# Losing the right to permanent residence



## Overandout (Nov 10, 2012)

So as not to stray off topic in another thread I would like to ask your opinions on the interpretation of a specific point in the Law (RD240/2007) Chapter 9, Article 10, Sub-article 7.

The Article 10 is about rights to permanent residence.

Sub-article 7 states "Se perderá el derecho de residencia permanente por ausencia del territorio español durante más de dos años consecutivos." - The right to permanent residence is lost due to absence from Spanish territory during two consecutive years".

In my case, I was not resident in Spain for 3 years after obtaining permanent residence, so this may mean that I no longer have the right to my permanent status.

However, the Article states that the right is lost when the person in "absent". In my case, I returned to Spain three times during my residence in another country.

So, I can't help but wonder what is really meant by "absence", have I maintained my right to permanent residence by visting Spain regularly (which would obviously be my argument if, in the future permanent residents were treated favourably under any Brexit deal)? Or have I forefeited my right by not being "resident" for more that 2 years?

I understand that this is a point of law and even a lawyer may not be able to give a 100% certain response, but I would love to know the views of the learned members on here!


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## xabiaxica (Jun 23, 2009)

Overandout said:


> So as not to stray off topic in another thread I would like to ask your opinions on the interpretation of a specific point in the Law (RD240/2007) Chapter 9, Article 10, Sub-article 7.
> 
> The Article 10 is about rights to permanent residence.
> 
> ...


I would imagine that if you had clearly established residency in another country - for instance paying tax, working, having children in school, registering for healthcare, registering as a resident if that was a requirement etc., any visits to Spain would be viewed as just that - visits. 

So yes, if you have done any or all of those in the three years that you were absent, I would say that you have indeed forfeited your residency.


My elder daughter has been offered a two year contract in Switzerland. She explained that she can't take the chance of losing her permanent residency in Spain in view of Brexit. She doesn't want to potentially have to apply for a visa (& probably be refused) just to be able to come home. They've agreed to a one year contract after which time she'll come home to Spain & re-establish her residency here.


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## Overandout (Nov 10, 2012)

xabiachica said:


> I would imagine that if you had clearly established residency in another country - for instance paying tax, working, having children in school, registering for healthcare, registering as a resident if that was a requirement etc., any visits to Spain would be viewed as just that - visits.
> 
> So yes, if you have done any or all of those in the three years that you were absent, I would say that you have indeed forfeited your residency.
> 
> ...


Thanks XC for your view. Certainly I think that the "intention" of the law is what you explain, however I will now add some information missing from my original post:

During my time in Thailand, I was indeed a tax resident there, kids in school etc.
However, my contract of employment remained active in Spain, with a "0" salary. 
This means that, although I was not a tax resident in Spain during this time, I can demonstrate continuous employment with a Spanish company and my Social Security was fully paid whilst I was away. I can demonstrate this with the "vida laboral".

I am hoping that, if I am ever challenged, this may be taken into account...

Maybe a long shot, but I guess it may be worth a try if I am ever pushed into a corner.

Your daughter is in a much more fortunate position as she is aware of Brexit and can plan accordingly. In 2013, we were all blissfully unaware of the s**t-storm which is now upon us!


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## xabiaxica (Jun 23, 2009)

Overandout said:


> Thanks XC for your view. Certainly I think that the "intention" of the law is what you explain, however I will now add some information missing from my original post:
> 
> During my time in Thailand, I was indeed a tax resident there, kids in school etc.
> However, my contract of employment remained active in Spain, with a "0" salary.
> ...


That might just swing it :fingerscrossed: for you.

jeje - that's the first 'positive' link to Brexit I've agreed with! She actually turned down an opportunity just after the referendum, when it wasn't clear just how long things might take. The last thing she wanted was to be out of Spain if it all happened very suddenly.

At least we now know that it will take a long time, & even if it were to suddenly happen now, (yeah right  ) we know that she won't have been away two years & will still have her right to permanent residency.


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## Overandout (Nov 10, 2012)

I have decided to ask the same question in a Spanish legal forum, supposedly frequented by lawyers...

I will let you know if any responses come my way !!


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## Overandout (Nov 10, 2012)

Overandout said:


> I have decided to ask the same question in a Spanish legal forum, supposedly frequented by lawyers...
> 
> I will let you know if any responses come my way !!


