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Residency - Page 2

truenudisttoo

Posted: Sun May 28, 2023 8:18pm

truenudisttoo

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Posted: Sun May 28, 2023 8:18pm

roseland wrote on Sun May 28, 2023 7:58pm:

I only asked the question as people have different views and opinions I just need to know what is (  correct) !!! so to abide by the residency requirements . forget the cake?

Of course. And there is only one answer. There is no room for opinion or view on the matter. 

I believe your original understanding is correct. Certainly, when I applied for residency, which I did myself, that was my understanding. 

NannieH

Posted: Sun May 28, 2023 8:28pm

NannieH

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Posted: Sun May 28, 2023 8:28pm

Suet357 wrote on Sun May 28, 2023 7:45pm:

I am correct

Yep.... thats exactly as we understood it. I think there was something on this forum a short while back where some one had actually lost their residency because they had been out of Spain for longer than allowed. Everything is computerised now.... so whether leaving by plane, boat or car they will know! Not worth the risk for us.....

DarioMartin

Posted: Sun May 28, 2023 8:28pm

DarioMartin

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Posted: Sun May 28, 2023 8:28pm

roseland wrote on Sun May 28, 2023 1:26pm:

I have Residency it says RESI Y Trabajo Temporal and was issued under 18.4 withdrawal agreement. I am in my third year here and have paid my taxes in Spain. It says my Residence card Is due fir renewal in 2025 ,I have heard that your only allowed to spend 10 months out of Spain in the five year p...

...eriod to  be able to renew your Residence ? Please could someone advise on how long your allowed to stay out of Spain as I like to go back to the uk for summer months? 

Many thanks For Any advice Please.

Hi there, if your TIE says Resi y Trabajo, you are not here on an NLV - this is backed up by the fact it’s issued pursuant to 18.4 of the WA - excellent.

What this means is for the first five years you are obliged to spend the majority of the year i.e. at least 183 days in Spain; thus means you can spend up to just shy of 6 months out of Spain every year.

After the 5 year point you automatically become permanent resident.  When you renew your card in 2025 it will say “permanente” and this will allow you to spend up to 5 years continuously absent from Spain should you wish

truenudisttoo

Posted: Sun May 28, 2023 8:41pm

truenudisttoo

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Posted: Sun May 28, 2023 8:41pm

Suet357 wrote on Sun May 28, 2023 7:45pm:

I am correct

My apologies Suet. You are correct. It was not my understanding. But I have to say I, too, feel easier now. I guess it was never made very clear in the first place. 

truenudisttoo

Posted: Sun May 28, 2023 8:47pm

truenudisttoo

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Posted: Sun May 28, 2023 8:47pm

Following on from this Dario. My original green paper card had an expiry date of 2024. When I applied for my TIE is was granted until 2026. Does that now mean I cannot be 'permanente' until 2031? If I had kept the green paper card it would have been 2029. Yes? 

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roseland

Posted: Sun May 28, 2023 8:57pm

roseland

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Posted: Sun May 28, 2023 8:57pm

DarioMartin wrote on Sun May 28, 2023 8:28pm:

Hi there, if your TIE says Resi y Trabajo, you are not here on an NLV - this is backed up by the fact it’s issued pursuant to 18.4 of the WA - excellent.

What this means is for the first five years you are obliged to spend the majority of the year i.e. at least 183 days in Spain; thus means you can spend up to just shy of 6 months out of Spain every year....

...

After the 5 year point you automatically become permanent resident.  When you renew your card in 2025 it will say “permanente” and this will allow you to spend up to 5 years continuously absent from Spain should you wish

Many thanks Dario for your Reply and  information this is good news knowing I can go home and not worry about breaking any rules for permanent residency . Thanks again.

DarioMartin

Posted: Sun May 28, 2023 10:40pm

DarioMartin

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Posted: Sun May 28, 2023 10:40pm

truenudisttoo wrote on Sun May 28, 2023 8:47pm:

Following on from this Dario. My original green paper card had an expiry date of 2024. When I applied for my TIE is was granted until 2026. Does that now mean I cannot be 'permanente' until 2031? If I had kept the green paper card it would have been 2029. Yes? 

No, you’ll become permanent automatically after 5 years continuous legal residency - the expiry date of the card doesn’t change that.

TIE’s (like the Spanish DNI’s) have to be renewed.  Up until you are permanent, they have to be renewed every 5 years, thereafter every 10.  When you swapped your green residencia card for a TIE, an expiry date was simply allocated from date of issue of card - but this has nothing at all to do with when you get permanent t residency - that’s automatic.  You *can* renew your card ahead of expiry date to get one that says “permanente” if you want, but it’s not necessary as your actual residency status shows on all the various computers 

chrisso50

Posted: Tue May 30, 2023 7:38am

chrisso50

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Posted: Tue May 30, 2023 7:38am

Suet357 wrote on Sun May 28, 2023 7:45pm:

I am correct

Yes, you are correct. Dario will be able to confirm this.

Under the WA as a temporary resident you must not be out of Spain more than 6 months in any 12 month period. Once you have been resident for 5 years you may stay away from Spain for longer, but no more than five years.

Chris

PS: sorry, had not read all the previous replies - Dario has confirmed 👍

NannieH

Posted: Tue May 30, 2023 11:34am

NannieH

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Posted: Tue May 30, 2023 11:34am

chrisso50 wrote on Tue May 30, 2023 7:38am:

Yes, you are correct. Dario will be able to confirm this.

Under the WA as a temporary resident you must not be out of Spain more than 6 months in any 12 month period. Once you have been resident for 5 years you may stay away from Spain for longer, but no more than five years.

Chris

PS: sorry, had not read all the previous replies - Dario has confirmed 👍

But as a previous person has shown with the paperwork she put on...YES you can be out for no more than 6 months, BUT you must total no more than 60 weeks within the first 5 years..... an average of 10 weeks a year.....

chrisso50

Posted: Tue May 30, 2023 1:04pm

chrisso50

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Posted: Tue May 30, 2023 1:04pm

NannieH wrote on Tue May 30, 2023 11:34am:

But as a previous person has shown with the paperwork she put on...YES you can be out for no more than 6 months, BUT you must total no more than 60 weeks within the first 5 years..... an average of 10 weeks a year.....

That’s incorrect. As a WA beneficiary you can be out of Spain up to six months each year - and every year if you wish. Dario has already explained this in more detail, above.

Chris

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