The Supreme Court of Spain Guarantees More Freedom for Temporary Foreign Residents

The Administrative Litigation Chamber of the Supreme Court has declared null and void an article of Spain's Immigration Law Regulation that established as a cause for the termination of temporary residence authorization in Spain staying outside the country for more than six months in a year. This measure, considered by the court as restrictive and unfair, limited the fundamental right of free movement of foreign citizens.

The decision of the Supreme Court arises from the appeal filed by a citizen of Iran, whose temporary residence and work authorization in Spain was declared terminated for having stayed outside the country for more than six months. Although both the Administrative Court and the Superior Court of Justice of Catalonia initially dismissed her appeal, the Supreme Court finally upheld her appeal, emphasizing that absence from the national territory cannot lead to the extinction of such authorization, as no legal provision establishes that obligation.

This decision marks a significant milestone in Spanish jurisprudence regarding the rights of foreigners. It reinforces the protection of the fundamental rights of temporary residents in Spain and underscores the importance of correct normative hierarchy in the development of migration policies.

The annulment of this rule has a positive impact on the migrant community in Spain. Previously, the possibility of losing temporary resident status due to prolonged absences caused uncertainty and problems for many. Now, this rule no longer applies, providing more freedom to travel and live life as desired.

For those in the process of obtaining temporary residence, this news is also encouraging. They will know that once their residence is obtained, they will not have to worry about losing it due to prolonged absences from the country.

However, it is important to note that these absences may still be taken into account for other processes, such as nationality by residence. Therefore, one should not be complacent after this news; continued and prolonged absences from Spanish territory may be a cause for denial if you wish to initiate the nationality process.

If you would like more information on how this decision may affect your specific situation, please do not hesitate to contact us.

 

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