If you hold a temporary residence permit in Spain and, as a digital nomad, you spend more than six consecutive months outside the country, you’ve probably wondered whether you could lose your residency because of it.
The good news is: temporary residency is no longer automatically revoked for being abroad more than six months. This is thanks to a key ruling by the Spanish Supreme Court, which annulled the regulation that previously allowed it.
What did the old rule say?
Until recently, Article 162.2.e) of the Spanish Immigration Regulation (Royal Decree 557/2011) stated that if a person with temporary residence stayed outside Spain for more than six months in a one-year period, their residency would be automatically terminated, with no need for an administrative decision.
However, in June 2023, the Supreme Court struck down this provision, ruling that it violated fundamental rights and that only an Organic Law (not a regulation) could impose such a severe restriction.
In short: There is currently no valid rule that automatically cancels temporary residence due to being outside Spain for more than six months.
What if I want to renew my permit for another 2 years?
That’s not a problem either.
If you have, for example, a 1-year permit and want to renew it for 2 more years, the key is to continue meeting the original conditions that granted you the residency:
- That you’re still working remotely (in case of a digital nomad or remote work permit),
- That you maintain sufficient financial means, health insurance, etc.
There is no minimum stay in Spain required to renew. Being abroad does not prevent renewal, as long as the conditions of your permit are still met.
What about long-term residence?
This is where specific absence limits do apply, as outlined in Article 176 of the new Immigration Regulation:
- You can be absent up to 10 months in total over the previous 5 years (no more than 6 months consecutively).
- If the absences are for work-related reasons (e.g. working remotely for clients abroad), the total limit increases to 18 months over 5 years.
- In all cases, the departures must have been legal and documented.
So, if your goal is to apply for long-term or EU long-term residence, you’ll need to plan your travel carefully to stay within these limits.
What should digital nomads keep in mind?
- You can spend more than 6 months outside Spain without your temporary residency being cancelled.
- To renew or apply for long-term residence, you must track total time spent abroad over the 5-year period.
- Work-related travel gives you more flexibility with absences.
Have questions about your situation as a digital nomad in Spain?
At MigratioLex, we review your case and guide you to maintain your legal status without surprises.
Contact us for a personalized consultation.
