Court voids regulation related to time spent outside of Spain

IMPACT — MEDIUM

Spain’s Supreme Court has nullified a regulation that allows authorities to terminate foreign nationals’ temporary residence if they are outside of Spain for more than six months in a period of one year.

Key Points:

• In its ruling, the Court found the regulatory provision null and void because it restricted the fundamental right of free movement for foreign nationals with temporary residence in Spain. The Court said such a restriction can only be made by legislation, not a regulatory decree.
• The ruling applies to temporary residence permits issued under the Organic Act 4/2000, a law that expanded the rights of immigrants in Spain; it did not directly address permits issued under the Entrepreneurs’ Act.

Additional Information: While the Court’s ruling seems to expand the rights of temporary residents, it remains to be seen how it will be implemented in practice. The Court also left open the possibility for the Spanish parliament to pass legislation on the question. BAL will continue following this matter and will provide updates as information becomes available.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

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