In this article, we delve into the Spanish Long-Term Residence recovery. This topic has undergone recent changes in its criteria, with adjustments made in the past year and again this year, all aimed at simplifying the process of regaining long-term residency.
We are talking about cases where a foreigner already has a long-term residence. They had a long-term residence, and the most common case is the typical scenario of a person who goes to their home country and stays outside of Spain for more than a year. In these cases, that long-term residence could have been lost or extinguished due to staying outside of Spain for more than a year continuously.
In such cases, it is possible to recover that long-term residence card. What used to happen before was that immigration offices required the foreigner to apply for the card’s extinguishment before they returned to Spain. Many times, foreigners, unaware of this circumstance, would go to the immigration office in Spain and request the recovery of their residence directly. Since the card was not extinguished, the office in Spain would extinguish it, obliging them to return to their home country and apply for a residence visa from there, effectively a recovery of long-term residence from their home country.
The new criteria for the Spanish Long-Term Residence recovery process
Now, the immigration authorities have established a much simpler criterion for foreigners who want to recover this long-term residence. It essentially states that if you have been outside of Spain for more than a year continuously and return to Spain as a tourist, you can directly go to the immigration office in Spain and request the recovery, even if the card has not been previously extinguished. You would need to provide your medical certificate, criminal record certificate, application form, and fees. The immigration office will then extinguish the previous card and grant you a new one, without the need for the foreigner to return to their home country. This procedure offers greater simplicity and convenience.
The new immigration office criteria makes it much easier for those who had long-term residence to return to Spain. It’s important to note that during this period of legal stay, you must be in a legal stay situation to request this long-term residence recovery much more straightforwardly. Once granted, you can enjoy a new long-term residence card.
Applicable regulations of the Spanish Long-Term Residence
The regulation of this procedure is governed by:
- Organic Law 4/2000, of January 11, on the Rights and Freedoms of Foreigners in Spain and Their Social Integration (Article 32). (Original Title in Spanish: Ley Orgánica 4/2000, de 11 de enero, sobre derechos y libertades de los extranjeros en España y su integración social.)
- Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20 (Article 158 and 159). (Original Title in Spanish: Real Decreto 557/2011, de 20 de abril, por el que se aprueba el Reglamento de la Ley Orgánica 4/2000, sobre derechos y libertades de los extranjeros en España y su integración social, tras su reforma por Ley Orgánica 2/2009.)
Recovering the Spanish Long-Term Residence
The recovery of the ownership of a long-term residence permit can be done when you find yourself in any of these situations:
- When the long-term residence permit has expired due to an absence from the territory of the European Union for 12 consecutive months.
- When the long-term residence permit has expired due to acquiring long-term residence in another EU Member State.
- When a long-term resident foreigner returns to Spain after the end of their commitment not to return period.
Requirements to recover long-term residence
- Not be a citizen of a European Union member state, the European Economic Area, or Switzerland, or a family member of citizens of these countries subject to the Union citizen regime.
- Not be in an irregular situation within Spanish territory.
- Have possessed a long-term residence permit.
- Lack of criminal records in Spain and in previous countries of residence for offenses existing under Spanish law.
- Not be prohibited from entering Spain and not be listed as rejectable within the territorial space of countries with which Spain has signed an agreement to that effect.
- Not suffer from any of the diseases that may have serious public health implications as specified in the 2005 International Health Regulations. (Obtain your medical certificate here)
Documentation required for the Spanish Long-Term Residence recovery
1. Duly completed and signed application form in an official format (EX–11), in duplicate, by the foreigner.
2. Copy of the complete passport or travel document with a minimum validity of four months.
3. Certificate of criminal records or equivalent document, if of legal age, issued by the authorities of the country of origin or the country or countries where the applicant has resided for the last five years.
4. Medical certificate.
5. Model 790, code 052, heading 2.6, “long-term residence authorization and long-term residence-UE authorization,” to be paid by the foreigner… €21.87 (2023).
Important Note: When providing documents from other countries, they must be translated into Spanish or the co-official language of the territory where the application is submitted, by a sworn translator.
Furthermore, any foreign public document must be previously legalized by the Spanish Consular Office with jurisdiction in the country where the document was issued, or, if applicable, by the Ministry of Foreign Affairs and Cooperation, except when the document has been apostilled by the competent authority of the issuing country in accordance with the Hague Convention of October 5, 1961.
Information about the procedure
The eligible individual to submit the application is the foreigner themselves.
Where do I submit the Spanish Long-Term Residence recovery application?
The request for the Recovery of Long-Term Residence Authorization can be made:
- If you are outside of Spain, the application must be submitted at the Spanish diplomatic mission or consular office within whose jurisdiction you reside. (List and jurisdictions of Spanish consulates in the US and List and jurisdictions of Spanish consulates in the UK) This recovery application is directed to the Foreigners’ Office of the province where you wish to establish your residence.
Once the authorization is granted, the foreigner must apply for a residence visa at the competent diplomatic mission or consular office. They will issue the corresponding visa because you have regained the status of long-term residence authorization holder.
- If you are in Spain, the application should be submitted within 3 months from your entry into the country at the immigration office corresponding to your place of residence or where you intend to carry out your work activity.
The processing period for the application is three months from the day following the date on which it was registered with the competent authority. If the Administration has not notified the decision within this period, it can be assumed that the application has been approved by administrative silence. (If it is not possible to notify the resolution, it will be announced on the Single Edict Board (TEU) at https://www.boe.es/notificaciones/. If electronic notification was chosen or it is legally required to use that method, the resolution will be notified by publication on the electronic headquarters. If you do not access the resolution within 10 business days from its publication, it will be considered as duly notified).
The authorization becomes effective:
- If you are in Spain, from the notification of the resolution.
- If you are not in Spain, from your entry into national territory.
Within one month from the effective date of the long-term residence authorization, the foreigner must personally apply for the Foreigner Identity Card at the Foreigners’ Office or Police Station in the province where the authorization was processed.
At the time of fingerprinting, the applicant will present their passport or travel document to confirm their identity and provide:
- Application for the Foreigner Identity Card, in an official format (EX–17).
- Proof of payment for the card fee, amounting to €21.87.
- Three recent color photographs, with a white background, passport-sized.
Holders of a long-term residence permit must apply for the renewal of the Foreigner Identity Card every five years. The application must be submitted during the sixty natural days prior to the expiration date. If it is submitted later, the corresponding sanctioning procedure could be initiated.
In conclusion, the Spanish Long-Term Residence recovery process has undergone significant simplifications in recent years, making it more accessible to those who may have lost their long-term residence status due to extended stays outside of Spain. Now, returning to Spain as a tourist after being away for more than a year allows individuals to directly request the recovery of their long-term residence, even if the card has not been previously extinguished. This streamlined procedure offers greater convenience, but it’s essential to meet the specified requirements and provide the necessary documentation. Whether you’re in Spain or abroad, understanding the updated criteria and regulations is crucial to successfully regain your Spanish Long-Term Residence status and enjoy the benefits it offers.
