Understanding Permanent Residency in Spain

Permanent residency in Spain, known as "residencia de larga duración", allows non-EU nationals to reside and work in Spain indefinitely under the same conditions as Spanish citizens. This status eliminates the need for frequent renewals of temporary residence permits and provides greater freedom and rights within the country.

Eligibility Criteria

To qualify for permanent residency in Spain as a non-EU citizen, you must meet specific requirements:

1. Continuous Legal Residence for Five Years

• Duration Requirement: You must have legally and continuously resided in Spain for five consecutive years.
• Legal Residence: Time spent under valid residence permits counts toward this period. These permits may include:
  • Work Permits: Both employment and self-employment.
  • Non-Lucrative Residence Permits: For those living in Spain without engaging in work.
  • Family Reunification Permits: As a family member of a resident.
  • Study Visas: Note that time spent on a student visa typically counts at 50% or may not count at all, depending on current regulations.

2. Continuity of Residence

• Permissible Absences:
  • Short Absences: Temporary trips outside Spain are allowed but should not exceed six consecutive months.
  • Total Absence Limit: Cumulative absences must not surpass 10 months within the five-year period, or one year if absences are for justified reasons such as employment obligations, health issues, or family emergencies.

3. Compliance with Legal Obligations

• No Criminal Record: You must not have a criminal record in Spain or in any countries where you have previously resided.
• Financial Stability: Demonstrate sufficient financial means to support yourself and any dependent family members.
• Health Insurance: Possess valid health insurance coverage in Spain, either public or private.

Benefits of Permanent Residency

Obtaining permanent residency in Spain confers numerous advantages:

1. Indefinite Residence

• Long-Term Stability: Live and work in Spain indefinitely without the need for frequent renewals of residence permits.

2. Work Rights

• Employment Flexibility: Freedom to work in any occupation, whether employed or self-employed, under the same conditions as Spanish citizens.

3. Family Reunification

• Bring Family Members: Facilitate the residence of immediate family members under the family reunification process.

4. Mobility within the EU

• EU Long-Term Residence: Potential to obtain the EU long-term residence permit, allowing for easier movement and residence in other EU member states.

Step-by-Step Guide to Obtaining Permanent Residency

Step 1: Ensure Continuous Legal Residence for Five Years

• Maintain Valid Residence Permits:
  • Renew your temporary residence permits on time.
  • Comply with the conditions of your current permit (e.g., employment, financial means).
• Monitor Absences:
  • Keep track of time spent outside Spain to ensure compliance with absence limits.
• Document Retention:
  • Preserve all documents related to your residence, such as residence permits, empadronamiento certificates, and tax declarations.

Step 2: Gather Required Documentation

A. Application Form

• EX–11 Form: Application for Long-Term Residency.

B. Identification Documents

• Valid Passport:
  • Original and copies of all pages.
  • Must be valid at the time of application.
• Current Residence Card (TIE):
  • Original and copy.

C. Proof of Continuous Residence

• Empadronamiento History:
  • Certificate of Registration History (Certificado de empadronamiento histórico).
  • Obtain from the local town hall; shows all the addresses where you have been registered in Spain.

D. Criminal Record Certificates

• From Spain:
  • Certificate of Absence of Police Records (Certificado de Antecedentes Penales).
  • Request online or at designated offices.
• From Home Country:
  • Criminal record certificate from your country of origin or any country where you have resided in the past five years.
  • Must be legalized (apostilled) and officially translated into Spanish.

E. Proof of Financial Means

• Employment Contracts:
  • If employed, provide current work contract and recent payslips.
• Tax Declarations:
  • Recent income tax returns (Declaración de la Renta).
• Bank Statements:
  • Demonstrating sufficient funds.
• Business Documents:
  • If self-employed, provide registration with the tax authorities and social security, along with financial statements.

F. Health Insurance

• Public Health Coverage:
  • Evidence of enrollment in the Spanish Social Security system, or,
• Private Health Insurance:
  • Policy documents from a provider authorized to operate in Spain, or,
• S1
  • Recipients of a UK State pension can substitute Health Insurance for a valid S1 certificate. 

G. Additional Documents

• Photographs:
  • Recent passport-sized color photos with a white background.
• Proof of Compliance with Obligations:
  • Confirmation of payment of social security contributions and taxes.

