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Residency - Overstaying the 6 months in the UK

Posted: Fri Mar 4, 2022 5:05pm
3 replies295 views8 members subscribed
Janet2K18

Posts: 10

1 helpful points

Location: Cabo Roig

Joined: 13 Nov 2018

I have a TIE residency card which I have had since December 2020. Has anyone had to contact the Spanish embassy in London regarding overstaying the 6 months in the UK due to medical reasons. If so, was it straight forward? Thanks


Cheryl

Posted: Sat Mar 5, 2022 11:34am

Cheryl

Legendary helpful member

Posts: 2973

3538 helpful points

Location: Albatera

Joined: 8 Jun 2017

Posted: Sat Mar 5, 2022 11:34am

In your position I would contact an immigration lawyer in Spain before I contacted the Embassy as there are ways of giving information across!
The circumstances will be particular to you so someone else's experience would not be relevant.
I expect it would depend on when you left Spain, when the medical emergency arose, why you could not get the same treatment in Spain, if the condition meant you were unable to return to Spain to get treatment and so on.

PeterPan

Posted: Sat Mar 5, 2022 12:03pm

PeterPan

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Posts: 641

582 helpful points

Location: Almoradí

Joined: 1 Aug 2020

Posted: Sat Mar 5, 2022 12:03pm

Janet2K18 wrote on Fri Mar 4, 2022 5:05pm:

I have a TIE residency card which I have had since December 2020. Has anyone had to contact the Spanish embassy in London regarding overstaying the 6 months in the UK due to medical reasons. If so, was it straight forward? Thanks


I'm just wondering if anyone would know that you've spent longer than 6 months away from Spain. Does anyone check?

The one way it might be queried is if you didn't pay your Spanish tax for the year in question. If you pay your Spanish income tax for that period then I don't think there will be a problem.

Kimmy11

Posted: Sat Mar 5, 2022 10:49pm

Kimmy11

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Posts: 6871

12565 helpful points

Joined: 8 Aug 2017

Posted: Sat Mar 5, 2022 10:49pm

Hi Janet,


Whilst people who have temporary residence, i.e. less than 5 years, should not leave Spain for more than 182 days in a 12 month period, there is an exception allowed of 1 absence, up to a maximum of 12 consecutive months, for "important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in another Member State or a Third County".  Perhaps your absence falls within this exception?  As Cheryl suggests, contact a Spanish immigration lawyer to see whether there's anything you need to do to formalise the situation, or whether you just need to make sure you have documentary evidence supporting the necessity of your absence when you return to Spain:

https://www.pellicerheredia.com/en/rojales-lawyers/?utm_source=Google&utm_medium=My%20Business

Kind regards,

Kim

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