TOPIC 10.

ENTRY, FREE MOVEMENT AND RESIDENCE IN SPAIN OF CITIZENS OF THE

MEMBER STATES OF THE EU AND OTHER STATES PARTY TO THE EEA AGREEMENT

INTRODUCTION
• The Maastricht Treaty (February 7, 1992) introduced the concept of citizenship in the
EU.
o All nationals of a Member State are automatically EU citizens.
• Treaty of Lisbon (2007)
• Consultative Treaty of the European Coal and Steel Community ECSC
• Treaty of Paris (April 18, 1951)
• Treaty of Rome (March 25, 1957)
o With an unlimited period of time with a <quasi-constitutional> character.

What was the basis for thecommon market? At 4 freedoms

1. Circulationfrom goods
2. Circulationfrom people
3. Circulationfrom capitals
4. Circulationfrom establishments y services

What was one of the most important events for the free movement of people?
• conclusion of the schengen agreement of june 14, 1985
• AND ITS IMPLEMENTING AGREEMENT signed on June 19, 1990, which entered into
force IN SPAIN ON MARCH 1, 2014.

The achievements related to the Schengen area are important and numerous and include
• THE ABOLITION OF INTERNAL BORDER CONTROLS FOR ALL PERSONS
• THE COMMON SHORT-STAY VISA POLICY

How can any EU citizen access the Schengen area? By simply showing an identity card or
passport.

What was implemented in accordance with the Convention implementing the Schengen
Agreement?
SCHENGEN INFORMATION SYSTEM (SIS), a centralized system to SUPPORT checks on people
and objects

European Economic Area (EEA) (United Kingdom does not have Schengen area)
1. The requirement of association to the <Schengen acquis> for countries outside the EU is
an agreement on the free movement of persons between those states and the EU.
EFTAE (European Free Trade Association) was INITIALLY made up of 7 members
• Austria
• Finland
• Iceland
• Liechtenstein
• Norway
• Sweden
• Switzerland (but declined to join the EEA)

On the other hand, it establishes the PRINCIPLE OF FREEDOM OF MOVEMENT OF WORKERS,

whether salaried or self-employed.

SPAIN JOINED THE EUROPEAN COMMUNITIES AS A MEMBER STATE ON JANUARY 1, 1986,

which was issued the RD 1099/1986 OF MAY 26, 1986, on entry, stay and work in Spain of
citizens members of the European Communities.

What is one of the founding principles of the EU? FREE MOVEMENT OF WORKERS

DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 29 APRIL

2004 (on the rights of EU citizens and their family members to move and reside freely within
the territory of the member states)

1. Any person who is a national of a Member State is a citizen of the Union.

2. The following is considered FAMILY MEMBER
a. To spouse
b. To the partner
c. To direct descendants UNDER THE AGE OF 21 YEARS OF AGE
d. To direct ascendants
3. The host Member State is considered to be the Member State to which the Union
citizen moves in order to exercise his/her right of free movement and residence.
a. Article 3.2 (INCORPORATED INTO SPANISH LAW) of the Host Member State
Directive, will facilitate entry and residence to
i. Any other family member, irrespective of nationality, who is a
dependent or lives in the country of origin with the EU citizen.
ii. The partner with whom the Union citizen is in a duly proven stable
relationship

ENTRANCE

Member States shall admit to their territory any citizen of the Union in possession of a valid
identity card or passport and family members in possession of a valid passport (DRIVER'S
LICENSES OR BANK OR TAX CARDS ARE NOT VALID DOCUMENTS).

EXIT

No exit visa or equivalent obligation may be imposed on them.

RD 240/2007 of February 16, 2007 (IMP)

RD 240/2007 of February 16, 2007 on the entry, free movement and residence in Spain of
citizens of EU Member States and other Member States of the EEA Agreement.
SCOPE OF APPLICATION

It shall apply irrespective of their nationality and under the terms provided for therein, to
family members of a citizen of another EU member state or of another state party to the EEA
Agreement when accompanying or joining them.
1. To the spouse as long as there has not been an agreement, divorce or legal separation.
2. To the partner with whom he/she maintains a union analogous to the conjugal union
written in a public registry.
3. To their direct descendants and those of their spouse or partner, provided that there
has not been an agreement, divorce or legal separation or the registration of the
couple has been cancelled, under 21 years of age or over 21 years of age and living
under their care or incapable.

