The renewal of the temporary residence authorization will no longer be subject, for the time being, to the minimum period of stay in Spain of six months within a calendar year.
Until now, foreigners wishing to extend their stay in Spain had to prove that they had lived within our borders for at least six months in a period of one year. This requirement was regulated by Article 162.2.e) of the Regulations of Organic Law 4/2000, on the rights and freedoms of foreigners in Spain and their social integration, after its reform by Organic Law 2/2009.
However, last June 20, the Supreme Court annulled the requirement to stay a minimum of 6 months in this country within a calendar year due to a regulatory conflict. Apparently, the magistrates of the Supreme Court, annulled such requirement by appreciating that the limitation of the fundamental right to free movement and residence of people is reserved to a norm with the rank of organic law or a treaty, and not residing such limitation in a norm of such level, declared null the requirement for the renewal of the temporary residence in Spain.
The Supreme Court upholds the renewal of the temporary residence permit in Spain after stays abroad.
In short, the Supreme Court concludes that the departure from Spanish territory of a foreigner during the period of six months in a year cannot extinguish the possibility of renewal of the residence permit in Spain, since the immigration regulations do not contain in any of its precepts such obligation.
In spite of this, from Imont we continue to encourage those who wish to renew their temporary residence permit in Spain to continue to comply with the minimum periods of stay in our country, as has been done to date, as it is a matter of time before the Immigration Law rectifies the error.