Well, I have one response, which honestly I do not really follow (the language is not the problem, it is the logic that I don't follow):

The poster begins by stating that, if I remained in a Schengen country, there would be no record of my entries and exits into and out of Spain, but that if I was in a non-schengen country, these registers would be traceable.

This to me is irrelevant, given that the RD states that the right is lost if the certificate holder is absent from Spanish territory.

On one hand, I suppose that the point is that I could lie and deny that I ever left, but this seems very risky given that there would be plenty of proof available (my kids were not in school for 3 years being quite an obvious flag!!)

Then the poster goes on to say that the economic activity (i.e. tax status) is irrelevant and the fact that I was not tax resident cannot be used against me. This seems more correct. As we all know, residency and tax residency are independent.

The final point made is that if there is no official challenge to my right to hold the permanent certificate, then the presentation of the certificate to prove my status cannot be refuted. This may be true, but of course, in my case, my concern is that upon trying to use the certificate to prove my continued residency right, the facts of my migratory history may be uncovered and the offical challenge may be made at that point, retroactively.... I can't see any offical who hears my story saying "our Extranjería made a mistake and it is our fault, you carry on as if you had lived in Spain continuously"!!!

Sadly, I am still uncertain about the whole matter and pretty much convinced that I can be made to pay for the error.

I guess I should just stop worrying about what "might" happen and get on with life, safe in the knowledge that I did what the law required, even if those that are supposed to apply the law did not.


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## Phil Squares (Jan 13, 2017)

The EU rules on PR status are really pretty clear. You will lose your status if you are out of the country for two years or more in a row or do something that is not for the common good. For example, you’ve committed a serious crime or put national security at risk.

That's really the quick reply. There are some other things which can put your PR status at risk, but the above seems to cover your question.


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## Chica22 (Feb 26, 2010)

Overandout said:


> So as not to stray off topic in another thread I would like to ask your opinions on the interpretation of a specific point in the Law (RD240/2007) Chapter 9, Article 10, Sub-article 7.
> 
> The Article 10 is about rights to permanent residence.
> 
> ...


I posted the article below previously, a speech by Michel Barnier, which does raise the issues of residency and leaving an EU country with residency and then returning. 

European Commission - PRESS RELEASES - Press release - Speech by Michel Barnier at the 7th State of the Union Conference, European University Institute, Florence

At least we know that the EU are aware of the issues regarding residency status


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## Overandout (Nov 10, 2012)

Phil Squares said:


> The EU rules on PR status are really pretty clear. You will lose your status if you are out of the country for two years or more in a row or do something that is not for the common good. For example, you’ve committed a serious crime or put national security at risk.
> 
> That's really the quick reply. There are some other things which can put your PR status at risk, but the above seems to cover your question.


Well that is indeed a quick reply.

So, to summarise, you believe that, despite my situation, I must simply accept that I have lost my right to "PR" and that I should give up trying to look for a way to protect it legally?

Possibly you even think that I should surrender my PR certificate and re-apply for residency starting from scratch?

I am not clear on what is your conclusion to my predicament and would be grateful if you would clarify.

Thanks.


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## Phil Squares (Jan 13, 2017)

I would say you have lost your PR status by being a tax resident in Thailand, especially if you were living in Thailand for 3 consecutive years. Sadly, I think you will have to "reset" the clock and begin the 5 year period again. 

I suppose the issue would become who would really know, but then again, I think post Brexit, there will be quite a bit of scrutiny on issues such as yours.


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## Overandout (Nov 10, 2012)

Phil Squares said:


> I would say you have lost your PR status by being a tax resident in Thailand, especially if you were living in Thailand for 3 consecutive years. Sadly, I think you will have to "reset" the clock and begin the 5 year period again.
> 
> I suppose the issue would become who would really know, but then again, I think post Brexit, there will be quite a bit of scrutiny on issues such as yours.


Thanks for the clarification.

I do not agree however that tax resident status has anything to do with it, the law makes no reference and this has been unofficially backed up by a supposed lawyer.


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## Phil Squares (Jan 13, 2017)

Sorry you don't agree. The problem is you were out of Spain, resident in another country for over 2 consecutive years. That is what gets you. It's not a Spanish issue but an EU issue. 

Permanent residence (after 5 years) for EU nationals - Your Europe


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## Overandout (Nov 10, 2012)

OK, so, recognising the (high) potential that I am in fact technically "illegal" at the moment, and considering that hoping for the best is one option, I also must think about preparing for the worst. If, in a few years I want to rely on having been legally in Spain for X number of years due to a potential Brexit agreement and all of this comes out I could be in real trouble I guess.