STAY AND RESIDENCE

1. STAY less than 3 months
a. The possession of a valid passport or identity card will be sufficient.
1. Maximum time allowed in Spain 90 days
2. RESIDENCE more than 3 months
a. Citizens of an EU member state or other states party to the EEA Agreement and
of SWITZERLAND have the right of residence in Spain for a period of more than
3 months if they meet the following conditions
i. You are an employee or self-employed person in Spain.
ii. You have sufficient resources for yourself and your family members to
avoid becoming a social burden in Spain during your period of
residence, as well as health insurance covering all risks in Spain.
iii. In the case of students, be enrolled in a public or private school.
iv. Participation in EU programs favoring educational exchanges for
students and teachers will be considered sufficient accreditation for
the fulfillment of these requirements.
b. The period of residence for a period exceeding 3 months shall be extended to
family members who are not nationals of a Member State, when
accompanying the EU citizen or a citizen of another State party to the EEA
agreement.
3. PERMANENT RESIDENCY (DOES NOT EXPIRE)
a. This is understood as the situation that authorizes a foreigner to reside in Spain
indefinitely and work under the same conditions as Spaniards.
b. The right of permanent residence is enjoyed by citizens of an EU member state
or a state party to the EEA agreement and family members who are not
nationals of one of these states.
1. WHO HAVE BEEN LEGALLY RESIDENT IN SPAIN FOR A CONTINUOUS
PERIOD OF 5 YEARS.

The right to permanent residence will be lost for absence from Spanish territory for MORE
THAN 2 CONSECUTIVE YEARS.

RIGHTS AND FREEDOMS OF FOREIGNERS IN SPAIN AND THEIR SOCIAL INTEGRATION

LO 4/2000 of January 11, 2000 on the rights and freedoms of foreigners in Spain and their
social integration.
RD 557/2011 of April 20, 2011 approves the NEW FOREIGNER REGULATION
 1. RIGHTS AND FREEDOMS OF FOREIGNERS IN SPAIN
a. Foreigners shall enjoy in Spain the rights and freedoms recognized in TITLE I of
the Spanish Constitution under the terms established by Law 4/2000 of January
11, 2000.
b. Law of foreigners and interpretation of the rules on an equal footing with
Spaniards.
c. Right to documentation
1. All foreigners with a visa or authorization to stay in Spain for a period
of more than 6 months will obtain a foreigner's identity card, which
they must apply for in person within one month of entering Spain.
d. Right to freedom of movement
e. Right to public participation
f. Right to freedom of assembly and demonstration
g. Right to freedom of association
h. Right to education
i. Foreigners under 16 years of age have the right and the duty to free
and compulsory basic education.
j. . Foreigners under 18 years of age are also entitled to post-compulsory
education.
i. Right to work and social security
j. The right to freedom of association and the right to strike
k. Right to health care
l. Housing law
m. Right to social security
n. Foreigners are subject to the same taxes as Spaniards.
o. Foreigners have the right to transfer their income and savings obtained in
Spain to their own country.
p. Right to family privacy
i. The spouse who has acquired the residence in Spain for family reasons
and his or her relatives grouped with him or her, will keep the
residence, even if the marital relationship is broken.
ii. The application for family reunification may be submitted when the
foreigner who has the authorization to reside in Spain for AT LEAST 1
year and has applied for authorization for AT LEAST ANOTHER YEAR.

CARDS
• INITIAL CARD 1 YEAR
o Employment contract required
• 1ST RENEWAL 1 YEAR
o Employment contract required
• 2ND RENEWAL 2 YEARS
o Employment contract required
• PERMANENT OR LONG TERM

REUNIFIABLE FAMILY MEMBERS

The resident alien has the right to reunite the following family members with him in Spain
1. The resident's spouse
2. The resident's children and spouse's children, including adopted children, provided
they are UNDER 18 YEARS OF AGE OR PERSONS WITH DISABILITIES.
3. Children under 18 years of age and the elderly who are objectively incapable of
 providing for their own needs.
4. The ascendants IN THE FIRST DEGREE and their spouse when they are dependent on
them and are 65 years of age or older.
5. EXCEPTIONALLY, when there are humanitarian reasons, an ascendant under 65 years of
age may be reunited if the other conditions are met.
a. When you can prove that AT LEAST during the last year of your residence in
Spain you have transferred funds or supported expenses of your family
member that represent AT LEAST 51% of the GDP per capita, in ANNUAL
COMPUTE OF THE COUNTRY OF RESIDENCE OF THE RELATIVE'S COUNTRY OF
RESIDENCE
6. In the case of reunited ascendants, they may only exercise the right to family
reunification after obtaining long-term status and proving ECONOMIC SOLVENCY.
7. THE SUBDELEGATION OF THE GOVERNMENT GRANTS OR NOT GRANTS

REQUIREMENTS FOR FAMILY REUNIFICATION

Foreigners may exercise the right to family reunification when they have obtained the renewal
of their initial residence permit, with the exception of the reunification of ascendant relatives
OVER 65 YEARS OF AGE, who may only be reunited FROM THE TIME WHEN THE RETURNER
ACQUIRES LONG-TERM RESIDENCE.

