The Supreme Court of Spain has made a surprisingly positive ruling that directly affects temporary residency card holders: it has nullified an important article that states that foreign citizens with temporary residence in Spain would lose their permits if they stayed outside Spain for more than six months within a year. The Court has now found that this provision violated the EU fundamental right to free movement, which can only be restricted by a law, not a regulatory provision.
This ruling came about after a citizen of Iran had her temporary residence and work permit terminated due to an absence in Spain of over six months. The Supreme Court has now overturned this decision, highlighting that restricting the right to be in Spain must be done by law, and not be a regulation or decree.
Many temporary residents have lost their cards due to not being in Spain for six months, but a large number will now benefit from this ruling by being able to apply for renewals successfully.
If you have been affected by the minimum 6-month stay requirement for temporary residency in Spain, we are here to help. Contact us now to understand how this recent ruling by the Spanish Supreme Court may impact your situation and explore your options for renewal. Don’t hesitate, reach out to us today!