Leaving Spain

This guide will cover a checklist of steps for leaving Spain, all details about Spanish Residencia and how long you can stay out of Spain as a resident without losing citizenship.

Checklist Of Procedures For Leaving Spain

• If you will no longer use the bank accounts or payment methods you used while in Spain, cancel them.
• Note the contact information for the payment methods you used in Spain.
• Cancel all subscriptions (water, electricity, gas, communication services, etc.) and notify your bank.
• Remember that if you lived in a rented home, you have the right to a total or partial refund of the contract security deposit.
• If you fail to pay your debts or bills, you may be blacklisted on an international debtor registry, which will harm your credit record.
• Obtain an Employment Record of your professional activities in Spain from the Social Security Service and double-check the information. Request a correction if there are any errors.
• Obtain certificates and qualifications for completed studies and/or professional activities.
• It is a good idea to get travel insurance.
• Get your European Health Insurance Card before traveling to a country in the European Economic Area or Switzerland.
• Check out the EURAXESS Services.
• If you plan to travel with your family (including children), ensure they have the necessary certificates and titles.

Obtaining Residencia

You are a resident of Spain if you live in Spain for 183 days or more (not necessarily con­sec­utively). You must obtain Res­id­en­cia as well as become a Fiscal Res­id­ent. To become a resident, you must first obtain an NIE and apply for res­id­en­cia (Spanish residency status). This is not fiscal residency; that is the next step in becoming a taxpayer in Spain.

Spanish Residency

You have dif­fer­ent options for Res­id­en­cia de­pen­d­ing on your circumstances, such as whether you are retired, unemployed, working in Spain, or self-employed.

We can explain the paperwork that will be required: You will always require:

• Passport
• Padron (see separate page), but for instance,
• Photo
• Ex-018 Form

If you are retired, you will also need a Form S1, E121, or E106 stamped by your country’s authorities. You will also need proof of your pensions from your pension provider and the last two months of bank statements demonstrating that the pension is paid.

The situation is different if you are un­employed or if you work for a Spanish com­pany.

Renouncing Spanish Residency

To re­nounce Res­id­en­cia you need to go back to the Po­lice For­eign­er’s Of­fice with your ori­ginal Res­id­en­cia, pass­port and the ap­pro­pri­ate form. Pre­vi­ously, it was pos­sible to do this with the power of at­tor­ney. However, we can­not be sure again un­til the of­fices for Res­id­en­cias re-open (as cur­rently closed in July 2020). It can be a good idea to ask for a cer­ti­fic­ate as proof of non-res­id­ency status.

Can You Travel And Leave Spain While Waiting For Citizenship?

Continue reading if you have applied for Spanish nationality through residency and need or want to travel abroad. Because in this article, we will definitively answer a frequently asked question among applicants: is it possible to travel outside of Spain and leave the country? At the same time, the citizenship file is being processed, and you are still waiting for a resolution.

Without a doubt, this is a critical point that causes concern among foreigners because after spending so much time preparing your application and experiencing long wait times, the last thing you should experience is having your file denied simply because you did not know the answer to this question.

Can You Travel Outside Spain If My Citizenship File Is Still Being Processed And I Am Waiting For An Answer?

Yes, it is possible to leave Spain and travel while your Spanish nationality file is being resolved.

However, we must be cautious with this response and set some boundaries because while departures are permitted, you must still comply with several obligations as a Spanish resident.

So, what are you permitted to do, and what are you not permitted to do? You can take a short-term trip abroad within the time limit (which we analyze below how much it is precisely).

You can leave the country frequently and return as long as you can justify your reasons (usually, that would be work-related).

However, you cannot submit your application for nationality and then immediately return to your country of origin to return once you receive a favorable decision, nor can you leave for an extended period.

The key here is to understand how long you can actually and precisely stay away while waiting for the Ministry of Justice’s decision.

But, before we look at the maximum travel time, we must first grasp a fundamental concept: supervening irregularity (“irregularidad sobrevenida” in Spanish). 

Supervening Irregularity And Its Relation To Your Nationality Application

In general, supervening irregularity is not grounds for denial of your nationality application.

That is, becoming an irregular situation after you have already presented your nationality by residency application (that is, strictly afterward) will not invalidate that application and will allow you to obtain a favorable response.

