Talk Quesada forum

Maybe this might cause a debate . . .

When you obtain Residency do you get it permanently or does it only last for 5 years?

I have heard so many conflicting things on this. We are currently in the process of applying for it and our lawyer has advised it will only last for 5 years and that we will need to reapply next time as non-EU (using a different criteria).

I have relayed this information onto several people and they all are disputing this; in fact I get the impression that, if it does only last 5 years, that a lot of people need to reapply.

Firstly, only non-EU residents apply and get residency in Spain and this is valid for an initial one year which is then extended to 5 years.
A EU citizen applies to go on the register of EU foreign nationals residing in Spain. We call it "residency" because it's easier but the EU stopped the requirement for official residency for EU citizens some time ago. Once on that register, it is valid for life (or as long as you want it to be). You get most of the benefits of things like capital gains tax, inheritance tax etc just by being on that register.
However, there is a status of "permanent residency" which you can apply for after being here for an uninterrupted five years (less short breaks away). This is a different status as it is valid for both EU and non-EU citizens. As an EU citizen, you automatically qualify for this status after 5 years and you can apply for a card that confirms this.
So, if you are simply applying for what we refer to as residency (the green card) then it does not require renewing after 5 years but the padron (equivalent to the electoral roll) does need updating every 5 years.

(Please don't ask what our status will be after we leave the EU because, as they say on QI, Nobody Knows (as yet))

Many thanks Marcliff, very helpful as always.

Just one more thing, can you advise what the advantages are of getting the permanent residency after 5 years over just being on the register for as long as you want?

Hi
Can anyone clarify please my query above.
TIA

Angela17 wrote:Many thanks Marcliff, very helpful as always.

Just one more thing, can you advise what the advantages are of getting the permanent residency after 5 years over just being on the register for as long as you want?

Once you have your "residency" or more correctly have been registered on the "registro de extranjeros" and have the credit sized green card then becoming a permanent resident is automatic 5 years after your initial registration, you do not need to do anything more.

IMHO though it is better to get it updated so that the green card actually states "carácter permanente".

Being a permanent resident means that you are more or less treated the same as a Spanish citizen and you have a right to remain living in Spain without conditions. (You may lose this right though if you are absent from Spain for more than 2 years).

Sorry Angela17, I didn't see the original question.
It means you have permanent EU residency, not just the status of a EU foreigner residing in Spain. No matter what happens politically it can't be changed as it is valid for both EU and non-EU citizens. You can also transfer to another EU country if you wish.
It confirms your right to live in the country you now live in (Spain in our case) permanently and without any conditions.
As it is simply filling in the EX15 form again and ticking the box for permanent residency it can't do any harm is my way of thinking.

Many thanks Marcliff, very useful information.