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I have residency but ?

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Posted: Wed Sep 4, 2019 11:20pm
2 replies139 views2 members subscribed
Lesleyrose

Lesleyrose

Helpful member

Posts: 334

Location: Playa Flamenca

239 helpful posts

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

jimtaylor

jimtaylor

Legendary helpful member

Thu Sep 5, 2019 5:53am

Posts: 3814

Location: Almoradí

5240 helpful posts

Posted: Thu Sep 5, 2019 5:53am

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.


Lesleyrose

Lesleyrose

Original Poster

Helpful member

Thu Sep 5, 2019 7:28pm

Posts: 334

Location: Playa Flamenca

239 helpful posts

Posted: Thu Sep 5, 2019 7:28pm

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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