Spain- Without time limits: The Supreme Court protects temporary residence in Spain, even if there are long-term absences from the country
The Supreme Court of Spain has annulled the monarchy rule that previously ceased the temporary residence of foreign nationals if they stayed outside of Spain for over six months in a single year. This decision was made due to the understanding that such a restriction could only be brought forward through European regulations or legislative acts of Parliament.
A closer look:
- Royal decree invalid: Spain’s Supreme Court annulled a royal decree which dictated that foreign individuals would lose their temporary residence authorization if they had been out of the country for more than half a year throughout a twelve-month time frame.
- Parliament can limit freedom of movement: The Court concluded that the royal decree rule hindered basic freedom, such as freedom of movement, and only Parliament legally had the power to impose such a limitation or a European regulation to be accepted.
- Door still open for such limits: The judgment allows Spanish legislators the possibility to introduce future regulations on the matter.
Impact
The aged royal directive is no longer applicable, which means foreign nationals whose residence status was due to be terminated because of their stay being longer than six months in Spain within a one-year basis can now re-apply for temporary residence. Nevertheless, each situation needs to be assessed precisely, and individuals with residence cards cancelled for exceeding the six-month limit should talk to an immigration advisor about their choices. Additionally, anything can change in a legal context so it is wise for those affected to stay in Spain for at least six months every year.
Background
The executive branch of the government enacted a ruling–which originally went into effect in 2011 and has now been rendered invalid–following an Iranian citizen’s appeal to void their Spanish temporary residence and work permit in 2019 due to spending more than six months out the country in a 12-month span. Royal decrees, however, are laws created by the executive branch that are subordinate to parliamentary laws.
Looking Ahead
The Court did not rule that limitations on movement are necessarily unconstitutional. Rather, it suggested that it would need to be legislated by either parliament or European regulations. This gives the Spanish parliament to power to create such limitations, which could potentially happen soon. We will be reporting on any connected news.