Applying for Residency in Spain

I'm afraid that the rules are as you mentioned. It ensures that if you are applying to be permanent residents in Spain you must be committed to the taxation periods and not flouting any residency requirements. It may suit you better visiting Spain and staying within the 90 day rule.

Steve 

And while you hold a temporary resident card, for the first 5 years, your passport will be stamped and recorded (if the border guard knows the rules). The idea is that you are committed to being resident in Spain. 

Yep, them's the T's&C's so it's up to you to accept them or not.

I Agree with all of the above, that applies if you are going down the NLV route. I guess this is the plan?

If your applying for residency with an EU passport or off the back of one, it’s much more flexible.

The Spanish government has set the limit at six months per year. Any more than that can cause issues for those working on permanent residency applications.

What’s more, if you’re interested in applying for permanent residency, you could be rejected if you have spent more than a total of 10 months ​outside of Spain in those 5 years. So, make sure you keep track of all your trips outside of the country.

However, the Supreme Court of Spain has recently made a major decision that has significant implications for foreign citizens holding temporary residence permits.

In a groundbreaking ruling, the Court declared article 162.2 of the Regulation of the Law on Foreigners as null and void. This article previously established that if a foreign citizen with a temporary residence permit in Spain spent more than six months outside of Spain within a year, their residence permit could be terminated.

The Court also suggested that the Spanish parliament might consider passing a specific law on this matter.

The following links provide more indepth detail:

https://costaluzlawyers.es/blog/supreme-court-in-spain-rules-temporary-residency-cannot-be-revoked-after-a-six-month-absence/

https://www.lexidy.com/blog/spain-permanent-residency/

I have never had my passport stamped since becoming resident. Show passport and TIE on leaving and entering Spain. Show passport in the UK. I am on my temporary residency within the first 5 years. I should technically be permanent resident as I became resident 5 years in December 2023 but as the TIE doesn't run out yet they are just replacing it with a temporary one after a change of address.

Just in case you aren"t aware of this but permanent or long-term residency does not come automatically to anyone who has been resident in Spain for 5 years, you have to submit an application  It is at the application stage the applicant must provide evidence they have been permanently residing in Spain for the past 5 years. The following links provide additional information:

https://www.immigrationspain.es/en/long-term-residency/

https://iasservices.org.uk/es/residency/permanent-residency-in-spain/#:~:text=If%20you%20want%20to%20move,to%20apply%20for%20Spanish%20citizenship.

https://administracion.gob.es/pag_Home/en/Tu-espacio-europeo/derechos-obligaciones/ciudadanos/residencia/obtencion-residencia/residencia-permanente.html#:~:text=Citizens%20of%20a%20Member%20State,continuous%20period%20of%20five%20years.

And, as I said, if the border guard knows the current rules. I have had people say they get their passport stamped and others in the same situation haven't had them stamped. I suppose when the automatic scanning eventually comes in everyone will go through the same procedure.

Not sure if it was this site but someone did mention they had been told their residency would be cancelled as they had spent a lot of time outside Spain but didn't see a follow up about it. 

Eurostat, up until Q3 last year, states Spain has not removed anyone from UK due to visa expiry or running over although they have expelled many other 3rd country nationals. 

I'm pretty sure in the last 5 years I have seen numerous border control guards. Both at the ferry ports and at the airports. Are you implying that all the border control staff I have been to sodn't know their job? If you show your TIE they will not and should not stamp your passport.