The applicant must prove, under the terms established by regulations, that he/she has
adequate housing and sufficient financial means to cover his/her needs and those of his/her
family, once he/she has been reunited.
1. Family units that include, including the applicant and upon arrival in Spain of the
reunited person, two members: an amount representing 150% of the IPREM will be
required on a MONTHLY basis.
2. Family units that include more than 2 persons upon arrival in Spain: an amount
representing MONTHLY 50% of the IPREM for each additional member.
3. Income from the social assistance system will not be taken into account when
assessing income for reunification purposes.

The diplomatic mission or consular post will notify the visa issuance within a maximum period
of 2 months, depending on the fulfillment of the requirements.

SOCIAL INTEGRATION OF FOREIGNERS IN SPAIN

The public authorities shall promote the full integration of foreigners into Spanish society
within a framework of coexistence of identities and cultures with no limits other than respect
for the EC.

ENTRY INTO AND EXIT FROM THE NATIONAL TERRITORY

Seafarers in possession of a valid seafarers' identity card may move around the port area or
nearby localities within a radius of 10 KILOMETERS for the duration of the ship's call without
having to report to the border crossing point.

REQUIREMENTS FOR ENTRY INTO SPANISH TERRITORY

1. Passport or travel document ownership
2. Holdership of the corresponding visa
3. Justification of the purpose and conditions of the entry and stay.
4. Proof of sufficient means to support themselves during their stay in Spain.
 5. Presentation of health certificates, if applicable
6. Not be subject to an entry ban
7. Not pose a danger to public health, public order, national security or international
relations.

The entry into Spain of foreigners who do not meet the legal requirements may be authorized
when there are reasons of HUMANITARIAN INDEED, PUBLIC INTEREST OR COMPLIANCE WITH
COMMITMENTS ENTERED INTO SPAIN.

DOCUMENTATION FOR ENTRY

You must have one of the following documents with you

1. Passport, individual, family, or collective validly issued and in force. Minors under 16
years of age may be included in the passport of their mother, father or guardian WHEN
THEY HAVE THE SAME NATIONALITY.
2. Travel document, validly issued and in force
3. ID card, identification card or any other document in force

Spanish diplomatic missions or consular offices, with the express authorization of the
DIRECCIÓN GENERAL DE ASUNTOS CONSULARES Y MIGRATORIOS DE MINISTERIO DE ASUNTOS
EXTERIORES Y COOPERACIÓN (GENERAL DIRECTION OF CONSULAR AND MIGRATION AFFAIRS
OF THE MINISTRY OF FOREIGN AFFAIRS AND COOPERATION) mayn issue travel documents and
SALVOCONDUCTS to foreigners whose international protection has been determined by Spain
in application of Spanish legislation on international protection.
The admission of collective passports shall be in accordance with the international conventions
on them that exist or that may be entered into by Spain, SUBJECT TO A REPORT FROM THE
MINISTRY OF INTERNAL AFFAIRS.

VISA REQUIREMENTS AND TYPES Where will the visa be applied for and issued? In the
diplomatic missions and consular offices of Spain, except when the Spanish State, in accordance
with Community regulations, has agreed to represent Spain with another EU State in visa
matters.

The granting of a visa

1. Enables the foreigner to present himself at a Spanish border post and request entry.
2. Enables the foreigner, once entry has been effected, to remain in the situation for
which the visa was issued, without prejudice to the obligation to obtain a foreigner's
identity card.

For stays of UP TO 3 MONTHS in a period of 6 months, no visa is required.

