PERMANENT RESIDENCE (TIE) FOR NON EU CITIZENS

V-2.- CITIZENS FROM OUTSIDE THE EUROPEAN UNION – OUTSIDE THE EU

1- PERMANENT OR LONG-TERM RESIDENCE CARD – What does it consist of?

Once you have been living permanently in Spain FOR FIVE YEARS, you can agree to stay in Spanish territory permanently, with the Permanent Residence Visa, now called “Long Term Visa”.

Also called “Long Term Residence”, once obtained, it allows the non-EU citizen to reside and work, with all the rights of Spanish citizens.

The only limitation imposed by this residency is that you cannot leave the country for more than SIX MONTHS, or a maximum of ONE YEAR, within the 5-year period, once the residency is granted.

How do you obtain permanent residence?

As we have previously explained, once the resident remains in Spain for a period of FIVE YEARS, through successive renewals of their Temporary Residence Cards, they can opt to obtain a Permanent Residence Card, or Long Term Residence Card, also known as TIE.

How are the five years necessary to obtain permanent residence in Spain calculated?

Depends on the type of visa:

– Student Visa: The time spent residing in Spain under the student visa counts 50%.
– The rest of the visas, including the Golden Visa, count at 100%.

An example:

A student has resided in Spain for 4 years during which she has completed a university degree. In this case, the time that she will count for the purposes of obtaining permanent residence will be two years.

What documents are needed to obtain a permanent or long-term residence card?

• Proof of payment of the corresponding fee
• The presentation of the complete EX-11 form.
• Current residence card (the one that is about to expire)
• Original passport and copy.

Requirements to obtain a permanent or long-term residence card:

• Be free of criminal records
• Justify the length of time of the five years  you have actually resided in Spain. This can be demonstrated with any means of proof, such as a registration certificate, rental contract, employment contract, payroll, etc.
• Not having resided or remained outside of Spain for periods longer than ONE YEAR. Continuity will not be affected by absences of up to six continuous months, as long as the sum does not exceed ten months within the five years, or that the sum does not exceed one year, if the absences are for work reasons.

What is the process to go from temporary residence to permanent residence?

– It must be submitted within 60 DAYS of the expiration of the temporary visa.
– Appear before the Immigration Office of the town of residence.

What is the validity period of the Permanent or Long Term Residence Card?

It has a validity period of FIVE YEARS.

What benefits are obtained with the Spanish Long Term Card?

• Allows you to reside and work in Spain freely, in the same way as any Spanish citizen.
• Allows free access to Spanish Public Health
• It does not allow voting in local or national elections.

But, an important limitation is that IT DOES NOT ALLOW YOU TO WORK OR RESIDE IN ANY OTHER STATE OF THE EU.

That is, long-term residence limits the residence and work of the resident to Spanish territory exclusively.

In the event that you wish to obtain freedom to reside or work in any other EU country, then it is convenient to access the – EU LONG-TERM RESIDENCE AUTORIZATION

2.- EU LONG-TERM RESIDENCE AUTHORIZATION OF THE EUROPEAN UNION.

What is the EU LONG-TERM RESIDENCE AUTHORIZATION?

It is a long-term EU residence authorization that authorizes you to reside and work in Spain indefinitely under the same conditions as Spaniards and grants the possibility of obtaining a residence or residence and work authorization in other Member States of the Union, in the conditions that they determine.

What are the requirements to obtain the EU Long-Term Authorization?

• Not be a citizen of a State of the European Union, the European Economic Area or Switzerland, or a family member of citizens of these countries to whom the Union citizen regime applies.
• Have no criminal record in Spain or in their previous countries of residence for crimes existing in Spanish law.
• Not being prohibited from entering Spain and not appearing as rejectable in the territorial space of countries with which Spain has signed an agreement in this regard.
• Have resided legally and continuously in Spanish territory for five years. Continuity will not be affected by absences of up to six continuous months, as long as the sum does not exceed ten months within the five years, or that the sum does not exceed one year, if the absences are for work reasons.

For the required five years, the periods of stay for studies, student mobility or non-work internships will be counted as 50% of their duration, provided that at the time of the application you are residing in Spain.

For EU blue card holders who have resided in Spanish territory for at least the last two years, residence in the European Union as an EU blue card holder will be taken into account to compute the required 5 years. In this case, the absences from the European Union may be up to twelve continuous months, and the sum of these may not exceed the total of eighteen months within the five years.

• Have fixed and regular resources for their maintenance and, where appropriate, the family in their care. For family units that include two members, an amount that represents 150% of the IPREM will be required; for each additional member, 50% more must be added.
  The resources may come from own resources or from carrying out work or professional activities.
  – Have public or private health insurance that covers the risks normally insured for Spanish citizens.

What are the differences between the Spanish long-term card and the EU long-term card?

• The Spanish card does not allow you to reside or work outside the EU
• The Spanish card, on the other hand, does not require justification of financial means. The EU card requires proof of regular income greater than 150% IPREM, plus 50% more for each member of the applicant’s dependent family.
• The Spanish long-stay card grants the right to public health assistance, while the EU long-stay card requires private insurance for the applicant and his or her family.

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