In a significant ruling, the Spanish Supreme Court has invalidated a provision in Spain’s immigration regulations that allowed authorities to revoke a temporary residence permit if the holder spent over six months abroad within a year. The court proposed that such a provision should be incorporated into the legal framework rather than being left as a mere regulatory norm. This means that if the Spanish parliament enacts it into law, the rule could potentially be reinstated in the future.

As of now, individuals holding a temporary residence permit can renew their residency even if they have been absent from Spain for six months or more within a one-year period, given that they fulfill all other necessary criteria. This also implies that non-working residence permit holders can maintain their residency status even if they spend less than 183 days per year in Spain, thus not qualifying as tax residents.

It’s crucial to highlight that individuals applying for permanent residence permits in Spain must be cautious about spending more than a total of 10 months outside the country during the five-year period leading up to their application.

Additionally, applicants seeking Spanish nationality will need to demonstrate that their absences from Spain do not undermine their actual and effective residence in the country. This ruling clarifies and brings significant implications for temporary and permanent residents as well as those seeking Spanish nationality.