You got your Spanish residence card, and then life happened: a long project in Asia, a parent to care for back home, a winter working from Bali. Seven months later you open your calendar and a cold thought hits: have I just lost my residency?
Probably not. Since a Supreme Court judgment of 5 June 2023, a temporary residence permit is no longer cancelled automatically for spending more than six months outside Spain. But absences still matter, in two moments: when you renew, and when you apply for long-term residence.
What Changed in 2023
Where Absences Still Count
Renewing your permit
Digital NomadYou must still meet the conditions: remote job, income, insurance Non-lucrativeRenewal requires living in Spain more than 183 days per calendar year In practiceLong absences are reviewed case by caseLong-term residence (5 years)
General limitUp to 6 months in a row, and 10 months in total over 5 years Work-related tripsUp to 18 months in total over 5 years ConditionAll departures must have been legalHow Long You Can Be Away Over 5 Years
Total absences allowed for long-term EU residence (article 176)
Example
Nina, a Canadian UX consultant on the Digital Nomad permit, spends seven months in Singapore on a client project. Her permit is not cancelled. At renewal she still has the remote contract and the income, so she renews. But those seven months exceed the six-month limit for a single absence, so her five-year count for long-term residence has to be reviewed.
Example
George, a retired Briton on the non-lucrative permit, spends five months a year in England. That leaves only about 210 days in Spain, above the 183 needed to renew, but with little margin. One extra month away and his renewal is at risk.
How to Travel Without Risk
- Keep a travel logDates of every exit and entry, with boarding passes or passport stamps.
- Document work tripsClient contracts or employer letters, so they count within the 18-month limit.
- Check before renewingEspecially on the non-lucrative permit, where the 183 days are checked.
- Plan the five-year countIf long-term residence or nationality is your goal, avoid single absences over six months.
If you hold or want the Digital Nomad permit, start your Digital Nomad Visa application with us and we will plan your travel around it.
Why Absences Are Trickier Than They Look
- Believing the Supreme Court ruling means absences never matter.
- Forgetting the 183-day rule on the non-lucrative permit.
- Travelling for work without proof that the trip was work-related.
- One absence of more than six months in a row, which breaks the long-term count.
- Ignoring tax residency: fewer than 183 days in Spain can change where you pay tax.
Where Are You a Tax Resident?
Long absences can change your tax residency too. Check it in a few minutes.
Take the Free Tax Residency Test →That seven-month gap in your calendar does not have to cost you your residency. What matters is knowing which clock is running: renewal, long-term residence or tax.
Talk to a Lawyer Before You Travel
If you are planning a long stay abroad, or you have already had one, that is exactly what a consultation is for. At MigratioLex, we review your specific case, not a generic checklist. We respond within 24 hours, in English, French or Spanish.
Book Your Initial ConsultationThis article is for informational purposes only and does not constitute legal advice. Based on Supreme Court judgment 731/2023 of 5 June 2023, Royal Decree 1155/2024 (article 176) and the Ministry of Inclusion information sheet on non-lucrative renewal. The examples are illustrative.
