the Brexit transition deadline, i.e. before 31 December 2020?  If so, his residency is with the benefit of the Withdrawal Agreement and not dependent on your status as an EU citizen.  Or, did he obtain residency as the family member of an EU citizen after the Brexit deadline, in which case his residency is dependent on yours.  In both cases, theoretically his residency ceases to be valid once he has been absent from Spain for more than 1 year.  However, I would speak to a specialist immigration lawyer to explore the options and implications, and decide how to proceed before attracting the attention of either immigration or tax authorities.

I've dealt with Pellicer & Heredia Abogados in Rojales, Costa Blanca South, and would recommend them for members in this area - I see that they also have offices in Denia, although I have no experience of the personnel in that office.

Kind regards,

Kim

With a temporary resident card Article 162.2 of Royal Decree 557/2011 establishes the maximum period of absence allowed with these cards. 

The contents of this link explains the maximum amount of time you can be out of Spain with a temporary residence card:

https://www.immigrationspain.es/en/maximum-time-outside-spain-without-losing-residency/#:~:text=With%20a%20temporary%20card,absence%20allowed%20with%20those%20cards.&text=Firstly%2C%20you%20must%20not%20be,a%20period%20of%20one%20year.

Family members of citizens of the European Union or of the States of the European Economic Area (EEA) or Switzerland are entitled to a preferential free-of-charge visa, provided that they are travelling with the citizen of the European Union, the EEA or Switzerland or are on the way to joining them. 

The following link explains how your partner can obtain this visa:

https://www.exteriores.gob.es/Consulados/Manchester/en/ServiciosConsulares/Paginas/Consular/Visados-para-familiares-de-ciudadanos-de-la-Union.aspx

Hi Kimmy

Thank you for your very helpful advice. Yes my husband as well as myself applied for Residency before the Brexit deadline, does this make recovery of our residency cards easier? I find it very confusing! 

Many thanks

Angela 

Thank you very much for replying and the links you sent too.  I have read through them and hopefully we can recover our residency cards.

Kind regards

Ange

Thank you for your very helpful reply and advice.

Kind regards
Angela 

Hi Angela,

Your residency, as an EU citizen, isn't really the issue, although the submission of your first(?) Spanish tax return may attract the attention of the AEAT.  

My concern is whether your husband's Withdrawal Agreement residency is more 'valuable' than reapplying as the spouse of an EU citizen.  I don't believe any of us can advise you on that; in your situation, I would speak to a specialist.

Kind regards, 

Kim