1. Nationals of countries exempted from this requirement
2. Holders of diplomatic, service and other official passports issued by countries with
which their abolition has been agreed.
3. Safe-conduct holders
4. Foreigners with refugee status and documented status
5. Documented crew members of foreign passenger and commercial ships
6. Documented foreign commercial aircraft crew members
7. Foreigners holding a residence permit, provisional residence permit, long-stay visa or
diplomatic accreditation card.
VISAS SHALL BE OF ONE OF THE FOLLOWING CLASSES
• TRANSIT VISA
o Entitles the holder to transit through the international transit zone of a Spanish
airport or cross Spanish territory.
• RESIDENCE VISA
o For an interrupted stay or successive stays for a period or sum of periods whose
duration DOES NOT EXCEED 3 months per semester from the date of first entry
(TOURISM 90 DAYS MAXIMUM).
• RESIDENCE VISA
o Residence without exercising labor or professional activity
• RESIDENCE AND WORK VISA
o Entry and stay for a MAXIMUM PERIOD OF 3 MONTHS and for the beginning,
within that period, of the labor or professional activity for which he/she has
been authorized, at which time the worker must be registered with the Social
Security and if he/she is not registered, the departure from the national
territory is mandatory and a serious infraction.
• SEASONAL RESIDENCE AND WORK VISA
o To work FOR OWN ACCOUNT FOR UP TO 9 MONTHS in a period of 12
consecutive months. Foreigners are EXCEPTED from obtaining a foreigner's
identity card.
• STUDY VISA
o To stay in Spain for courses, studies, research or training work.
• RESEARCH VISA
o To stay in Spain to carry out research projects within the framework of a hosting
agreement signed with a research organization.
ACCREDITATION OF FINANCIAL MEANS
• At the time of entry, they must prove that they have sufficient economic resources or
means to support themselves and the persons traveling with them during their stay in
Spain, or that they are in a position to legally obtain such means.

HEALTH REQUIREMENTS
• When so determined by the MINISTRY OF INTERNAL AFFAIRS, in agreement with the
MINISTRIES OF HEALTH, SOCIAL POLICY AND EQUALITY AND LABOR AND
IMMIGRATION, they must present a health certificate ISSUED BY THE COUNTRY OF
ORIGIN by the medical services at the border posts.
o How will the medical examinations be performed? Pursuant to the 2005
REGULATIONS

HOW TO MAKE THE ENTRY

• A stamp shall be affixed to the passport or travel document as a control mark.
• If the access is made by DNI where it is not possible to affix a stamp, the interested
party shall
you must fill in the form provided to record

INPUT DELCARATION
• Foreigners entering Spanish territory from a State with which Spain has signed an
agreement for the elimination of border controls shall be obliged to declare their entry
in person TO THE SPANISH AUTHORITIES.
• If such declaration has not been made at the time of entry, it must be made WITHIN 3
DAYS.
o AT ANY CNP STATION
o OFFICE OF FOREIGN AFFAIRS
PROHIBITION OF ENTRY INTO SPAIN ART 26 ART 26 LO 4/2000
• Foreigners who have been expelled from Spain for the duration of the ENTRY
PROHIBITION, as well as those who have been prohibited for any other legal reason,
will not be able to enter Spain or obtain visas.
o Those who have been previously expelled from Spain and are within the
prohibition period or when an expulsion order has been issued against them,
EXCEPT FOR THE EXPIRATION OF THE PROCEEDINGS OR PRESCRIPTION OF THE
INFRINGEMENT OR SANCTION.
o They have been subject to a RETURN MEASURE and are within the return
period.
o It is known through diplomatic channels, through INTERPOL or any other means
of international, judicial or police cooperation, that they are wanted in criminal
cases of VERY SERIOUS COMMON CRIMES, provided that they are crimes in
Spain.
o Are prohibited from entry by virtue of international agreements to which Spain
is a party.
REFUSAL OF ENTRY AND ITS EFFECTS
• The refusal will be made by means of a reasoned decision, notified with information on
the appeals that may be lodged against it, the time limit for doing so and the body
before which they must be lodged.
• Your right to legal assistance, which may be provided ex officio and, if necessary, by an
interpreter.
• The resolution shall contain
o Express determination of the reason for denial of entry
o Information to the interested party that the effect of the denial of entry is the
RETURN TO THE POINT OF ORIGIN.
o Informing the person concerned of his or her right to legal assistance,
interpreter and
• The rejection decision will entail the EFFECTS PROVIDED FOR IN ARTICLE 60 OF LAW
4/2000
• The foreigner who has been granted freedom may express his will to file a
CONTENTITUTIVE-ADMINISTRATIVE APPEAL (DOES NOT STOP).
• The return shall take place immediately and IN ALL CASES WITHIN 72 HOURS from
the date agreed upon.
o In the event that it cannot be done in that time, the examining magistrate
decides where he should be interned.
o Places of internment shall not be of a penitentiary nature.
o The resolution does not exhaust administrative channels and may be appealed
in accordance with the provisions of the law.