The next question is therefore how to regularise my situation:

I cannot see much logic in walking into Extranjeria and demanding that they revoke my current certificate and start again from scratch. In fact, I have now been in Spain (for the second time) since August 2016, so I am well over the 90 days. Indeed this course of action would go against the unofficial legal advice that I have received...

So what alternatives are there? 

I also need to think about my employer: if my right to PR ended in 2015, was my employer employing me illegally? I can't just drop them in the s**t without knowing the implications...


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## Chica22 (Feb 26, 2010)

Overandout said:


> OK, so, recognising the (high) potential that I am in fact technically "illegal" at the moment, and considering that hoping for the best is one option, I also must think about preparing for the worst. If, in a few years I want to rely on having been legally in Spain for X number of years due to a potential Brexit agreement and all of this comes out I could be in real trouble I guess.
> 
> The next question is therefore how to regularise my situation:
> 
> ...


Difficult situation, but, if it were me, I would wait until around September to do anything, and wait and hear what, if anything comes out of the negotiations. 

I have read (sorry I cant find a link) that the EU are wanting all EU citizens in UK/UK citizens in EU to be deemed as 'permanent citizens' from the leave date of the UK as there are many EU citizens in the UK in the same predicament as you. Similarly the EU stated that they wished to 'grant rights' to EU citizens who had previously lived in the UK and vice a versa. This specifically affects my Spanish husband who lived and worked in the UK for nearly 40 years and may not be able to ever return to the UK.


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## Chica22 (Feb 26, 2010)

Just found this quote from the EU as part of their negotiating stance

_*'Individuals legally residing in the UK today must remain residents after withdrawal, including in those cases when people have no documents to prove residency.

Obviously, the same goes for UK nationals in the 27.'*_


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## Overandout (Nov 10, 2012)

Well, I am certainly not planning to leave again soon!


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## Overandout (Nov 10, 2012)

Chica22 said:


> Difficult situation, but, if it were me, I would wait until around September to do anything, and wait and hear what, if anything comes out of the negotiations.
> 
> I have read (sorry I cant find a link) that the EU are wanting all EU citizens in UK/UK citizens in EU to be deemed as 'permanent citizens' from the leave date of the UK as there are many EU citizens in the UK in the same predicament as you. Similarly the EU stated that they wished to 'grant rights' to EU citizens who had previously lived in the UK and vice a versa. This specifically affects my Spanish husband who lived and worked in the UK for nearly 40 years and may not be able to ever return to the UK.


The problem with "wait and see" is that even if a solution is proposed in September, or October or whenever, it won't be ratified and will probably be used as a bargaining chip for future trade negotiations until the full agreement is signed, which as we know is at the earliest in 2019...

By then I might have been illegally in Spain for over 3 years...


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## Chica22 (Feb 26, 2010)

Could you not go to the Extranjeros Office and just notify them of your new Spanish address.


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## Overandout (Nov 10, 2012)

Chica22 said:


> Could you not go to the Extranjeros Office and just notify them of your new Spanish address.


I could do that, but I am not sure how that would help?

Or do you mean go with the pretext of a change of address and explain the situation to see what happens?


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## Chica22 (Feb 26, 2010)

Overandout said:


> I could do that, but I am not sure how that would help?
> 
> Or do you mean go with the pretext of a change of address and explain the situation to see what happens?


Perhaps go to the Extranjeros Officer to notify them of your change of address, in which case they should issue you with a new 'permanent' certificate with your new address on, and you will therefore, at the very least, have the date when you went to the Extrajaneros Office, as proof, if you are ever asked to provide it, of the date you obtained a 'new' certificate!!!!


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## Overandout (Nov 10, 2012)

Chica22 said:


> Perhaps go to the Extranjeros Officer to notify them of your change of address, in which case they should issue you with a new 'permanent' certificate with your new address on, and you will therefore, at the very least, have the date when you went to the Extrajaneros Office, as proof, if you are ever asked to provide it, of the date you obtained a 'new' certificate!!!!


Thanks for the idea, but as I already have a permananet resident cert issued in 2013, I am not sure that replacing a certificate that I shouldn't really have with another one that I shouldn't really have (but with a later date on it) would help my case!

