Permanent Residence and Citizenship Disadvantages with the New Regulations
By: Antonio Villena
In principle, this is good news, of course it does not harm, it is quite positive news for those who have not been or cannot be in Spain for at least 6 months of a year, but we must take into account the negative aspects of this news.
It has been possible to repeal the regulation that said that you could not be outside Spain for more than 6 months per year in order to renew your residency, which is positive, but it must be taken into account that the regulations governing permanent residency correspond to the European Union, and this has not changed.
That is to say, for a permanent residency you have to be in Spain for 5 years and not have been out for more than 10 months, if this is not fulfilled you can renew it, but it would be every 2 years and you would never achieve permanent residency, which is a residency with many rights and which is never lost.
For nationality, which is regulated by other higher-ranking regulations, the same thing happens, you cannot obtain nationality if you are not in Spain for the stipulated period of time. That is, first you need a permanent residency that you obtain with those 5 years without leaving for more than 10 months, and secondly that in the following 5 years you have not left for more than one consecutive year.
This period of 10 years, for those who do not come from Latin America, is what gives the right to nationality, that is one of the reasons, something that is also not achieved if we are outside Spain for more than 6 months every 2 years, as we have already mentioned.
So, on the one hand, it is very positive, but on the other hand, we have to be very careful because this will never give us the right to permanent residency or nationality, and this was an aspect that needed to be clarified.