Step 3: Submit the Application

A. Where to Apply

• Foreigners' Office (Oficina de Extranjería):
  • Locate the office in your province. Addresses can be found on the Ministry of Inclusion, Social Security, and Migration website.

B. Appointment Scheduling

• Cita Previa:
  • Schedule an appointment online through the official portal: sede.administracionespublicas.gob.es.

C. Application Submission

• Attend the Appointment:
  • Arrive on time with all required documents organized.
• Documentation Review:
  • An immigration officer will review your application and may ask questions for clarification.
• Fees Payment:
  • Pay the corresponding administrative fee using Form 790 Código 052.
  • The fee can often be paid at a bank prior to submission.

Step 4: Await the Decision

A. Processing Time

• Standard Period:
  • Authorities have up to three months to process your application.

B. Notification

• Resolution Communication:
  • You will receive a notification of the decision via mail or electronic means, depending on your preference.

C. Administrative Silence

• Positive Silence:
  • If no response is received within three months, the application is considered approved by positive administrative silence.

Step 5: After Approval

A. Collecting Your Residence Card

• Schedule an Appointment
  • For fingerprinting and card issuance at the police station.
• Required Documents
  • Resolution Letter: Proof of approval.
  • Passport: Original and copy.
  • Current TIE: Original and copy.
  • EX–17 Application Form: For TIE issuance.
  • Proof of Fee Payment: Using Form 790 Código 012.
  • Photographs: Two recent passport-sized photos.
• Fingerprinting
  • Provide biometric data as required.

B. Receiving Your Permanent Residence Card

• Processing Time
  • The card is typically ready within 30 to 45 days.
• Collection
  • You may need to schedule another appointment to collect the card.
  • Bring your passport and the receipt provided during fingerprinting.

Rights and Obligations as a Permanent Resident

Rights

• Residence and Work
  • Live and work in Spain indefinitely under the same conditions as Spanish citizens.
• Equal Treatment
  • Access to education, vocational training, employment, and social security benefits.
• Freedom of Movement
  • Travel within the Schengen Area for short stays (up to 90 days in a 180-day period).

Obligations

• Legal Compliance
  • Abide by Spanish laws and regulations.
• Tax Obligations
  • Declare and pay taxes in Spain on worldwide income if considered a tax resident.
• Renewal of Residence Card
  • While the permanent residency status is indefinite, the physical card (TIE) must be renewed every five years.

Maintaining Permanent Residency Status

Residence Obligations

• Continuous Residence
  • Should not be absent from Spain for more than 12 consecutive months.
• Total Absence Limit
  • Over five years, cumulative absences from the EU should not exceed 30 months.

Causes for Loss of Permanent Residency

• Extended Absence
  • Absence from the EU territory for more than 12 consecutive months.
• Acquisition of Another EU Long-Term Residency
  • Obtaining permanent residency in another EU country.
• Deportation Order
  • Being expelled from Spain due to serious violations.

Reactivating Permanent Residency

• Special Circumstances
  • In certain cases, you may apply to recover your permanent residency if lost due to extended absence.

Path to Spanish Citizenship

While permanent residency allows indefinite residence, some may wish to take the next step toward full integration by obtaining Spanish citizenship.

Eligibility for Citizenship

• General Requirement
  • Ten Years of legal residence in Spain.
• Reduced Periods
  • Five Years: For refugees.
  • Two Years: For citizens of Latin American countries, Andorra, Philippines, Equatorial Guinea, Portugal, or those of Sephardic origin.
  • One Year: For individuals married to a Spanish citizen, born in Spain, or with Spanish parents or grandparents.

Citizenship Application

• Requirements
  • Demonstrate good civic conduct.
  • Sufficient integration into Spanish society.
  • Pass the DELE A2 Spanish language test (unless from a Spanish-speaking country).
  • Pass the CCSE citizenship test on Spanish culture and laws.
• Process
  • Submit the application to the Civil Registry.
  • Processing times can vary significantly.

Conclusion

Achieving permanent residency is a long term goal that most retirees to spain will be hoping to achieve. It's important to note that while these steps were accurate at the time or writing, if you are reading them while planning a move to Spain it will be five years before you start to implement them. You should start now to ensure that you keep records and paperwork in order ready for your application, however you must be mindful that the rules may be updated and the goalposts shifted between now and your application. Professional advice should be sought when the time comes to ensure that your application is accurate and processed smoothly.