One of the most confusing aspects of Spanish immigration law is how Spain long-term residency absences are calculated. To qualify for long-term residency (residencia de larga duración), non-EU residents must not have been outside Spain for more than 10 months during the previous five years of temporary residence.
But how are these absences actually counted? Do departure and return days count? And what about Schengen travel where there are no passport stamps?
The 10-Month Rule Explained
The law, jurisprudence and regulatory practice sets a clear limit: applicants for long-term residency cannot exceed 10 months of absence from Spain in a five-year period. However, the rule refers to “months” without translating this into days, which creates room for interpretation.
In practice, immigration offices usually calculate absences in days, based on passport stamps or other evidence of travel. This can create discrepancies, since not all authorities count days in the same way.
Legal Basis of the 10-Month Rule
- Article 32 of the Organic Law 4/2000 establishes the general conditions for long-term residency.
- The 10-month cumulative absence limit is derived from regulatory practice and has been reinforced by the Spanish Supreme Court (nº 731/2023 (5 June 2023)).
- The rule is twofold:
- No single absence longer than 6 consecutive months.
- No more than 10 months in total across 5 years.
How Immigration Offices Count Days Abroad
Based on practice across Spain, there are generally two methods used to calculate Spain long-term residency absences:
- Strict legal view: Departure and return days are considered days in Spain. For example, if you leave on 10 August and return on 15 August, your absence is 4 days.
- Simplified calculation (common in extranjería): Authorities subtract the departure date from the return date, effectively adding one extra day. In the same example, the absence would be recorded as 5 days.
This second method is often applied because it is easier to calculate, even if it slightly overestimates time abroad.
Practical Examples Table
| Travel Dates | Legal Interpretation | Simplified Office Method | Absence Counted |
|---|---|---|---|
| 10 Aug – 15 Aug | 4 days (departure & return IN Spain) | 5 days (subtraction method) | 4–5 days |
| 1 Jan – 1 Feb | 31 days | 32 days | 31–32 days |
| 5 Mar – 5 Sep | Rejected: exceeds 6 consecutive months | Rejected | Over limit |
What About Schengen Travel?
Travel within the Schengen Area is particularly tricky, since there are usually no passport stamps. In practice, this is often treated as if you remained in Spain, unless there is evidence to the contrary (for example, long stays in another EU country).
If doubts arise, authorities may request supporting proof such as padrón registration, bank transactions, or rental contracts to confirm Spain is your true place of residence.
Future Changes: The EU Entry/Exit System (EES)
Starting in the near future, the European Union plans to implement the Entry/Exit System (EES), which will electronically record border crossings for non-EU citizens. Once operational, this system will make it much easier for Spanish immigration offices to verify absences precisely, even within the Schengen Area.
Although it is not yet clear whether Spanish authorities will have direct access to the EES for residency applications, applicants should be aware that monitoring of absences is likely to become more accurate and less flexible.
The system is expected to begin operation in late 2025, meaning future applicants will likely face stricter and more consistent absence checks.
Practical Tips to Stay Within the Rules
If you are preparing for a long-term residency application, here are some tips to avoid problems with Spain long-term residency absences:
- Stay well below the 10-month threshold. Don’t cut it close — leave a safety margin of weeks or even months.
- Keep expired passports or scan every page before renewal. Old stamps may be needed as proof.
- Maintain strong ties to Spain, such as padrón registration, housing, and local financial activity.
- Be honest about your travel. Losing or discarding passports is a red flag for immigration.
Different Rules for Other Residency Categories
It is important to note that the 10-month rule applies mainly to non-EU residents holding permits such as the Non-Lucrative Visa or the Digital Nomad Visa. Other residency categories follow different rules:
- Family members of Spaniards or EU citizens: typically limited to 6 months outside Spain in a single year.
- UK citizens under the Withdrawal Agreement (Article 50): subject to their own specific rules.
- EU citizens: not subject to the 10-month limit.
Always confirm the specific conditions of your residency type before planning extended travel.
Conclusion
The rule on Spain long-term residency absences is clear in theory but often inconsistent in practice. While the law mentions months, immigration offices typically calculate in days, sometimes adding an extra day for each trip.
The safest strategy is to keep absences far below the maximum allowed and maintain solid documentation of your residence in Spain. By planning ahead and keeping thorough records, you can strengthen your application for long-term residency and avoid unnecessary risk.
This article is based on practical experiences and official cases. It does not constitute legal advice.
Need Professional Help?
If you are unsure how your travel history might affect your long-term residency application, it is best to seek professional guidance. Immigration lawyers can review your passport stamps, calculate absences according to current practice, and advise you on the safest path to approval. For expert help with Spanish residency, you can contact our recommended immigration lawyers.
FAQs
Why is it important to keep thorough records of travel and residence when applying for long-term residency in Spain?
Keeping detailed records of travel and residence helps demonstrate compliance with absence limits and strengthens your application, reducing the risk of rejection or complications due to discrepancies or lack of proof of continuous residence.
What practical steps can I take to ensure I stay within the absence limits for long-term residency?
To stay within the limits, it is recommended to keep total absences well below 10 months, maintain documentation such as expired passports or scanned pages, keep strong ties to Spain through registration or local financial activities, and be honest about your travel history to avoid raising red flags.
What is the common practice among immigration offices in Spain for calculating days abroad?
Immigration offices usually use two methods: a strict legal view that counts departure and return days as days in Spain, and a simplified method that subtracts the departure date from the return date, effectively adding an extra day, which is more common as it simplifies calculation even if it slightly overestimates the time abroad.
Do days spent traveling within the Schengen Area count as days abroad for Spanish residence purposes?
Travel within the Schengen Area is generally treated as if the person remained in Spain unless there is clear evidence of extended stays in other EU countries. Authorities may require supporting documentation such as registration records, bank transactions, or rental agreements to confirm actual residence.
How is the 10-month absence rule for long-term residency in Spain calculated?
The 10-month absence rule is based on the cumulative period a person has been outside Spain over five years. Immigration authorities usually count the days of absence, often considering departure and return days, and sometimes add an extra day for travel within Schengen countries, even if there are no passport stamps.
