Permanent residency - time out of Spain
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I have a 5-year temporary residency in Spain and I am on the fifth and final year before I apply for permanent residency in January 2027. I have made sure to stay within the guidelines regarding time out of spain but this year things have not gone to plan.
Due to my partner's elderly parent needing help to move, I have spent the last 5 months in the UK. As we are returning to Spain shortly, this is not a problem as I have not exceeded the 6-month limit. However, there is now an immediate need to assist with an issue with my parents (one has been dealing with cancer and the other with dementia) and they are struggling. I feel really strongly that I should go over to help them at this time but it will mean that I exceed the 6 month limit out of spain and this will jeopardise my permanent residency application.
Has anyone else dealt with this kind of situation when applying for their permanent residency? Should I deal with this up front and contact the immigration office or is it best to deal with it if and when it comes up when I apply in January?
Thank you in advance for your help/advice.
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Maria is a solicitor on here who is very helpful. She often gives advice on immigration and TIE applications. I seem to recall her saying the main reason for failed renewals was due to time out of Spain followed by lack of funds.
Hopefully she will see your post and be able to respond but be aware it's not just 6 months in one year that you can be absent but a total of 10 months in the first 5 years of temporary residency.
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Thanks for your reply mariedav.
I have a 5-year temporary residency under the Withdrawal Agreement which does not have a cumulative 5-year limit. I only have the 6-month rule in any individual anniversary year.
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This bit may be of help
Extended Absence Exceptions
Under exceptional and documented circumstances (e.g., serious illness, childbirth, or mandatory study courses) , temporary residents may be allowed to remain outside Spain for up to 12 consecutive months . You must be able to provide documentary evidence justifying this extended absence to the immigration authorities.
There was also the Supreme Court ruling back in 2023 that led to it declaring the rule was null and void for cancelling residency but I believe they can extend the time it takes to gain permanent residency past the 5 years although I have no idea how that would affect Article 50 claimants.
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Thank you mariedav. It is much appreciated.
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