YOU COME 3 MONTHS YOU GO 3 MONTHS YOU COME 3 MONTHS YOU GO 3 MONTHS YOU
GO 3 MONTHS
YOU COME FOR 3 MONTHS YOU ARE EXPELLED AND IT TAKES 3 YEARS BEFORE YOU CAN
COME AGAIN FOR 3 MONTHS.

DEPARTURE FROM SPAIN

Departures from the territory may be made freely, except in the cases provided for in the penal
code and the law.

The Ministry of the Interior may exceptionally prohibit exit from Spanish territory for reasons of
national security or public health. The INSTRUCTION AND RESOLUTION of the prohibition
proceedings WILL ALWAYS BE INDIVIDUAL.
Departure will be mandatory in the following cases
1. Expulsion from Spanish territory by court order in the cases provided for in the PC.
2. Expulsion or return agreed upon by administrative resolution
3. Administrative denial of requests made by the foreigner to continue in Spanish
territory.
4. Upon completion of the term of a foreign worker's commitment to return to his or her
country of origin under a VOLUNTARY RETURN PROGRAM
a. No prohibition of entry order unless you collect unemployment benefits.
5. THE MANDATORY DEPARTURE MUST BE COMPLETED WITHIN THE ESTABLISHED
PERIOD OR, IF APPLICABLE, WITHIN A MAXIMUM PERIOD OF 15 DAYS, EXCEPT IN
EXCEPTIONAL CIRCUMSTANCES, WHICH MAY BE EXTENDED UP TO A MAXIMUM OF 90
DAYS.

WAYS OF EXECUTING THE EXIT

• Always through border post and SEALED.
EXIT BAN
• The head of the Ministry of the Interior may order the prohibition of foreigners to
leave the national territory in the following cases
o Foreigners involved in legal proceedings
o Foreigners sentenced to deprivation of liberty
o Foreign nationals wanted and, where appropriate, detained for extradition.
o Infection with a contagious disease

RETURNS AND THEIR EFFECTS

• An expulsion proceeding will not be necessary for the return by virtue of a resolution
of the DELEGATE OF THE GOVERNMENT OR THE DELEGATE OF THE GOVERNMENT (in
the uniprovincial ACs) of foreigners in the following cases
o Those who, having been expelled, contravene the prohibition of entry into
Spain.
▪ S tatute of limitations after 5 years
o Those seeking to enter the country IRREGULARLY, including those intercepted at
or near the border.
▪ 2 -year statute of limitations

Even if an expulsion order has been requested, IT CANNOT BE CARRIED OUT AND WILL BE
SUSPENDED WHEN
1. Pregnant women
2. An APPLICATION FOR INTERNATIONAL PROTECTION (ASYLUM) is formalized until a
decision on the application is made or the application is not admitted.

THE REQUIREMENTS SHALL BE APPLIED EX OFFICIO BY THE COMPETENT AUTHORITIES.

THE AUTHORIZATION OF STAY (90 DAYS) AND OF RESIDENCE (FROM THE MOMENT YOU
STAY)
1. STAY: stay in Spanish territory for a period of time NOT EXCEEDING 90 DAYS, except for
studies, student exchanges, non-working internships or volunteer services.
a. After this period has elapsed, it will be NECESSARY to obtain
i. Extension
ii. Residence permit
2. RESIDENT: foreigners who are in Spain and are holders of an authorization to reside.
The following may be in a temporary or long-term residence situation
LIVING SITUATION
• The duration of which does not exceed 90 days per semester
• Short-stay visas can be
o UNIFORM VISA: maximum 90 days per semester, as workers for agricultural
campaigns.
o VISA WITH LIMITED TERRITORIAL VALIDITY: valid for transit or stay in the
territory of one or more States of the Schengen area, BUT NOT FOR ALL.
• The need to articulate a procedure for issuing short-stay visas at the border and for
extending short-stay visas in the event that the holder is in the Schengen area makes
it advisable once again to resort to the instrument of the MANAGEMENT ADVICE.

VISA-FREE EXTENSION OF STAY

• In cases of entry without a visa, when exceptional circumstances justify it, a stay of
more than 3 months may be authorized.
• The extension may be granted by the SUB-DELEGATES OF THE GOVERNMENT, by the
delegates of the government in the single-province ACs and by the GENERAL
COMMISSIONER FOR FOREIGN AND BORDERS OF THE DGP.
• Decisions denying the extension must be REASONED and must be formally notified to
the interested party.

