Path to EU permanent residency
Posted by SafeEmu3759@reddit | expats | View on Reddit | 15 comments
Hello everyone,
I am doing some research on obtaining a EU permanent residency as I might be moving to Spain soon.
I am a non EU citizen and would be living in Spain, I would be paying taxes in Spain as well as holding health insurance and my family would be living there. On other hand, I would be on 6 weeks on / 3 weeks off rooster outside of Spain.
Reading the rules strictly, this would prevent me for applying for EU permanent residency after 5 years, as I will be spending more than 10 months in those 5 years outside of the country.
Does anyone has experience with this? Is there exception to this rule as I would have a "local" (Spanish) contract with the Spanish company that will do annex to send me to other countries for work? Is there pathway for me to obtain permanent residency or for my family?
*On my rooster I would be working in non-EU countries
Original_Account_908@reddit
As far as I understand it, the key point is whether you remain a Spanish tax resident and keep your life effectively based in Spain during those 5 years.
If you are employed by a Spanish company, paid in Spain, taxed in Spain, insured in Spain, and your family is living there, that seems much more important in practice than the fact that you are physically abroad for work on rotation.
I also would not confuse work travel with actually moving your residence abroad. If your base remains Spain and you are just leaving temporarily for assignments, that feels very different from breaking residence.
And practically speaking, when you travel internationally, you are using your passport, not your NIE, so the fact that you spend time outside Spain for work is not necessarily the same thing as giving up your Spanish residence.
I am based in Madrid since the last 12 years and became spanish citizen, they never asked me any such document as they referred to the registration date of the "padron" local city registration when you move in and nothing else
SafeEmu3759@reddit (OP)
Thanks for the reply.
My initial assessment was the same, however, there is a clause saying that if you spent 10 months out of the country in 5 years, you break the residency "timer" and you are not eligible. It doesnt mention any provision for FIFO work or any kind of arrangement.
My contract would be in Spain, and I would be paying taxes and we will be insured in Spain, actually the company demands this set up, especially in terms of me keeping Spanish tax residency. I will be sent on rotation by the company and it would be by signing an annex.
Family would be living there full time and of course insured.
I mean, its not that big of a deal but I am so tired of visa's and insecurity that comes with them....
Original_Account_908@reddit
I understand your doubt and I personally wouldn't worry about it as far as your full family is living in Spain for that time + you are working in Spain ;)
Sufficient-Job7098@reddit
But your family will stay in Spain permanently and legally during those 5 years?
SafeEmu3759@reddit (OP)
My spouse and children would live permanently in Spain for the whole time.
Sufficient-Job7098@reddit
So if your spouse will legally stay for the required duration then she will be able to apply for residency.
SafeEmu3759@reddit (OP)
Thanks.
That's a bit of confusing part for me, taking experience from some previous visa's, she was always my dependent and she wouldn't be able to apply for residency. I hope you are right, but after some research that part is a bit fuzzy to me.
comments83820@reddit
There is no exception unless you have citizenship from birth from a Latin American country or the Philippines. What is your country of citizenship? If not, you will be waiting a long time and facing a lot of bureaucracy. And, yes, you might not even qualify at all with your travel schedule. If you want to become a citizen of a country, you must spend the. majority of your time there.
SafeEmu3759@reddit (OP)
There is a EU Long Term Resident permit (I used permanent residency term as is more common) and you can see some details here https://home-affairs.ec.europa.eu/policies/migration-and-asylum/legal-migration-and-resettlement/long-term-residents_en
My question was more about my schedule and if anyone has experience taking this path, I understand that my work schedule is an issue but some countries do recognize FIFO work and adjust rules as long as "center of living" and tax residency is maintained in the country, which I will be doing.
comments83820@reddit
i'm guessing you're not from a Latin American country since you didn't respond
SafeEmu3759@reddit (OP)
No, not from Latin America or the Philippines. I am from a country in Europe that is not EU member state.
comments83820@reddit
okay, i think you will need to manage your expectations
SafeEmu3759@reddit (OP)
Thanks for the response.
I dont really have any expectations, especially due to nature of my work I have been going through visa process so often that it starts to feel unbearable, hence, understanding the possible (if any) paths to residency would be helpful as I would like to have a permanent base for once. But if its not possible then it is what it is.
B-duv@reddit
On what visa will you initially reside in Spain?
SafeEmu3759@reddit (OP)
Still to be confirmed by potential employer but my understanding is Highly Qualified Professional.