Guide updated for September 2026 · RD 316/2026
Overys guide · Year 5

Long-term residence.
The status that no longer expires.

After five years of continuous legal residence you stop renewing your right: long-term residence lets you live and work indefinitely, under the same conditions as a Spanish citizen. The card is renewed every five years; the status no longer is. If you come from the regularization, the road to this point is in the guide to your first year.

Long-term residence

Five years of continuous legal residence entitle you to live and work in Spain indefinitely, under the same conditions as a Spanish citizen. The card is renewed every five years, but the status itself no longer expires.

How those five years are counted

They count from the effective date of your current authorization, provided there are no gaps. Regarding absences, the general rule: no more than six consecutive months away and no more than ten cumulative months over the five-year period. If the absences are due to duly justified work-related activity, the limit is higher.

National or EU

There are two variants. The national long-term residence permit is the usual route. The EU long-term residence permit requires more rigorous proof of resources and insurance, but allows you to move to and settle in other member states. The choice depends on your life plans, and it pays to decide it in good time.

The silent enemy: absences

Most long-term residence cases that fall through don’t fail for lack of years, but because of trips that broke the continuity while nobody was keeping count.

The rule to watch

  • No more than six consecutive months outside Spain.
  • No more than ten cumulative months over the whole five-year period.
  • If the absences are due to duly justified work-related activity, the limit is higher.

How to watch it without suffering

  • Keep a log of every departure and every return, with stamps or tickets.
  • Keep evidence of your life in Spain: payslips, municipal registration, school, lease, bills.
  • Before a long trip, do the maths: a single trip can use up the margin for the whole five years.

And after long-term residence

The status does not expire, but it has maintenance rules too: very prolonged absences from Spain or from the European Union can extinguish it. And if your horizon is the passport, citizenship by residence follows its own calendar, which can run in parallel.

José Antonio Rodes López, lawyer and founder of Overys Migrant Mobility

Who signs this guide

José Antonio Rodes López

Lawyer · Admitted to the Alicante Bar Association (ICALI), no. 5,502

More than twenty years supporting people and families who move to Spain and build their lives here. Founder of Overys Migrant Mobility, a firm specialising in immigration and international mobility.

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Legal notice. This guide is for informational purposes only and does not constitute individualized legal advice. It is current as of September 2026, in accordance with Royal Decree 316/2026, of April 14, the Immigration Regulations approved by Royal Decree 1155/2024, and Instruction 7/2026 of the Secretariat of State for Security. Regulations and administrative criteria change: each case requires an individual analysis.