In this post we explain, how long can a non-eu resident be outside of Spain and still maintain temporary residence?
One of the most common concerns for international residents is understanding how much time they can spend abroad without jeopardizing their residency status. The answer depends entirely on the type of residence permit you hold, as each has specific rules regarding absences from Spanish territory.
Quick Navigation:
In this post we cover the following: (click any section to see its content)
How long can a non-eu resident be outside of spain and still maintain temporary residence?:
Listen to our blog: Click-here to see how
- If a legal resident spends a long time outside spain but has a valid residence card, can they return? »
- General immigration law »
- Community Regime »
- Other types of residency available in Spain »
- Schedule an appointment with a solicitor »
1) If a legal resident spends a long time outside spain but has a valid residence card, can they return?:
This is a frequent question we receive at SpainResidence.com from foreigners who have returned to their home countries for extended periods—sometimes even years—while their Spanish residence permits remain technically valid.
The critical question is: can they simply return to Spain using that valid card, or will their prolonged absence create problems at the border?
The answer is not uniform. Each type of residence permit has specific regulations dictating how long you may remain outside Spain. Exceeding these limits can result in the termination of your residence authorization, meaning you could lose your legal status upon return or shortly after entering the country.
2) General immigration law:
Here are the current allowable periods of absence for residents under the general immigration regime:
- Long-Term or Long-Term EU Residence Cards: You may not spend more than one continuous year outside the European Union. Exceeding this limit can lead to the termination of your permit.
- Important Legal Update (June 20, 2023): The Supreme Court has annulled Article 162.2.e) of Royal Decree 557/2011, see-here, which previously allowed for the termination of temporary residence due to absences exceeding six months within a one-year period. As of now, there is no longer a cause for termination of temporary residence for this specific reason. You can read more about this significant change [here].
3) Community Regime:
For residence cards governed by the Community Regime (family members of EU citizens), the rules are different:
Initial Family Residence Card (of an EU Citizen): You are generally limited to absences of six months within a one-year period.
Exceptions: This period can be extended for longer absences if they are due to:
– Military obligations.
– Pregnancy, childbirth, or postpartum recovery.
– Serious illness.
– Studies or professional training.
– Professional transfers to another Member State or a third country (absences must not exceed twelve consecutive months).
Permanent Community Residence Card: Holders may be absent from Spain for up to two continuous years without losing their status.
4) Other types of residency available in Spain:
- Digital-Nomad visa Spain (Remote worker in Spain)
- Non-Lucrative Visa Spain (Spanish visa non lucrative)
- Student-Visa Permit (Student-Visa & up-to 30 hours work per week)
- Self-Employed Visa Spain (Self employed expats in Spain)
- Visa-Categories in Spain (Arraigo, Special Cases, etc.)
Immigration procedures and immigration regulations change regularly, and it is crucial to stay updated with the most recent information from a reliable source. If you have any questions or concerns about your situation, we advise to consult an immigration authority or legal professional who specializes in immigration matters.
We offer Spanish Residence Services and can assist you with most Spanish legal processes.
Permanent residency is permitted after 5 years of Temporary Spanish Residency through Digital-Nomad, Non-Lucrative, Student-Visa or Self-Employed. This followed by 5 years of permanent residency in Spain and permits Spanish Citizenship applications to obtain a Spanish Passport.
