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Cheryl

Posted: Tue Oct 19, 2021 3:09pm

Cheryl

Legendary helpful member

Posts: 2973

3538 helpful points

Location: Albatera

Joined: 8 Jun 2017

Posted: Tue Oct 19, 2021 3:09pm

I have finally found the article I was referring to;
https://www.immigrationspain.es/en/maximum-time-outside-spain-without-losing-residency/ 

Under the heading "With a Temporary Card", which I believe it now is for the first 5 years, it says;

With a temporary card

Article 162.2 of Royal Decree 557/2011 establishes the maximum period of absence allowed with those cards.

In order to know the maximum time you can be out of the country with a temporary residence, you must take into account two different conditions

  • Firstly, you must not be outside Spain for more than 6 months within a period of one year.
  • In the case of sporadic departures (in your first year in the country 1 month, in the second 3 months, etc.); the sum of these periods outside Spanish territory during the last 5 years may not exceed 1 year.

If you comply with these two requirements, you may keep your residence card and renew it (as long as you comply with all the other renewal requirements, which are different according to the type of residence).


This applies, for example, to the non-profit residence or the golden visa.

Am I reading this wrong? I would really appreciate it if someone with more knowledge could provide guidance on this.


Carol1962

Posted: Wed Oct 20, 2021 4:15pm

Posts: 16

25 helpful points

Joined: 18 Mar 2020

Posted: Wed Oct 20, 2021 4:15pm

Cheryl wrote on Fri Oct 15, 2021 11:17am:

Congratulations!

With the non lucrative visa you are not allowed to be out of Spain for more than 12 months in the first 5 years so if you spend 3 months every year in the UK you will breach the terms of the visa so make sure you keep this in mind when planning your visits because your movements in and out of the...

... Schengen Zone will be monitored now.

All the best with your new venture.

We have been told that with the NLV you can’t leave Spain to go anywhere in the world for more than 10 months in the first 5 years in total. We were all set to move over, but that has put us off. We’ll continue as we are. Life is fabulous here, so enjoy.

Carjelk60

Posted: Wed Oct 20, 2021 6:37pm

Carjelk60

Original Poster

Posts: 22

4 helpful points

Location: El Campello

Joined: 14 Oct 2021

Posted: Wed Oct 20, 2021 6:37pm

Carol1962 wrote on Wed Oct 20, 2021 4:15pm:

We have been told that with the NLV you can’t leave Spain to go anywhere in the world for more than 10 months in the first 5 years in total. We were all set to move over, but that has put us off. We’ll continue as we are. Life is fabulous here, so enjoy.

Newbie again - if (like us) you are acquiring said Visa to enable you to live in Spain, why would that even be an issue? Yes we will pop back to England to see friends, in high summer (July/August) plus I have extended family in Denmark. But the whole point of the NLV is surely to be able to live in Spain 🇪🇸 - as in live? 

Cheryl

Posted: Wed Oct 20, 2021 6:49pm

Cheryl

Legendary helpful member

Posts: 2973

3538 helpful points

Location: Albatera

Joined: 8 Jun 2017

Posted: Wed Oct 20, 2021 6:49pm

Carjelk60 wrote on Wed Oct 20, 2021 6:37pm:

Newbie again - if (like us) you are acquiring said Visa to enable you to live in Spain, why would that even be an issue? Yes we will pop back to England to see friends, in high summer (July/August) plus I have extended family in Denmark. But the whole point of the NLV is surely to be able to live...

... in Spain 🇪🇸 - as in live? 

I totally agree with you but  some people want to divide their time roughly equally as they did before Brexit but they may come unstuck if they spend too much time outside of Spain in the first 5 years.

Carjelk60

Posted: Wed Oct 20, 2021 7:00pm

Carjelk60

Original Poster

Posts: 22

4 helpful points

Location: El Campello

Joined: 14 Oct 2021

Posted: Wed Oct 20, 2021 7:00pm

Cheryl wrote on Wed Oct 20, 2021 6:49pm:

I totally agree with you but  some people want to divide their time roughly equally as they did before Brexit but they may come unstuck if they spend too much time outside of Spain in the first 5 years.

But if they were already living in Spain before the dreaded 31 December, and intended staying here, would they not have obtained their TIE, proof of Resedencia or whatever, negating any need for further action? Friends have all of this, and so they are off the hook. Covid really did for our plans of coming out in 2020 and applying well ahead of that deadline, for all of the required documentation so we wouldn't have to jump through hoops! But we couldn't risk travelling, OH is asthmatic so travelling before being vaccinated was something that we simply couldn't risk. Never mind, NIE application underway at least.