EXTENSION OF SHORT-STAY VISAS

• When the stay is less than 3 months, the stay may be extended, but in NO CASE MAY
IT BE MORE THAN 3 MONTHS IN A PERIOD OF 6 MONTHS.
• The GENERAL DIRECTION OF CONSULAR AND MIGRATION AFFAIRS shall be competent
to authorize the short-term extension.
o Under the SUBSECRETARIATY FOR FOREIGN AFFAIRS AND COOPERATION

VISA APPLICATION PROCEDURE

• It must be formally presented on an official form at the Spanish diplomatic mission or
consular office in whose demarcation the foreigner resides. The application is
accompanied by the following documents
o Valid passport or travel document recognized as valid in Spain.
o Documentation proving the fulfillment of all prerequisites.
• The non-existence of a criminal record in Spain will be checked ex officio by the
administration.
• The maximum term to decide on the authorization will be 7 days from the receipt of
the application.
RESIDENCY STATUS

Residents are foreigners who are in Spain and are holders of a residence permit. The residence
may be
• Temporary
• Long life

1. TEMPORARY RESIDENCE
a. PERIOD GREATER THAN 90 DAYS AND LESS THAN 5 YEARS
b. They may be renewed upon request
c. The initial authorization will be granted to foreigners who have the necessary
means for themselves and, if necessary, for their family members.
d. He/she must not have a criminal record in Spain or in the previous countries of
residence for offenses existing in the Spanish legal system.
e. Foreigners with temporary residence permits are obliged to inform the
competent authorities of any changes in their nationality, marital status and
domicile.
f. OTHER CASES OF TEMPORARY RESIDENCE
i. Non-profit temporary residence permit
1. For your support during your residence in Spain, you must
prove that it represents monthly in euros 400% of the IPREM
or its legal equivalent in foreign currency.
2. For the support of each of your family members, monthly
100% of the IPREM of each one.
ii. Authorization of temporary residence for family reunification
iii. Authorization for temporary residence and work as an employee
1. Foreigner over 16 years of age
iv. Authorization for temporary residence and research work
1. Minimum duration 5 years except in exceptional cases
v. Authorization for temporary residence and work for highly qualified
professionals holding a EU-BLUE CARD
1. For work requiring a higher education qualification or at least
5 years of professional experience.
a. Highly qualified professionals will obtain a residence
and work authorization with an EU-BLUE CARD.
vi. Authorization for temporary residence and employment for a fixed
term
1. Over 16 years old
vii. Temporary residence and self-employment authorization
1. Over 18 years old
 viii. Temporary Residence Authorization EXCEPT WORK AUTHORIZATION
1. Technicians, researchers and scientists invited or hired by the
National Government, Autonomous Communities, universities,
etc.
2. Professors, technicians, hired by Spanish university
3. Civil or military officials of foreign state administrations
coming to Spain to carry out their activities.
4. Foreign media correspondents
5. Members of international scientific committees carrying out
work and research in Spain.
6. Artists who come to Spain for specific performances that do
not involve A CONTINUOUS ACTIVITY.
7. Religious ministers
8. Foreign minors of working age under the guardianship of a
competent child protection service
2. LONG-TERM RESIDENCE ART 32 LO 4/2000
a. Long-term residence is the status that authorizes the holder to reside and
work in Spain indefinitely under the same conditions as Spaniards.
b. Those who have had temporary residence in Spain for a continuous period of 5
years will be entitled to long term residence.
c. The continuity of residence as a holder of an EU-BLUE CARD will not be
affected by absences from the EU.
d. A beneficiary of international protection whose status has been revoked,
terminated, terminated or whose renewal has been refused is not considered
to have long-term status.
e. LONG-LASTING EXTINCTION OCCURS
i. When the authorization has been obtained by fraudulent means
ii. When an expulsion order is issued in the cases provided for in the law
iii. When the absence from the EU territory occurs for 12 CONSECUTIVE
months
3. RESIDENCE OF STATELESS PERSONS, UNDOCUMENTED PERSONS AND REFUGEES ART
34 LO 4/2000
a. The Ministry of the Interior shall recognize the status of stateless persons by
stating that they meet the requirements of the Convention relating to the
Status of Stateless Persons done at New York on September 28, 1954.
b. LAW 12/2009 REGULATES THE RIGHT OF ASYLUM AND SUBSIDIARY
PROTECTION.
c. While the stateless status is being processed, the stateless person IS LEGAL.