If you have lost your long-term residence in Spain due to prolonged absence from the European Union territory or other reasons, it is possible to recover your residence authorization. In this article, we explain the steps, requirements, and documents needed to apply for the recovery of long-term residence in Spain, either within the country or from abroad.
How to Recover Long-Term Residence?
There are several situations that allow for the recovery of long-term residence in Spain. Below, we detail the cases in which this recovery can be requested:
- Extinction due to prolonged absence: When the long-term residence authorization is extinguished due to staying outside the European Union territory for 12 consecutive months.
- Extinction due to acquiring long-term residence in another Member State: If the residence authorization was extinguished because the individual acquired long-term residence-UE in another EU Member State.
- Commitment to non-return: When a long-term foreign resident returns to Spain after fulfilling the commitment to not return.
Requirements to Recover Long-Term Residence
To recover long-term residence in Spain, it is necessary to meet the following requirements:
- Not be a citizen of a European Union Member State, European Economic Area, or Switzerland, nor a family member of citizens of these countries.
- Not be in an irregular situation in Spain.
- Be the holder of a long-term residence authorization in Spain.
- Have no criminal record in Spain or in the countries where you have resided in the last five years.
- Not have a ban on entering Spain nor be listed as inadmissible in countries with which Spain has specific agreements.
- Not suffer from serious diseases that could affect public health according to the International Health Regulations of 2005.
Documentation Required to Recover Long-Term Residence
To initiate the recovery process, you must submit the following documentation:
- Application form in official model EX-11, in duplicate, duly completed and signed by the applicant.
- Copy of your complete passport or travel document with a minimum validity of four months.
- Criminal record certificate or equivalent document, issued by the authorities of the country of origin or the countries where you have resided during the last five years.
- Medical certificate proving that you do not suffer from serious diseases.
- Model 790 with code 052, item 2.6, corresponding to long-term residence authorization. The fee for this application is 21.87 euros.
Information About the Long-Term Residence Card Recovery Procedure
The procedure must be submitted in person by the applicant. The estimated time for resolution is three months from the date of registration with the competent authority. If no resolution is received within this period, the application may be considered approved through administrative silence.
Where to Submit the Application to Recover Long-Term Residence?
If You Are Outside Spain:
If you are outside Spain, you must submit your application to the Spanish diplomatic mission or consular office corresponding to your place of residence. The application should be addressed to the Immigration Office of the province where you plan to settle in Spain.
Once the authorization is granted, you must apply for a residence visa at the same diplomatic mission or consulate.
If You Are in Spain:
If you are already in Spain, you can submit your application within three months from your entry into the country. You must do so at the immigration office corresponding to your place of residence or where you will carry out work activities.
Validity of Long-Term Residence Authorization
The long-term residence authorization becomes valid based on your situation:
- If you are in Spain, the authorization becomes effective from the notification of the resolution.
- If you are outside Spain, the authorization becomes effective from the moment of your entry into Spanish territory.
Once the authorization has become valid, you have one month to apply for the Foreigner Identity Card at the Immigration Office.
Requirements to Apply for the Foreigner Identity Card (TIE)
To obtain your TIE, you must personally visit the immigration office and present the following documents:
- Application for the Foreigner Identity Card on official form EX-17, duly completed.
- Proof of payment of the corresponding fee, which amounts to 21.87 euros.
- Three recent color passport-sized photographs with a white background.
- Passport or travel document to verify your identity during the process.
It is important to ensure you meet all the requirements to avoid delays in the issuance of your card.
Applicable Regulations for Long-Term Residence Application
The process for recovering long-term residence is governed by the following regulations:
- Organic Law 4/2000, of January 11, on the Rights and Freedoms of Foreigners in Spain and their Social Integration (Article 32).
- Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20 (Articles 158 and 159).
Questions and Answers about the Recovery of the Long-Term Residence Card in Spain
- What is the recovery of long-term residence in Spain? Recovery is the process by which a foreigner who has lost their long-term residence authorization due to prolonged absence or other reasons can revalidate their status to reside and work again in Spain.
- When can I apply for the recovery of long-term residence?
- You can apply for the recovery of long-term residence when the residence authorization has been extinguished due to:
- Staying outside Spain for more than 12 consecutive months.
- Acquiring long-term residence-UE in another EU Member State.
- Returning to Spain after fulfilling the commitment of non-return.
- How long does the long-term residence recovery process take? The resolution period is three months from the date the application is registered. If it is not resolved within this period, the application may be considered approved by administrative silence.
- Can I work while my recovery application is being processed? No, you cannot work until the authorization has been granted and you have obtained your Foreigner Identity Card (TIE).
- When should I renew my long-term residence card? The TIE renewal is done every five years. You must apply for it within the 60 natural days before its expiration date.
- What happens if my long-term residence recovery application is denied? You can file an appeal for reconsideration or resort to the contentious-administrative jurisdiction. If you do not meet the requirements and have no option to appeal, you will need to leave Spain.
- What happens if I do not renew my residence card on time? If you do not apply for renewal within the deadline, you may face a sanctioning procedure that could affect your immigration status in Spain.
- How to recover Spanish long-term residence? If you lost your long-term residence in Spain, apply for its recovery at the Spanish Consulate in your country, justifying the loss and your intention to return. After approval, you will obtain a visa and must update your card at the Immigration Office upon arrival.