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Thread: Validity of Regimen Comunitario card

  1. #1
    Junior Member
    Join Date
    Dec 2019
    Posts
    2

    Default Validity of Regimen Comunitario card

    Hi,

    I am a regimen comunitario card holder. I live in Spain for almost 2 years. Then went back to Philippines to study. Since, I can stay out Spain for not more than 12 months I flew back to Spain on May 2019. But went back to Philippines again on June 2019.

    Now, if I go back to Spain on June 2020,
    -is there going to be a problem?
    -Will I still be able to enter Spain?
    -or Will I lose the validity of my residency card?

    Your answer will be highly appreciated. Thank you

  2. #2

    Default

    Hello Cranerish,

    You do not mention how long you have stayed in Spain since you first got the residence card. You mention you came back in May for a month, but when did you leave? You should count the days you have been in Spain per year. As a temporary residence card, an absence of more than 6 months per year involves a sanction and problems to renew the card.

    You must not be out of Spain for more than 12 consecutive months, as you can be denied entry or be fined because your card can be considered as cancelled or invalidated for that reason.

    Regards,
    Patricia Martin
    Legal Assistant at Lawbird
    Check My Profile

  3. #3
    Junior Member
    Join Date
    Dec 2019
    Posts
    2

    Default

    I left Spain on May 14, 2018 then came back on May 8, 2019.


    So the 12 consecutive month-rule can be applied per year? For instance, every time I go out of Spain, I can stay outside for less than a year, is that right? If I left Spain again on June 25,2019 I can still go back before June 25, 2020?

    Thank you for the response.

  4. #4

    Default

    Hello Cranerish,

    I understand you are risking your residence permit. Residency rights can be cancelled after 12 consecutive months out of Spain. it is a reason for the loss of the residence card.

    Regards,
    Patricia Martin
    Legal Assistant at Lawbird
    Check My Profile

  5. #5
    Unregistered
    Guest

    Exclamation Validity of Regimen Comunitario card????

    Hello Patricia

    I m from india In 2009married with a portugessa. In 2014 divorced after 05 years before getting Permanent Comunatario. My Permanent Comunitario validity till 2024 approved after presenting proofs (Marriage period 5Years, Padron together 3Years) in ministery. In 2015 I changed my card Larga duracion EU to do a job out of spain.But did not go. spent whole time in spain.

    Now i want to get again my Permanent Comunatario Card. Is it possible. and how can i get it

    Thanks & Awtg
    Khalid

  6. #6

    Default

    Hello Khalid,

    You cannot recover your previous card as relative of an EU citizen because you no longer meet the requirements. You have a long term residence card anyway, so you just have to renew the card at the police station every five years. Getting the long term residence card EU grants you beneficial rights in the event you wish to move to another EU country, but you do not have the obligation to do so.

    Regards,
    Patricia Martin
    Legal Assistant at Lawbird
    Check My Profile

  7. #7
    Unregistered
    Guest

    Exclamation Urgent response please

    Hello Patricia

    As you gave a lot of information about this topic, i have same problem.

    In 2012 i got permanent comunitario (10Anos) after divorce.
    In 2013 i got larga duracion EU.

    In 2018 when i went for to renew card they said your Permanet Comunitario and larga duracion are Annulado.

    I went in court presented proofs
    Yesterday the court gave decision permanent comunitario Favorable for me, and fined to ministry.
    but the Larga duracion eu still pending did not give decision.

    Now can i get permanent comuntiario card

    Or

    If larga duracion EU does not come in my favour will it effect the comunatario card also(the above court decision).

    Hope you will help me also.

    Thanks & awtg ur urgent response will be highly appreciated
    Haji

  8. #8
    Unregistered
    Guest

    Exclamation Validity of Regimen Comunitario card (Reminder)

    Quote Originally Posted by Unregistered View Post
    Hello Patricia

    As you gave a lot of information about this topic, i have same problem.

    In 2012 i got permanent comunitario (10Anos) after divorce.
    In 2013 i got larga duracion EU.

    In 2018 when i went for to renew card they said your Permanet Comunitario and larga duracion are Annulado.

    I went in court presented proofs
    Yesterday the court gave decision permanent comunitario Favorable for me, and fined to ministry.
    but the Larga duracion eu still pending did not give decision.

    Now can i get permanent comuntiario card

    Or

    If larga duracion EU does not come in my favour will it effect the comunatario card also(the above court decision).

    Hope you will help me also.

    Thanks & awtg ur urgent response will be highly appreciated
    Haji
    hello patricia
    awaitng ur opinion pls

  9. #9

    Default

    Hello Haji

    You can only have one residence permit in Spain. This means that two cards cannot coexist. If they have granted you the Permanent card as relative of an EU citizen, they won´t give you the right to hold the larga Duración UE card. However, you can give up on the current card and apply for the Larga Duración UE if you believe you meet the requirements.

    Regards,
    Patricia Martin
    Legal Assistant at Lawbird
    Check My Profile

  10. #10
    Unregistered
    Guest

    Exclamation Is Permanent comunitario always valid???

    Quote Originally Posted by Patricia View Post
    Hello Haji

    You can only have one residence permit in Spain. This means that two cards cannot coexist. If they have granted you the Permanent card as relative of an EU citizen, they won´t give you the right to hold the larga Duración UE card. However, you can give up on the current card and apply for the Larga Duración UE if you believe you meet the requirements.

    Regards,
    Hello Patricia

    Thanks for responding. At this time Im awating the time (15Days)of court for reclaim if any body have objection against decision. I m confused may b minsitery will
    give or not. so writing you with a hope of guidence:

    1.Can they ignore court order by saying you 6 years before u gave up comunitario for to get Larga duracion EU. Your Larga duracion EU is annulado then you have no right of Comunitario also?

    or

    2.Anyother posiblites to ignore court order?

    Thanks & awtg
    haji

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