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Cheryl

Posted: Wed Oct 20, 2021 7:15pm

Cheryl

Legendary helpful member

Posts: 2973

3538 helpful points

Location: Albatera

Joined: 8 Jun 2017

Posted: Wed Oct 20, 2021 7:15pm

You would think, yes, but some appear to have stuck their fingers in their ears and hoped it would all just go away, thousands have been living  here illegally for years.
As you said originally, you plan to spend just 9 or 10 months a year in Spain but you need to check if this will cause problems for you in the first 5 years. 
If you spend 3 months in the UK in year 1, all well and good, then you spend 3 months the next year, still good, and for the year after and for the year after that but this means you will have spent 12 months out of Spain by the end of year 4 which leaves you no more time to leave Spain in year 5. At least that is how I read it with the link I provided earlier.

Jackie adam

Posted: Wed Oct 20, 2021 7:26pm

Posts: 37

31 helpful points

Location: Benidorm

Joined: 28 Jan 2021

Posted: Wed Oct 20, 2021 7:26pm

Carjelk60 wrote on Thu Oct 14, 2021 9:17pm:

Hello! Today we began our next life adventure, bought a lovely static on El Cortijo site. We are 60 and 67, so delighted to have found this beautiful location. Lots ahead, application for Non Lucrative Visa, as we plan to live in Spain 9 to 10 months of the year. So many questions and times ahead...

...! 

Where abouts is your static home based as that is what I'd love to do buy a static on a sight

Carjelk60

Posted: Wed Oct 20, 2021 7:35pm

Carjelk60

Original Poster

Posts: 22

4 helpful points

Location: El Campello

Joined: 14 Oct 2021

Posted: Wed Oct 20, 2021 7:35pm

Jackie adam wrote on Wed Oct 20, 2021 7:26pm:

Where abouts is your static home based as that is what I'd love to do buy a static on a sight

El Cortijo, just outside Pinoso, near the Murcia border. Lots of statics for sale, with very reasonable prices, plus you can live in it as a permanent home, unlike the UK! 

Carjelk60

Posted: Wed Oct 20, 2021 7:43pm

Carjelk60

Original Poster

Posts: 22

4 helpful points

Location: El Campello

Joined: 14 Oct 2021

Posted: Wed Oct 20, 2021 7:43pm

Cheryl wrote on Wed Oct 20, 2021 7:15pm:

You would think, yes, but some appear to have stuck their fingers in their ears and hoped it would all just go away, thousands have been living  here illegally for years.
As you said originally, you plan to spend just 9 or 10 months a year in Spain but you need to check if this will ...

...cause problems for you in the first 5 years. 
If you spend 3 months in the UK in year 1, all well and good, then you spend 3 months the next year, still good, and for the year after and for the year after that but this means you will have spent 12 months out of Spain by the end of year 4 which leaves you no more time to leave Spain in year 5. At least that is how I read it with the link I provided earlier.

Aha, that's only a rough guestimate, if it needs to be less, then so be it. We intend Spain to be our Home, not a holiday/part time affair, and as soon as its possible to apply for full Residencia that's our intent. We do not see the UK as "home", once we've made the move, this has been our plan for many years, now. Covid just delayed it. Not sure how it would be possible to live "under the radar", having read up about ETIAS being rolled out over 2022, I guess a lot of folk may not be too keen on that? ! 

Carjelk60

Posted: Wed Oct 20, 2021 7:55pm

Carjelk60

Original Poster

Posts: 22

4 helpful points

Location: El Campello

Joined: 14 Oct 2021

Posted: Wed Oct 20, 2021 7:55pm

Cheryl wrote on Tue Oct 19, 2021 3:09pm:

I have finally found the article I was referring to;
https://www.immigrationspain.es/en/maximum-time-outside-spain-without-losing-residency/ 

Under the heading "With a Temporary Card", which I believe it now is for the first 5 years, it says;

With a temporary card

Article 162.2 of Royal Decree 557/2011 establishes the maximum period of absence allowed with those cards.

In order to know the maximum time you can be out of the country with a temporary residence, you must take into account two different conditions

Firstly, you must not be outside Spain for more than 6 months within a period of one year.In the case of sporadic departures (in your first year in the country 1 month, in the second 3 months, etc.); the sum of these periods outside Spanish territory during the last 5 years may not exceed 1 year.

If you comply with these two requirements, you may keep your residence card and renew it (as long as you comply with all the other renewal requirements, which are different according to the type of residence).


This applies, for example, to the non-profit residence or the golden visa.

Am I reading this wrong? I would really appreciate it if someone with more knowledge could provide guidance on this.


Thanks Cheryl that is extremely helpful. As I've said in other posts our retirement plans have always been to buy a property and move to Spain, to live full time, not just 90 days, it's a beautiful country, we took time to decide on our preferred area to live, Valencia/Murcia provinces being the favourites. Spanish lessons going well, OH conducted an entire transaction involving car parking and finding a photo booths ( for our NIEs) entirely in Spanish, today! I am catching him up.. :) 😀😃

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