On June 20, 2023, the Spanish Supreme Court officially announced that from now on, the rule that temporary residents cannot leave the country for six months within one year will be abolished, also commonly known as "immigration prison". This provision also gives more freedom to nonprofit immigrants.
The judges of the Supreme Court of Justice in charge of litigation held that this provision "restricts the "fundamental right of free movement" of foreign citizens who have temporary residence in Spain. The promulgation of this clause has caused heated discussions on whether non-profit residence, work residence, and other residences that require immigration supervision can be abolished uniformly.
Therefore, from the date of publication of the terms, there will no longer be a limit on the length of time temporary residence can be left each year, so is it possible to enter and exit at will?
From many perspectives, although temporary (or short-term) residence is no longer required to stay in Spain for more than half a year, if you wish to obtain a long-term residence (permanent residence), you also need to meet the following conditions:
Conditions for having legally resided in Spain for at least 5 years and having left the country for a cumulative period of not exceeding 10 months;
Successful long-term residence (permanent residence) status does not mean unlimited exit, but the condition that one cannot leave the EU member state for more than 12 months at a time is subject to the condition.
In other words, long-term residence applicants can travel to any member state of the European Union without restrictions, but if they go to the United Kingdom, the United States or Latin American countries to live and return to China to visit relatives, the single departure time cannot exceed 12 months.
The current regulations remove restrictions on the length of time international students can leave the country, which means that as long as they can ensure good attendance and studies, they can freely enter and exit.
What is Nonprofit Immigration?
On April 20, 2011, the Spanish government issued a policy on profitable residence;
Applicants who immigrate to Spain under such programs are required to have sufficient non-wage income to support a stable life in Spain.
Non-profit residency only requires that the applicant can provide a stable residence for his family and have sufficient funds to prove that he and his family can maintain his or her and his family's living in Spain without working in Spain.
Although you can't work in Spain, there are other ways to earn non-salary income, such as shareholder dividends, investment income, property rent and retirement pensions.
Who is nonprofit immigration?
1. People who have sufficient savings, or have a stable job in the country and do not need to work in Spain, and want to improve the living environment and children's education planning for themselves and their families;
2. Parents whose children are in Spain but are under 65 years of age, who have retired and are unable to reunite with their families in the short term;
3. Those who do not work in Spain in the first year and want to work or start a business in Spain in the future;
4. People who want to immigrate to Spain, but don't want to buy a house or invest too much.
Advantages of non-profit immigration in Spain:
One person applys, the whole family immigrates
Spanish non-profit immigration at the same time as the application, the applicant's spouse, children and parents can apply at the same time, the whole family can obtain Spanish identity, enjoy high-quality medical care, education, pension and other benefits.
No investment or property purchase required:
Unlike Golden Residency, non-profit residency does not require investment or house purchase, and only needs to prove that there are sufficient stable funds to support the applicant and the family.
Long-term residence and simple naturalization of children
Applicants can obtain long-term residence in Spain after 5 years of residence and do not need to renew the visa, and children born in Spain can apply for Spanish nationality after staying for a few years.
Travel to the 26 countries of the European Union without hindrance
Spain is both a member of the European Union and a Schengen country, and as long as you have a Spanish residence card, you can travel to the EU countries without hindrance.
Application conditions
1. The main applicant is at least 18 years old and a non-EU citizen
2. Have a fixed residence in Spain and can rent or buy (no amount required) property
3. Be able to live in the local area for a long time, living for half a year or more every year
4. No criminal record in Spain and the country of residence in the past 5 years
5. Buy medical insurance locally in Spain
6. Non-wage income from 40,000 euros
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