The Spanish Supreme Court has nullified a clause in Spain’s immigration rules which permitted the authorities to cancel a temporary residence permit if the holder spent more than six months in a year outside Spain.
The Supreme Court suggested that such a rule should be codified in law, rather than remain a regulatory norm. As such, the rule could be reinstated in future if the Spanish parliament passes it as law.
For now, holders of a temporary residence permit can renew their residence even if they have been absent from Spain for six months or more in a one-year period, if they meet all other requirements.
This also implies that non-working residence permit holders can maintain their residence status even if they are present in Spain for less than 183 days per year, in which case they are not classified as tax residents.
It is important to note that applicants for permanent residence permits in Spain cannot spend more than 10 months in total outside the country in the five-year period prior to their application.
Moreover, nationality applicants will have to show that any absences from Spain do not detract from their effective residence in Spain.