Question
Would anyone know how many days are we allowed to be outside Spain before we file for our Spanish citizenship? Especially for those countries with a “special 2-year residency requirement” like the Philippines and South American countries?
And do you think they will be able to track our travels within the EU countries even if our passports were not stamped since we didn’t pass through immigration anyway? My partner said we could still be tracked because of our NIE or passport which we inputted when we traveled. Any thoughts would be much appreciated!
Answers
These are the answers of Spainguru’s Facebook group members:
“From my understanding, it is a maximum of 3 months per year. I thought the writing stated ‘3 meses consecutivos.’ Not sure within the EU.”
“They may only use the passport pages as a reference for trips outside Spain. Someone mentioned they could dig into our NIE and see our travels within Schengen, but I’m not sure if this will be part of the information they check.”
“Citizenship cases for Spanish diaspora immigrants are decided by judges. They have leeway that funcionarios don’t have. There are no published cut-and-dried ‘rules’ to follow. Judges want to see that you’ve spent most of your two years in Spain, ideally a minimum of 9–10 months each year.
They might ask for proof like rent receipts, utility bills, restaurant and laundry receipts, flight or train tickets, etc. Hold on to every receipt you can, keep them organized, and have them ready when you present your case.”
“There is no fixed guideline, but no more than 90 days per year outside Spain is the general consensus. This is the standard lawyers have seen get approved.”
“We’re allowed out for 90 days a year, and it doesn’t need to be consecutive.”
“If there’s no entry stamp on your passport, you can provide other proof, like boarding passes, confirmed flight tickets, or a vida laboral if you’re working for a Spanish company.
If your point of entry into the EU wasn’t Spain, submit proof that Spain was your final destination. My lawyer and I also included a list of all the trips I took (dates, point of entry/exit, page number for stamps in the passport) and the flight tickets. It’s an extra step, but it shows transparency with how much time you spent outside Spain.”
Conclusion
When applying for Spanish citizenship under the special 2-year residency rule, it’s important to demonstrate that you’ve spent most of your time in Spain. While there is no universally enforced rule, lawyers and community members agree that spending no more than 90 days per year outside Spain is a safe standard.
Judges reviewing citizenship cases may request evidence of your time in Spain, such as rent receipts, utility bills, or travel documentation.
If your passport lacks entry stamps, you can provide alternative proof like boarding passes or work records. Preparing a clear and detailed record of your movements can help strengthen your application and avoid potential issues.
