Time abroad and breaks: keeping EU permanent residence continuous

Key rules

• Short trips: Trips adding up to no more than six months a year do not break your five years.
• One long absence: One absence of up to twelve consecutive months is tolerated only for an important reason, such as pregnancy, serious illness, study or a posting abroad.
• Money and health cover: Time without enough resources or health cover may not count as lawful residence.
• Losing permanent residence: Once acquired, you lose permanent residence only after two consecutive years of absence from Spain.

Short trips do not break your five years

Ordinary travel is fine. Your five years stay continuous with absences totalling up to six months a year. Holidays, work trips and visits home all count towards that total.

One long absence for an important reason

You can also be away once for up to twelve consecutive months without breaking continuity, if the reason is important. Examples are pregnancy, serious illness, study, vocational training or a posting abroad. Compulsory military service abroad is also tolerated.

Keep proof of the reason, such as a medical report, a study enrolment or a posting letter.

What can break the five years

Longer or more frequent absences than those above can mean your five years are treated as broken. Stay inside the limits, and keep a dated list of your trips.

Gaps in money or health cover

Time only counts as lawful residence while you meet the conditions for living in Spain as an EU citizen. If you are not working, that means enough income or savings and health cover. A period with neither does not count for that time.

The clock is not formally reset to zero. The immigration office looks at the whole five years. It may tolerate a short gap, or it may ask for more evidence or refuse if the gap is significant. Offices differ in how strictly they apply this, so ask yours before you rely on your five years. Bank statements or a policy from the gap period help.

After you have permanent residence

Once you hold permanent residence, long trips no longer threaten it. You lose it only after two consecutive years of absence from Spain. Plan any long stay abroad with that limit in mind.

The timeline, checklist and warnings below sum this up. The quick answers cover your padrón registration and other common questions.

Timeline and deadlines

How long you can be away

• Take short trips abroad. Your five years stay continuous if they add up to no more than six months in a year.: each year, in total up to six months

• Take one longer absence for an important reason such as pregnancy, serious illness, study, vocational training or a posting abroad. Compulsory military service also counts as a tolerated absence.: one absence of up to twelve consecutive months

• Stay away longer than these limits. Your five years can then be treated as broken.: once you pass the limits above

Checklist

Protect your continuity

• List your trips outside Spain for each year of your five, with dates in and out.

• Gather proof of enough income or savings for every year of your five.

• Gather proof of health cover for every year of your five.

• Mark any period with no resources or no health cover, because that time may not count as lawful residence.

• Add extra evidence for any gap, such as bank statements or a policy from that period.

• Ask your local immigration office how it treats a short gap before you rely on your five years.

• If you already have permanent residence, check you will not be out of Spain for two consecutive years.

Offices differ in how strictly they treat gaps, so confirm what evidence yours expects with your local immigration office.

What to watch out for

What to watch out for

• Long absences can break your five years: Absences beyond the allowed limits can break the continuity of your five years, so time before them may stop counting. Plan your time abroad against the limits before you travel, and keep proof of the reason for any long absence.

• A gap in resources or health cover: Time without enough resources or without health cover does not count as lawful residence. The office may refuse your proof of residence or ask for more evidence if the gap is significant. Keep proof of income and health cover for every year, and bring extra evidence for any gap.

• Permanent residence can still be lost: Once you have permanent residence, you lose it after two consecutive years of absence from Spain. Return to Spain before two consecutive years pass, and keep your travel dates so you can show when you were here.

Quick answers for EU and British permanent residents

Does keeping my padrón registration up to date protect my five years?

No, padrón registration is not a legal condition for keeping your five years, but it is the easiest proof of them. Padrón is the municipal residents' register, and a certificate of your registration history shows where and since when you have lived in Spain. If you were removed from the register, tax records, rental contracts, utility bills, health registration and work records can fill the gap.

Do my years in Spain before Brexit count for a Briton's permanent residence?

Yes, years of residence before 31 December 2020 count toward the five years if you are covered by the Withdrawal Agreement. If you were already resident since 2015 or earlier, you had permanent status by the end of 2020. If you had less, you stay on temporary residence and gain permanent status when you complete five years, then exchange your card at the foreigners' office or police, usually by appointment.

Can my non-EU spouse get permanent residence with me?

Yes, a non-EU spouse or family member gets permanent residence after five continuous years of legal residence in Spain with you. They start with a five-year card, then hold a permanent family card valid for ten years and renewable. You must remain a qualifying resident, and the same absence limits apply to them. Rights may be kept in some cases, such as your death or a divorce.

Can an EU citizen choose a national residence permit instead of the EU regime?

No, an EU citizen in Spain falls under the EU free-movement regime and has no routine option to choose the national permit. That national permit is for non-EU nationals. The EU regime needs no visa and has simple registration, but your rights depend on working, being self-employed, or having enough resources and health insurance.