Spain Scraps Six Months Absence Rule for Temporary Residents

In a landmark decision, the Spanish Supreme Court has ruled that the six months absence rule for temporary residents is no longer valid. This means that non-EU nationals who hold a temporary residence permit in Spain can now travel outside the country for more than six months in a year without fear of losing their permit.

The six months absence rule was first introduced in 2009. It was designed to prevent people from using Spain as a “stepping stone” to other countries in the European Union. However, the rule was criticized by many as being unfair and discriminatory. It disproportionately affected people who had to travel frequently for work or family reasons.

The Supreme Court’s ruling is a victory for those who have been campaigning against the six months absence rule. It is also a welcome development for the Spanish economy, as it will make it easier for businesses to attract and retain talented foreign workers.

The ruling is not yet final, as it could be appealed to the European Court of Justice. However, it is highly unlikely that the ruling will be overturned. This is because the European Court of Justice has previously ruled that EU member states cannot impose restrictions on the free movement of people that are more restrictive than those imposed on EU citizens.

The scrapping of the six months absence rule is a significant development for Spain’s immigration policy. It is a sign that Spain is becoming more welcoming to foreign nationals. It is also a sign that Spain is committed to upholding the fundamental rights of all its residents, regardless of their nationality.

What does this mean for temporary residents in Spain?

The scrapping of the six months absence rule means that temporary residents in Spain will now be able to travel outside the country for more than six months in a year without fear of losing their permit. This is a major change, and it will make it much easier for temporary residents to travel for work, family reasons, or simply for pleasure.

If you are a temporary resident in Spain, you should be aware of the following:

• You will still need to comply with all other requirements for maintaining your temporary residence permit, such as paying the annual renewal fee.
• You will need to keep a record of your travel, and you may be asked to provide this information to the immigration authorities if you are renewing your permit.
• If you are planning to travel outside of Spain for more than six months, you should contact the immigration authorities to check if there are any specific requirements that you need to meet.

Overall, the scrapping of the six months absence rule is a positive development for temporary residents in Spain. It will make it easier for them to travel and to maintain their legal status in the country.