The only advantage I can see is that I would be giving the authorities a "second chance" to deal with my situation correctly, which would be to cancel my permanent status and make me apply again for a new "temporary" resident status, with whatever effect that might have in the future.

I have submitted a consultation to "Your Europe" to see if they have any suggestion. I will let the forum know what they say.


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## VFR (Dec 23, 2009)

Overandout said:


> During my time in Thailand, I was indeed a tax resident there, kids in school etc.
> However, my contract of employment remained active in Spain, with a "0" salary.
> This means that, although I was not a tax resident in Spain during this time, I can demonstrate continuous employment with a Spanish company and my Social Security was fully paid whilst I was away. I can demonstrate this with the "vida laboral".
> 
> ...


Odds on you will never be challenged then *?*


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## Overandout (Nov 10, 2012)

VFR said:


> Odds on you will never be challenged then *?*


Any idea of the actual odds? 

Of course it is a gamble, if I am never challenged I will have no issue, but if I am and they decide that I have been in Spain "illegally" since August 2016, I will rue the day that I decided to "hedge my bets"...

At the moment, no-one has suggested that I actually should "turn myself in", so for the moment I will do nothing, at least until I get the last opinion from Your Europe.

Being a person who usually advocates full compliance (within reason) however, I am not 100% comfortable with the situation.


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## xabiaxica (Jun 23, 2009)

Overandout said:


> Any idea of the actual odds?
> 
> Of course it is a gamble, if I am never challenged I will have no issue, but if I am and they decide that I have been in Spain "illegally" since August 2016, I will rue the day that I decided to "hedge my bets"...
> 
> ...


According to your flags you're from Britain? If so, you aren't here illegally - at worst you aren't registered.

The penalty for not registering is a fine.


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## Overandout (Nov 10, 2012)

xabiachica said:


> According to your flags you're from Britain? If so, you aren't here illegally - at worst you aren't registered.
> 
> The penalty for not registering is a fine.


The penalty in law may be just a fine, but in practical terms I could potentially face quite different treatment in any post-Brexit agreements... this is much more of a worry.

If I want to apply for Spanish citizenship also it could cause me a problem.


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## gus-lopez (Jan 4, 2010)

As xabiachica has stated you aren't illegal as it is you, the citizen, that states where you are resident & the countries ,under EU rules, have no say apart from in some cases requiring registration.
Whenever the question has been asked on Fundación migrar

Migrar.org, un espacio de apoyo a las personas inmigrantes en España

normally by South Americans , the answer has always been 'continuously'. It must be 2 complete years without setting foot back here. In your case actually working could deem you to have been a resident there but who were you actually working for ? Was it the same company you work for here? 
It would be well worth you asking the question of the above organisation which is tied up with Cruz Roja .

The other thing as pointed out to you in the first request you made was that if you leave by any means other than air there is no record. Leave by road to another EU state & no one knows until you reappear without major investigation.
If the negotiations can be extended until august 2021 then you will be a permanent resident once again even without re-registering just by proving your work position here. lol


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## Overandout (Nov 10, 2012)

Overandout said:


> I have submitted a consultation to "Your Europe" to see if they have any suggestion. I will let the forum know what they say.


Here is the response from Your Europe to the same question I posed to the forum....

_Dear Sir, 

Indeed, once acquired, the right of permanent residence is lost through absence from Spain for a period exceeding two consecutive years, in accordance with Article 16(4) of Directive 2004/38/EC and Article 10(7) of Directive 2004/38/EC. 

In this context, in response to your enquiries: 

1.- I suggest you that you confirm with the Foreigners Office of your place of residence in Spain what your registration situation is (and if your de-registration was recorded): Extranjería en las Delegaciones del Gobierno:: Secretaría de Estado para las Administraciones Territoriales :: 

It may be that the Spanish authorities have no record of all the events that took place with regard to your residence situation, but for legal certainty reasons you may confirm it by just making a general enquiry on your registration situation, without referring to your concrete circumstances (e.g., that you moved to Thailand in 2013 and you returned in Spain in 2016), and by asking for a copy of the certificate evidencing your right of permanent residence. 

In no case, an allegation of misinformation by the Spanish authorities will succeed, unless you have any sort of resolution in writing 

2.- and 3.- The right of permanent residence is automatically obtained after 5 years of continuous lawful residence in Spain. This right of permanent residence can be evidenced by a certificate of right of permanent residence . Nevertheless, the obtaining of that certificate is not mandatory, but just an evidence of your right of permanent residence in Spain. 

