Is My Residency Certificate In Spain Still Valid If I Leave The Country?

If you are legally resident in Spain, you may wish to leave the country from time to time, whether for short visits or longer stays elsewhere. However, it is important to understand that your time away can affect your residency status.

How long can you leave Spain without losing your residency status? The answer depends on whether you are a temporary or permanent resident, and whether you are an EU national, non-EU national, or a British citizen post-Brexit.

Temporary or Permanent Resident

Temporary residency means you have lived in Spain for less than five years. Even if you intend to stay permanently, you are considered temporary until you complete five years. Permanent residency applies once you have been resident for over five years and have applied for the permanent status.

EU Nationals With Temporary Residency Status

Previously, EU nationals holding temporary residency could lose their status if they spent more than six months abroad within a 12-month period. However, this rule has been abolished. Temporary residents may now be outside Spain for longer periods without automatically losing their residency.

EU Nationals With Permanent Residency Status

EU nationals with permanent residency will lose their status if they are absent from Spain for more than two consecutive years.

Non-EU Nationals With Temporary Residency Status

If you are a non-EU national (including UK nationals post-Brexit) with temporary residency, you can lose your residency if:

• You do not renew your certificate on time after expiry.
• You spend more than six months abroad within a 12-month period (this rule has also been relaxed for certain groups, so verify based on your specific residency type).
• You are absent sporadically for more than 10 months in five years (or 12 months for work purposes).
• You change your nationality.
• You were not truthful in your residency application.

UK Nationals Post-Brexit

Under the Brexit Withdrawal Agreement, British nationals who have gained permanent residency (five years or more) must not be absent from Spain for more than five consecutive years, or they risk losing their rights.

Renewing Your Residency Certificate

Temporary residency certificates are valid for up to five years, after which you must apply for permanent residency. Permanent (long-term) residency certificates are valid for 10 years and must then be renewed.

Recovering Residency Status After Extended Absence

If you have a temporary residency and lose your status, you must reapply from scratch. However, if you held long-term residency and have a valid reason for exceeding the absence limit, you might be able to recover your status. Each case is assessed individually.

Further Information

• Royal Decree 557/2011 - Immigration Regulation Spain
• Spain's Official Brexit Residency Guide For British Nationals
• Guide to Applying for Residency in Spain

Sources:

• Spanish Government Abolishes Six Month Absence Restriction For Temporary Residency
• Royal Decree 557/2011 - Immigration Regulation Spain
• Brexit Withdrawal Agreement
• Spanish Government Brexit Guide for British Nationals