How long can you leave Spain for? EU citizen v WA resident v Third Country National resident

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How long can you leave Spain for? EU citizen v WA resident v Third Country National resident

How long can you leave Spain for without losing your residency status? It depends on what kind of resident you are. Skatz, Walter Ego and Angry Tommy play the three kinds in this lively conversation.

Prefer to watch the video? Click HERE.

For the conversational facts, carry on reading…

Skatz: I’m an EU citizen

Walter: I moved to Spain from the UK after Brexit

Tommy: I moved to Spain before Brexit

S: We have different rights in Spain

W: I moved to Spain from the UK after Brexit.

S: So you said. This is Walter. He’s a ‘third country national’ resident of Spain.

W: TCN!

S: Exactly, that’s your abbreviation for this video.

W: Ooh, I feel all abbreviated.

T: Oi! You keep your abbreviations where I can see ‘em!

S: And this is Tommy.

T: I moved to Spain before Brexit

S: He’s what we’ll call a Withdrawal Agreement resident

T: WA! But I don’t withdraw from nothing!

S: Well, the UK did from the EU, but you applied to stay on in Spain and keep the rights you previously had as an EU citizen. 

T: And don’t you forget it!

S: I won’t. And I have an Irish passport, so I’m a citizen of the EU.

W: Ooh you lucky thing!

S: I am, because I have a few more rights than both of you, and I’m feeling pretty smug about it.

T: You can stick your rights right up your…

S: Ask me a question then.

W: Have I got the right to work?

S: Only if you came to Spain on a working visa or a Golden Visa.

W: What about the Non Lucrative Visa?

S: TCN’s can’t work on the Non Lucrative Visa. 

W: So I can never work?

S: Not during the first 5 years when you’re a temporary resident, but you can apply to exchange to a working visa or a golden visa after your first year on the NLV.

T: I can work, you’re not stopping me!

S: It’s true, WA residents have the same rights to work as EU citizens.

T: Yes! 

W: So you can work then, Skatz?

S: Absolutely, I can do anything I want as long as it’s legal.

T: Are you ‘avin a go at me?

S: No Tommy, I wouldn’t dream of it.

W: I would, ha ha, but what I want to know is how long can I spend outside of Spain without losing my residency?

S: That depends on whether you’re a permanent resident or a temporary one.

W: How do I know which one I am?

S: It depends which visa you had.

W: That’s a lot of ‘It Depends’.

S: There’s always a lot of that. Let me explain.

W: Go on then.

T: Don’t be long, the pub’s open in a minute.

S: Okay. It’s not so difficult really, it’s only the Investor Visa…

T: Golden Visa!

S: Yes, same thing. It’s only that visa that’s different, so I’ll come to that later. On any other visa, you renew your temporary visa for 2 years after years 1 and 3, then you can apply for your permanent visa after those first 5 years.

W: So how long can I be outside of Spain on the temporary one?

S: You can spend a maximum of 182 days each year, or one solid block of 6 months, BUT if you want to apply for permanent residency you can only spend a maximum of 10 months out of Spain while you’re a temporary resident.

W: What happens if I go over the 10 months?

S: Well, you can still carry on being a temporary resident, you can apply anytime after that for permanent residency as soon as you’ve done 5 years with that 10 months maximum time away.

W: What if I’m working and I’m sent away to another country to work?

S: Good question, and that’s where there’s some confusion when you look online for answers. If you have a Spanish employer, your total time away in that 5 years can be 12 month instead of 10. 

W: That explains a lot. How long can I spend outside of Spain once I’m a permanent resident?

S: Anything up to 12 months consecutively.

W: And if I go over that?

S: Then you lose your residency and have to reapply, although the rules about how much cash you need are more lenient for previously permanent residents. Don’t worry about that though Walter, that’s not going to happen to any UK citizens until about 2026.

T: Never mind him, what about me?

S: Oh hello again Tommy, I thought you’d gone to the pub.

T: I’ve been waiting for you!

S: Alright then, let’s find out how long you can leave Spain for.

T: I wanna see my family!

S: Of course you do, I hear they’re allowed visitors now.

T: Are you casting nastersians on my family?

S: I’d never throw flowers at anyone, mate.

T: Get on with it then! 

S: Okay, so as a temporary resident, you can stay outside of Spain for up to 6 months each 12 month period, starting from the date of your residency.

T: What about if I’m a permanent resident?

S: Then you can spend up to 5 years consecutively

T: What’s consecutively?

S: All in one block. From start to finish. If you’re a resident of somewhere else for that long, you lose your WA residency.

T: How do I get it back?

S: You can never get that back, you’d have to reapply from scratch as a non-EU citizen.

T: Nooooooooooo! I’ll scratch you!

S: Alright, settle down. Actually, that 5 years is the only rule where you have more rights than me. As an EU citizen, I can only leave for 2 years before I lose residency.

T: Ha ha ha ha ha ha ha ha ha !!!!! I am better than you!!

S: But I can still move back there and reapply anytime and have the right to work.

T: I hate you!!

S: Ah, 800 years of oppression and finally you admit it.

T: What?!

S: Just a little joke. Can I get you a drink?

T: Aaaaaaaaright then.

S: Aaaaaaaand relax. Peace & Love!

W: Peas & Fluff

T: Are we done?

W: What about the Golden Visa? You said you’d come back to that.

S: I did. Just to say that TCN’s who come in on the golden visa have very few restrictions on leaving Spain, it doesn’t affect their residency.

W: So they can leave for as long as they want and still become permanent residents later?

S: Not if they want to become permanent residents, they have to have spent the 6 months a year here for 5 years to qualify. But if they don’t want to achieve that, they can just keep on renewing every 5 years once they’re past the first year or two.

W: Okay, thank you for all of the information.

S: You’re welcome. 

T: Oi! Do you wanna buy some bitcoin?

S: Errrrr, no.

W: I’d rather do the hippie dance

S: Let’s all do the hippie dance then.

See you in the next video!

W: Bye!

T: Oi!!

S: Let’s dance!

Article by Skatz, Walter Ego & Angry Tommy

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