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-   -   How many days outside of Spain (with residency card)? (https://www.expatforum.com/expats/spain-expat-forum-expats-living-spain/126383-how-many-days-outside-spain-residency-card.html)

chippo 22nd September 2012 01:55 PM

How many days outside of Spain (with residency card)?
 
Hi all,

I have Spanish Residency as a Family Member of an EEA National and I am about to go apply for my spanish citizenship. I have 2 questions:

1. What are the maximum amount of days I can be out of spain on my residence card?
2. Is there a problem if I have been studying outside of spain with my residence card?

Thanks

xabiaxica 22nd September 2012 02:54 PM

Quote:

Originally Posted by chippo (Post 904857)
Hi all,

I have Spanish Residency as a Family Member of an EEA National and I am about to go apply for my spanish citizenship. I have 2 questions:

1. What are the maximum amount of days I can be out of spain on my residence card?
2. Is there a problem if I have been studying outside of spain with my residence card?

Thanks

this came up on another thread recently - if I can remember where I'll post a link, but I'm 99% sure that you can only leave for up to 6 months before having to re-apply for residency

of course, once you have citizenship you're free & clear

gus-lopez 22nd September 2012 03:09 PM

" Right of permanent residence "

"Union citizens acquire the right of permanent residence in the host Member State after a five-year period of uninterrupted legal residence, provided that an expulsion decision has not been enforced against them. This right of permanent residence is no longer subject to any conditions. The same rule applies to family members who are not nationals of a Member State and who have lived with a Union citizen for five years. The right of permanent residence is lost only in the event of more than two successive years' absence from the host Member State."

from here;

Right of Union citizens and their family members to move and reside freely within the territory of the Member States

xabiaxica 22nd September 2012 03:20 PM

Quote:

Originally Posted by gus-lopez (Post 904922)
" Right of permanent residence "

"Union citizens acquire the right of permanent residence in the host Member State after a five-year period of uninterrupted legal residence, provided that an expulsion decision has not been enforced against them. This right of permanent residence is no longer subject to any conditions. The same rule applies to family members who are not nationals of a Member State and who have lived with a Union citizen for five years. The right of permanent residence is lost only in the event of more than two successive years' absence from the host Member State."

from here;

Right of Union citizens and their family members to move and reside freely within the territory of the Member States


ah - that's not what was on the link given last time.............. interesting........

NickZ 22nd September 2012 03:29 PM

But that assumes the OP has been resident for five years with no breaks.

The OP is asking how long the breaks can be.

So unless the OP is asking about the future the five year rule doesn't help.

What does the OP mean by studying abroad?

kalohi 23rd September 2012 08:00 AM

Quote:

Originally Posted by xabiachica (Post 904926)
ah - that's not what was on the link given last time.............. interesting........

Here's the link given the last time:

La vigencia de la tarjeta de residencia de familiar de ciudadano de la Unión caducará por las ausencias superiores a seis meses en un año.

Translation: The validity of the residency card for a family member of a citizen of the Union will expire from absences superior to six months in one year.

This is taken off of the Spanish Ministry of the Interior website, and they're the ones in charge of issuing residency cards in Spain.

xabiaxica 23rd September 2012 08:04 AM

Quote:

Originally Posted by kalohi (Post 905390)
Here's the link given the last time:

La vigencia de la tarjeta de residencia de familiar de ciudadano de la Unión caducará por las ausencias superiores a seis meses en un año.

Translation: The validity of the residency card for a family member of a citizen of the Union will expire from absences superior to six months in one year.

This is taken off of the Spanish Ministry of the Interior website, and they're the ones in charge of issuing residency cards in Spain.

thanks - I hadn't had a chance to look for it - I'll add it to our FAQ sticky

kalohi 23rd September 2012 08:23 AM

I've just realized, if you keep reading that same paragraph linked above, it says that you can be absent from Spain for up to 12 months if the absence is due to studies (among other things).

The OP did mention being a student...this might apply to him.

xabiaxica 23rd September 2012 08:39 AM

Quote:

Originally Posted by kalohi (Post 905404)
I've just realized, if you keep reading that same paragraph linked above, it says that you can be absent from Spain for up to 12 months if the absence is due to studies (among other things).

The OP did mention being a student...this might apply to him.

yes, it might well :)

gus-lopez 23rd September 2012 12:15 PM

Quote:

Originally Posted by NickZ (Post 904934)
But that assumes the OP has been resident for five years with no breaks.

The OP is asking how long the breaks can be.

So unless the OP is asking about the future the five year rule doesn't help.

What does the OP mean by studying abroad?

If they are applying for spanish nationality then they must be A ) married to a spaniard ; therefore the rules for them are completely different in that they can obtain automatic citizenship after 1 year.
B) if not married then most other scenarios,to be in a position to apply, would mean that they must have been here a minimum of 5 years .

How to apply for Spanish nationality. Legal information and advice by iAbogado, your English-speaking Spanish lawyers | iAbogado

With regards to the Spanish ministry info , I'd take that with a pinch of salt . Eu rules take precedence over national law unless national law offers greater benefits.


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