Your compliance with the requirements up to the time of the application is considered to issue a favorable response (or deny the application) (before).

However, it is strongly advised that you keep your residency in force and fully valid to avoid legal problems in the final stages of the procedure (for example, after your citizenship is finally granted and you must carry out the oath phase or obtain your Spanish ID and passport).

And this should be your primary goal while waiting for a response to your application: do not lose your residency card or resident status, as this is the factor that will largely determine the next point.

Furthermore, suppose you receive a negative result and are denied citizenship. In that case, you will be left without residency in Spain (thus becoming an irregular citizen) and will be forced to return to your country of origin with no option to stay. 

How Long Can I Stay Out Of Spain If I Am Applying For Citizenship?

As we have seen, keeping your residency in Spain is the most important thing.

Thus, the precise time you can be outside of Spanish territory due to your trip is not determined by any rule imposed by the citizenship procedure, but rather by the type of card you have and the requirements to avoid losing it.

In this regard, we have the following primary options:

• If you have a temporary residency card (1-2 years), you can spend up to 6 months outside of Spain in a year.
• Long-term residents (5 years) may spend up to one year outside the European Union in a row.
• And for those with a permanent community card, up to two years outside Spain.

Receiving Your Citizenship Resolution While Being Outside Of Spain

Furthermore, if you travel outside of Spain for an extended period while waiting for your resolution, you may suffer another negative consequence.

What if you get a favorable resolution while out of the country?

In theory, there would be no problem because you would receive the notification by mail and online.

You’d be able to check the status of your file online at any time via the “cómo va lo mo” portal, and you’d know almost instantly if you’d finally been granted citizenship.

However, once granted citizenship, you must adhere to a strict timetable.

You have 180 days to take the oath; if you wait for longer, you will lose your nationality.

So, as long as you can ensure that you will be alert to receive your resolution (if you are not in Spain via cómo va lo mo because you will not see your post mail), and you make an appointment for the oath within the deadline, you should be fine.

However, long trips frequently cause the foreigner to see the notification months later when he returns to his home in Spain after it is too late. 

How Long Can A Spanish Resident Be Out Of Spain?

If you are a legal Spanish resident and want to stay for the long term, continue reading. Because to do so, you must renew your residency card, which requires you to adhere to the immigration law’s maximum leave times. There in this article, we will look at how long you can leave Spain as a resident without losing your residency. We will investigate the differences based on your card type and whether there is a solution if you still need to complete the deadline.

How Long Can A Resident Leave Spain?

You must exercise caution once you have obtained your residence card. Being absent from Spain for an extended period may result in losing your residency.

Thus, while Spanish immigration regulations allow you to leave the country and travel abroad (for example, to visit relatives during Christmas), the truth is that there is a maximum period of time available to do so before your card expires and you lose it (an extinction that, as we will soon understand, may mean the impossibility of recovering your residency in the future).

That is why it is critical to understand and adhere to these deadlines before beginning your application (so that you can plan).

Each card, however, has its unique characteristics.

This means that the amount of time you can take off depends on your card type.

To find out how long you can stay outside of Spain, you must first understand what type of card you have (temporary or long-term) and under what regime (general or community).

Temporary Residency Card Under The General Regime

First, we have temporary cards, which are initially issued for one or two years.

We’re talking about the most common scenarios, like the arraigo, the non-profit residence, a regular work permit, etc.

In any of these cases, you can stay outside Spain for six months within a year.

Otherwise, you will not be able to renew your residency if you stay longer than this period.

Keep in mind that staying these 183 days (at the very least) in Spanish territory will convert you into a resident for tax purposes (something different from being a resident at the immigration level, but with important consequences at tax one).

Residency Under Community Regime (Temporary)

On the other hand, the case of temporary residence under the community regime behaves somewhat differently than the previous one.

We’re talking about the card as a family member of an EU citizen, which grants you residency because you’re related to an EU citizen.

In this case, even if you have a residency card valid for five years, it is not a long-term card (but a temporary one).

As a result, you have a maximum of 6 months within a year to leave and travel outside of the country before the card expires. This is critical for the renewal to be successful.

