How much time can I spend out of Spain as a Resident?
One question that is asked time and time again is, “I’m British and a resident in Fuerteventura, how much time can I spend out of Spain?”. As a resident of Fuerteventura you are, of course, a resident of Spain, and therefore there are no restrictions on travelling to mainland Spain or any of the other Spanish islands and territories.
However, the answer to the length of time you can be absent from Spain is not quite straight forward, and depends on what type of residency you have, whether or not your residency is protected under the Withdrawal Agreement and your long-term goals, such as obtaining permanent residency or even citizenship.
Note that in all cases some absences may not count, such as military obligations, childbirth, serious illness, education or work. For these to be disregarded you must apply at the Foreign Office.
Temporary Residency
Those with a visa
When you first become a resident in Spain your residencia will be known as ‘temporary’. During this time you must continue to be able to demonstrate that you comply with the requirements of your visa, ie having sufficient funds and health insurance, so as not to be a burden on society. Failing to comply with these requirements could result in the loss of your residency status.
After 5 years you may be able to apply for Permanent Residency. However, in order to qualify, one of the requirements is that you have been outside of Spain for less than a total of 10 or less months within that 5 year period, and less than 6 months absence in one year.
If you do not wish to apply for Permanent Residency, then the amount of time you can spend outside of Spain is currently unrestricted. If you choose to spend more than 5 months outside of Spain in your 5 year term, you will not lose your temporary resident status. However, the downside of remaining on temporary residency is that you will have to continue to prove that you still meet the requirements of your visa, and renew your temporary TIE.
Those with Withdrawal Agreement Protection
For those who obtained their residency prior to 31st December 2020 and Brexit, and are protected by the Withdrawal Agreement, you will be able to be absent from Spain for up to 6 months per year and retain your residency. What is unclear in the BOE though, is the period the year will cover. It is shown that the year starts on the day residency was granted, and not an annual year. However, some may interpret it to be an annual year. In which case it is best to contact your foreign office to determine which they believe to be correct.
EU Nationals & Family Members
As a National of an EU country you will be able to be out of Spain for up to 6 months a year and will not lose your residency.
Permanent Residency
Those with a visa
Once you have been granted permanent residency, you will no longer be required to prove the requirements of your visa. You will then be able to spend up to 12 consecutive months in a non EU country without losing your residency. If you become a legal resident in another EU country, you may be absent from Spain for up to 6 years without losing your residency.
Those with Withdrawal Agreement Protection
Once you have been granted permanent residency, you will be able to spend up to 5 years continuously outside Spain.
However, you can not be a resident of more than one country, so if you move to another country you must give up your residency in Spain and remove yourself from all Spanish systems. You will then only be able to visit Spain as a tourist and will have to abide by the 90/180 rule.
Should you wish to return to Spain at any time within that 5 years, you can just re-register as a permanent resident of Spain as your permanent right to residency remains in place.
If you are absent for more than 5 years you will lose your right to residency and will have to apply for a visa to live in Spain. You will also lose your protection under the Withdrawal Agreement.
EU Nationals & Family Members
Once you have been granted permanent residency, you can be out of Spain for up to two consecutive years. If you are away for longer than two years you will lose your right to residency and have to apply again, starting once more with a temporary residence.
Resources:
- Royal Decree 1155/2024, BOE no. 280 of 11/20/2024
- Q&A – The rights of UK nationals under the Withdrawal Agreement
- European Commission – Citizens’ Rights
- The Free Movement Directive
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Hola. Is Spain the only EU country that restricts visits outside Spain in the first 5 years of temporary residenzia- and the amounts of time – i.e 10 months total in 5 years . I ask becos it appears Spain was breaching EU rules when insisting the 6 months rule. Could the 10 months rule also get made illegal ?
I’m sorry but I do not know about other countries’ regulations. The time restriction of 10 months in first 5 years only applies as a requirement when you are seeking permanent residence.
After living in Spain with NLV and not being out of the country more than 10 months total I will apply for permanent residency. What are the restrictions during this permanent residency for being outside Spain?
Hi. Once you have lived in Spain for 5 years, only being absent for less than 10 months, you should be approved for permanent residency. There is little restriction on movement for permanent residents and you can be absent for up to 2 years.