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lubnachem
08-28-2012, 11:35 PM
My question is about my sister and her children who are dependents of a permanent resident in Spain. They moved to spain in2010 and got their resident cards for 3 years. Unfortunately they had to comw back after 3 months.now they wnt to go back to spain.their resident card is still valid until december.can they go back without any restrictions?someone has told that they have stayed outside spain for so long so they have lost their right to go back on their valid resident cards.My siater's husband is non- eu citizen and applied for citizenship this march.

Patricia
08-29-2012, 04:53 PM
Hello Lubnachem,

If their card is still valid they should have no problems to enter the country, however, if they have spent more than 6 months within a year out of the country, they may have problems at the time of the residence card renewal, unless they can provide with evidences to support that long absence ( medical/famly reports for instance ).

Regards,

Unregistered
08-29-2012, 10:42 PM
Thanks Patricia , it is really a great help.my sister's husband was unemployed at that time and that's why they moved out of Spain.can they renew providing these circumstances and financial constraints in Spain that left them with no choice but to go back.also, can immigration people at Spanish airport have authority to restrict them from entering while they have valid resident cards but returning after 1.5 years?

Patricia
09-05-2012, 01:01 PM
Hello,

Even if I mentioned in my previous post that if the card was still valid your isster should have no problems, I just double checked witht he Police Authorities and they have confirmed that the long absence ( more than 12 consecutive months ) means the expiration of the right to reside, and this will mean the card is no longer valid, therefore the possibility of being arrested at the airport if she does not have a visa to enter is quite high. I recommend her to visit the closest Spanish consular office and explain her case in the event they can issue a specific visa for her to enter the country without problems.

Regards,