For the issuing of that certificate, the Spanish authorities should just verify the duration of your residence in Spain and if during a period of 5 years you meet the conditions to reside in Spain lawfully. The applicable legislation is Article 19 of Directive 2004/38/EC and Article 10(1) of Royal Decree 240/2007. 

In this context, if you are able to prove that you have resided legally in Spain for a continuous period of 5 years the Spanish authorities should not refuse you the abovementioned certificate of right of permanent residence, especially taking into account that there is not any deadline to apply for such a certificate. 

Thus, as long as you can prove by any means that you are residing in Spain since August 2016, there is no need that you inform the Spanish authorities that a new period of residence is started (there is no such a procedure). 

Nevertheless, if the Spanish authorities have de-registered you as a resident and they say that you have lost your right of permanent residence because of your absence from Spain for a period exceeding two consecutive years, they may ask you to get a registration certificate ( certificado de registro ), as an evidence of your new right of residence in Spain, according to Article 7 of Directive 2004/38/EC and Article 7(5) of Royal Decree 240/2007, which you will obtain by demonstrating your condition of: 
(i) worker (self-employed or employee) in Spain; or 
(ii) to have sufficient economic means and to benefit from a health insurance valid in Spain whereby you and your family members will not be an economic burden for the Spanish social security scheme. In this regard, with regard to sufficient economic means , according to Article 8(4) of Directive 2004/38/EC and Article 7(7) of Royal Decree 240/2007, it cannot be a fixed amount, but account must be taken of your personal situation. In any case, such amount cannot exceed the minimum resources below which social assistance is granted to Spaniards or the minimum Spanish social security pension. Therefore, the amount of sufficient resources has an objective cap and, in principle, the evidence of those means can be anyone which proves such a circumstance; or 
(iii) student who (a) is enrolled at a private or public establishment, accredited or financed by the Spanish authorities on the basis of its legislation or administrative practice, for the principal purpose of following a course of study, including vocational training; and (b) has comprehensive sickness insurance cover in Spain for yourself and your family members, and assure the relevant Spanish national authority, by means of a declaration or by such equivalent means as you may choose, that you have sufficient resources for yourself and your family members not to become a burden on the Spanish social assistance system during your period of residence in Spain; or 
(iv) to be a family member of an EU citizen in any of the abovementioned circumstances (family reunification). 

Failure to comply with this registration requirement (obtaining of registration certificate) may render you liable to proportionate and non-discriminatory sanctions (in line with those imposed to Spanish nationals who do not have a valid ID card), but the Spanish authorities will not take an expulsion measure against you as long as you can provide evidence that (i) you are continuing to seek employment and (ii) you have a genuine chance of being engaged (Article 14(4) of the abovementioned Directive 2004/38/EC and Article 9bis of Royal Decree 240/2007). 

In this respect, you may browse the websites of the Spanish government on the matter: PORTAL DE INMIGRACIÃ“N Ministerio de Empleo y Seguridad Social: Certificado de registro de ciudadano de la Unión 
PORTAL DE INMIGRACIÃ“N Ministerio de Empleo y Seguridad Social: Certificado de residencia permanente de ciudadano de la UE 

I hope you find this information useful. 

Best regards, _

Intersting take on some aspects of Spain's application of the Directive there!


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## Tigerlillie (Apr 7, 2015)

gus-lopez said:


> As xabiachica has stated you aren't illegal as it is you, the citizen, that states where you are resident & the countries ,under EU rules, have no say apart from in some cases requiring registration.
> Whenever the question has been asked on Fundación migrar
> 
> Migrar.org, un espacio de apoyo a las personas inmigrantes en España
> ...


I am a bit confused by this too as Overandout hasn't really clarified this, if by chance O+O was still working for the same company wouldn't that just be relocation due to work circumstances and not really giving up permanent residency.

:noidea:


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## Overandout (Nov 10, 2012)

Tigerlillie said:


> I am a bit confused by this too as Overandout hasn't really clarified this, if by chance O+O was still working for the same company wouldn't that just be relocation due to work circumstances and not really giving up permanent residency.
> 
> :noidea:


I don't really think that who my employer was counts for much when it comes to my place of residency, the Directive and Spanish law both seem very clear that once you do not reside in Spain for two years, the right is lost....

