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Date Published: 24/07/2023

Spain abolishes six-month absence rule for temporary residents

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The Spanish Supreme Court ruled that the regulation went against the right of free movement

Spain abolishes six-month absence rule for temporary residents

In a groundbreaking decision, the Supreme Court has axed a clause of the Spanish Immigration Regulations that allowed the authorities to withdraw temporary residency from people who were absent from the country for six months of the year.

The court judged the article to be null and void because it limits the fundamental right of free movement of foreign citizens with temporary residence in Spain. However, it’s an issue that is likely to rear its head again in the future, since the judge pointed out that it should really be stipulated in the Immigration Law, and not in a lower-ranking regulation.

This important change was pushed through by the numerous appeals lodged by an Iranian citizen whose temporary Spanish residency was revoked by the Girona regional government in 2019 because she remained abroad for longer than six months.

Although several courts ruled against the woman, finding no force majeure for her lengthy absence from Spain, the Superior Court finally voted in her favour on Tuesday June 18 and annulled the article altogether.

Jason Porter, business development director at Blevins Franks, said: “This is unlikely to be the final word on this matter; the six-month rule could be reimposed in the future via a higher level of Spanish legislation.

“While the Supreme Court has terminated the requirement of having to spend six months in Spain to validate a temporary residence permit, the same court has confirmed this should be legalised by way of a change in the Immigration Law, a higher level of law than just a Regulation, the form it currently takes.”

He added that the change could cause a huge amount of confusion for those wishing to swap their five-year temporary residency for a long-term one:

“Alongside the six-month rule, there is also the fact the individual cannot be absent for more than 10 months in total in the five-year period prior to the permanent permit application. This rule remains, so with absences of more than six months a year, they can renew a temporary residence permit, but not upgrade it to permanent version.”

In other news: Portugal imposes restrictions on travel from Spain for Papal visit

Image: Subdelegacion

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