Supreme Court Ruling on Temporary Residency
Some of you may know this, and some may not: Spanish Supreme Court has recently annulled the regulation that led to the termination of temporary residency for foreigners due to prolonged absences from the country. The foreign community has applauded this decision, providing a renewed sense of security and stability for those who need to stay abroad for extended periods.
Key Points of the Ruling
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Extended Absences Allowed: Foreigners with temporary residency can now stay outside Spain for more than six months without losing their residency status.
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Regulation Overturned: The court struck down Article 162.2.e) of RD 557/2011, stating it violated the right to free movement under Article 19 of the Spanish Constitution. Such restrictions should be legislated at a higher level.
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Legal Inconsistency: Article 31 of Organic Law 4/2000, governing foreign residency, does not specify cancellation of temporary residency for absences over six months. Therefore, the regulation was invalidated.
What Temporary Residency Permits Does This Ruling Affect?
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Exceptional Circumstances: Labor Arraigo, Family Arraigo, Social Arraigo, Arraigo for Training.
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Other Permits: Initial Residency and Work Permits, Self-Employment Permits, Residency for Highly Qualified Personnel, Job-Seeking Residency, Internship Residency, Residency for minors not born in Spain to resident parents.
Long-Term Residency Considerations
It is worth noting that absences over 10 months (or 12 for work) within five years can affect eligibility for long-term residency.
Conclusion
This decision provides greater flexibility and reassurance for temporary residents in Spain, removing the stress of losing residency due to extended absences. For personalized advice on how this ruling affects you, contact our law firm, Costaluz Lawyers. We are here to help you navigate these changes and secure your residency status.