Historic Ruling in Spain Changes Temporary Residency Rules for Foreigners

Spain’s Supreme Court has issued a historic ruling that eliminates the legal requirement under which temporary residence permits could be revoked if foreigners spent more than six months outside the country within a single year. Legal experts describe this as a significant shift in Spanish immigration law.

The new decision applies to both current and future holders of temporary residence permits, following its publication in the official state gazette. This means that foreigners who spend extended periods abroad for family, professional reasons, or remote work will no longer automatically lose their residency rights due to absence alone.

The Supreme Court justified its decision by stating that the previous restriction violated the constitutionally guaranteed right to freedom of movement, and such a limitation cannot be imposed through executive regulations alone but requires a legislative amendment approved by the Spanish Parliament.

The ruling is expected to provide greater flexibility for immigrants residing in Spain, particularly those living between multiple countries or engaged in international work, reflecting a judicial approach that protects the rights of foreign residents without undermining general residency or citizenship laws.

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