The difference, in this case, is that these six months can be extended up to 12 months in certain circumstances. We’re talking about circumstances that force you to leave the country, such as:

• Working reasons
• If you were pregnant
• Relocation of a family member
• Due to illness

Permanent Community Residency Card

On the contrary, if you have a permanent card issued by the EU, you can stay outside of Spanish territory for a maximum of two years until it is renewed.

Long-Term Card (Permanent Residency)

The period allowed for the long-term card (a residence for 5 years) is extended to 1 year continuously and consecutively, but this time using the EU (rather than Spain) as the geographical reference.

In other words, to renew this card, you must not have spent more than one year outside the entire territory of the European Union, which creates much more favorable conditions.

Furthermore, excluding sporadic departures, your departures can be at most five months in the last five years.

This is a common occurrence for many foreigners.

If you live outside the EU, you should return to Spain or any other country within this zone before the end of the year and have your passport stamped so that you can return to your usual place of residence and renew your card when it expires without difficulty. 

EU Long Term Residency

Finally, there is the case of the long-term EU card, which provides five years of residency but has its own set of requirements.

While it is true that this residence is a gateway to moving and settling in other European countries, failure to return to Spain within the specified time frame will result in its expiration.

To avoid losing your long-term EU residency, you can only stay outside Spain for up to six years. 

When Do These Deadlines Start Counting?

Knowing when these terms and leaves begin to count is critical to perform the calculations correctly and avoiding staying out longer than permitted.

When does the time begin to run for those six months or one year allowed out, and when and how does it end?

Again, the answer is dependent on the type of card in question:

• Long-term residences are the most straightforward, as you will begin counting from the moment you leave the country and will end when you return and enter Spain again.
• However, when it comes to temporary residency, you must always adhere to the 6-month rule, which begins one year before the current date. That is, you will begin with the present day, travel to the same day in the previous year, and then ensure that you stay within 183 days within this period.

Can I Recover My Residency If I Have Been Out Of Spain Longer Than The Allowed Time?

Unfortunately, this is a relatively common occurrence.

Many foreigners spend more than their allotted time outside the country because they must be aware of the various deadlines.

The first thing to remember in these situations is that you will be able to return to Spain without difficulty. Because you are still within your residency period, you will not be barred from entering at any time.

However, two things may occur:

• First, if the Spanish authorities discover that you have been out longer than permitted, they may initiate a procedure to cancel your card. This procedure allows you to make allegations to keep your card (i.e., you would have the option to justify your departures), but if they are not convincing or valid, your card will be permanently revoked.
• On the contrary (as is typical), you will be unable to renew your residency because you have missed the deadlines.

In either of these scenarios, you would lose your card and residency.

Is it possible to reclaim it? It all depends on the card you’re holding:

• You should be fine with regaining long-term residency if we are talking about long-term residency. What expires or is extinguished is not your right to reside in the country (which you are guaranteed indefinitely) but your physical card. And you could do this at either the immigration office in Spain or the Spanish consulate in your home country.
• On the other hand, this does not happen with a temporary card. If you are more than six months away, the card is extinguished and cannot be recovered, so you must restart the application process from the beginning.

Time Out Of Spain And How It Affects Obtaining The Nationality

So far, we’ve seen the deadlines to keep your residency, renew it, and legally stay in Spain in the long run.

But be cautious!

You must be much more stringent if you intend to apply for and obtain Spanish nationality.

It is a requirement for nationality application by the residence that you have not continuously been abroad for more than three months if you want to be successful.

Also, remember that once you get it, you could lose it if you do not use it within three years after its attainment.

Final Words

You can leave the country, but be careful with time spent abroad. In summary, and as a conclusion to this article, it is possible to travel and leave Spain while the situation is being resolved. There will be no problem if you need to go on vacation for a month or two to your country of origin. When you return to Spanish territory, your process will be unaffected, and you will be able to proceed as usual.

However, in order for this to be the case and for there to be no problem, you must ensure that two major goals are met:

• Your residency card does not expire, so you can only stay outside of Spain for as long as your type of residency allows.
• Be aware of a potentially favorable resolution and request the oath appointment within the established deadline.

However, if you still have questions or want to ensure that your citizenship application is approved and followed all of the steps correctly, pursue a legal firm in Spain.