In my case, I really cannot pretend that I was residing in Spain during my time away.

But, in order to answer the question; my employer, like most multi-nationals, has various legal entities all over the world. My initial contract is with one of the Spanish legal entities. This contract was not terminated when I left Spain, it was simply left running but amended to show a 0 salary.

The Thai legal entity then gave me a new contract, which ended upon my return. Obviously, upon returning, my Spanish contract was amended again to reinstate a salary.

Even though these legal entities belong to to the same parent company, they are legally independent when it comes to employment contracts, and technically I had two contracts of employment running in parallel for three years.


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## Tigerlillie (Apr 7, 2015)

Overandout said:


> I don't really think that who my employer was counts for much when it comes to my place of residency, the Directive and Spanish law both seem very clear that once you do not reside in Spain for two years, the right is lost....
> 
> In my case, I really cannot pretend that I was residing in Spain during my time away.
> 
> ...


Oh.

Ok....it was just a thought..................................................


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## Overandout (Nov 10, 2012)

Tigerlillie said:


> Oh.
> 
> Ok....it was just a thought..................................................


All thoughts are welcome!

At least I am now conviced that voluntarily giving up my PR Certificate now and re-applying for a new standard Certificate is not being recommended by anyone!


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## Phil Squares (Jan 13, 2017)

However, the fact remains, you were out of the country for over two consecutive years. The employment contract has nothing to do with the status of your residence permit. The requirements are very clear and don't leave much room for interpretation.


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## Michael Kelly (May 30, 2017)

Do you own a property in Spain? If so you can keep your permanent residence even after you leave to live elsewhere.


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## Overandout (Nov 10, 2012)

Michael Kelly said:


> Do you own a property in Spain? If so you can keep your permanent residence even after you leave to live elsewhere.


Now this is interesting... not that I am doubting you, but can you back that up with any formal documentation?

I still own the first flat I bought, but it has been rented out since 2012. It would be interesting to see if this has any legal gounds.


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## Michael Kelly (May 30, 2017)

To make sure I understand your situation, what type of permanent residency certificate do you now have? Is it the "green card"?


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## Overandout (Nov 10, 2012)

Michael Kelly said:


> To make sure I understand your situation, what type of permanent residency certificate do you now have? Is it the "green card"?


Yes, the official name being "Certificado de Registro de Ciudadano de la Unión" which states "Residente comunitario permanente en España desde **/**/2004".

This replaced the previous certificate which I held until I went to inform Extranjería of my deperture from Spain in 2013. The previous certificate did not make refernce to the word "permanente".


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## Michael Kelly (May 30, 2017)

Ok, so my understaning is that to get this "green card", you have to fill in 

the EX+18+Solicitud+de+inscripcion+en+el+Registro+Central+de+Extranjeros+_+Residencia+ciudadano+de+la+UE/1a00fd97-429b-488b-9de6-b4e46bdae4d0

Here you hav ethe option "Trabajador que después de 3 años consecutivos de actividad y residencia en España desempeña su actividad en otro EM
manteniendo la residencia en España"

However, this does not apply to you as you left Spain to live outside the EU.


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## Overandout (Nov 10, 2012)

Michael Kelly said:


> Ok, so my understaning is that to get this "green card", you have to fill in
> 
> the EX+18+Solicitud+de+inscripcion+en+el+Registro+Central+de+Extranjeros+_+Residencia+ciudadano+de+la+UE/1a00fd97-429b-488b-9de6-b4e46bdae4d0
> 
> ...


More to the point, the requirements of the EX18 don't apply to me because I already have the certificate!! 

Even if I had been working in another EU mamber state, this provision would not apply because when they say "manteniendo la residencia en España", they don't mean that you maintain the status of home-owner, they mean that you have to have been residing in Spain (despite working outside of Spain).

Thanks for your thoughts though.


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## Ifn (Jan 29, 2017)

Overandout said:


> More to the point, the requirements of the EX18 don't apply to me because I already have the certificate!!
> 
> Even if I had been working in another EU mamber state, this provision would not apply because when they say "manteniendo la residencia en España", they don't mean that you maintain the status of home-owner, they mean that you have to have been residing in Spain (despite working outside of Spain).
> 
> Thanks for your thoughts though.


I didn't get thru that very long legal response but I did see the part about making a general inquiry about your status. Maybe there is no problem.


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