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

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


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Old 22nd September 2012, 01:55 PM
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Default 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

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Old 22nd September 2012, 02:54 PM
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Originally Posted by chippo View Post
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

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Old 22nd September 2012, 03:09 PM
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" 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

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Old 22nd September 2012, 03:20 PM
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Originally Posted by gus-lopez View Post
" 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........

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Old 22nd September 2012, 03:29 PM
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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?

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Old 23rd September 2012, 08:00 AM
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Quote:
Originally Posted by xabiachica View Post
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 ańo.

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.
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Old 23rd September 2012, 08:04 AM
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Originally Posted by kalohi View Post
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 ańo.

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

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Old 23rd September 2012, 08:23 AM
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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.

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Old 23rd September 2012, 08:39 AM
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Quote:
Originally Posted by kalohi View Post
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

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Old 23rd September 2012, 12:15 PM
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Originally Posted by NickZ View Post
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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