Validity of Regimen Comunitario card

[cranerish]

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

[Patricia]

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,

[cranerish]

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.

[Patricia]

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,

[Unregistered]

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

[Patricia]

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,

[Unregistered]

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

[Unregistered]

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

[Patricia]

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,

[Unregistered]

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

[Unregistered]

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 POSIBILTIES REFUSING COURT ORDER.

Thanks & awtg
haji

Hello Patricia

As per above questions pls add one more pls

3. The court gave decsion against me did not give me Residency Larga duracion EU can ministery refuse me by saying your larga duracion is annulado. From that period (6 years) you are illegal.
So you can not get comunitario card also. Actually they annulado both cards in 2018 and i applied a writ against both decisions. Now the court gave order to regulise Tarjeta comunitario.
What will b the next one because you are a most senior lawyer. Your opinion will be authenticated.

Thanks and awtg
haji

[Patricia]

Hello Haji,

I am not able to reply your query based on the information you have provided, as I need to check the documentation related to the case and the content of the resolution. Feel free to contact us using our website contact form.

Regards,

[Unregistered]

Hello Haji,

I am not able to reply your query based on the information you have provided, as I need to check the documentation related to the case and the content of the resolution. Feel free to contact us using our website contact form.

Regards,

Hello Patricia
sorry i tried to send msg on your website contact form but there was problem of recaptacha.
so sorry requesting again here with whole detail:


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

In May2018 when i went for to renewl card they said your Permanet Comunitario and larga duracion are Annulado.

The details for processing annular are:-

On 10 jan 2018 ministery annulado my tarjeta comunitario.
on next day from 11 Feb 2018 started process to annular larga duracion EU and annulado in 1st weak of april 2018.

I appealed in court then:-

Ministery gave reason to annular tarjeta comunitario (did not live together then he changed Larga duracion EU so cancelled tarjeta comunitario).

Ministery gave reason to annular tarjeta larga duracion EU (presented fake contract ).

I presented my proofs against the ministery both decions:-

The Court gave decision in my favour for tarjeta comunitario. The court annulado the decision of ministery and fined to ministery.

But The court gave decision against me in Tarjeta Larga duracion EU and fined me.

Now as per court decision of tarjeta comunatario will i get again DUPLICATE Tarjeta comunitario(was valid till 2022) and what will be its process.

The 2nd decision of Larga duracion EU against me have any effect for getting tarjeta comunitario.

Hope you will help me also.
Thanks and awaiting
haji

[Unregistered]

Hello Patricia
sorry i tried to send msg on your website contact form but there was problem of recaptacha.
so sorry requesting again here with whole detail:


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

In May2018 when i went for to renewl card they said your Permanet Comunitario and larga duracion are Annulado.

The details for processing annular are:-

On 10 jan 2018 ministery annulado my tarjeta comunitario.
on next day from 11 Feb 2018 started process to annular larga duracion EU and annulado in 1st weak of april 2018.

I appealed in court then:-

Ministery gave reason to annular tarjeta comunitario (did not live together then he changed Larga duracion EU so cancelled tarjeta comunitario).

Ministery gave reason to annular tarjeta larga duracion EU (presented fake contract ).

I presented my proofs against the ministery both decions:-

The Court gave decision in my favour for tarjeta comunitario. The court annulado the decision of ministery and fined to ministery.

But The court gave decision against me in Tarjeta Larga duracion EU and fined me.

Now as per court decision of tarjeta comunatario will i get again DUPLICATE Tarjeta comunitario(was valid till 2022) and what will be its process.

The 2nd decision of Larga duracion EU against me have any effect for getting tarjeta comunitario.

Hope you will help me also.
Thanks and awaiting
haji

Hello Patricia
Awaiting your advice pls.

[Patricia]

Hello Haji

We need to review the documentation related to this matter in order to offer the best advice. Please retry our contact form.

Regards,

[Unregistered]

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

The court granted me Permanent comunitario card. And now ministery filed a writ in high court against court decision.

1.what will be the next one?
2.can high court issue me a temporay card on behalf of first court decision.?
3.what is my legal status at this time?
4.Have i permission to do work?

Hope you will reply me soon as seeing my nervousness.
Thanks &awtg

[Unregistered]

Hello Patricia

The court granted me Permanent comunitario card. And now ministery filed a writ in high court against court decision.

1.what will be the next one?
2.can high court issue me a temporay card on behalf of first court decision.?
3.what is my legal status at this time?
4.Have i permission to do work?

Hope you will reply me soon as seeing my nervousness.
Thanks &awtg

HELLO PATRICIA

awtg ur authendiate suggestion

[Patricia]

Hello,

You need to go through the documentation with the lawyer in charge, that will have a copy of all the actions taken and of the court file and be able to answer your questions.

Regards,