LARGA DURACIÓN
A very common question is: How can I obtain my larga duración (residency) in Spain after 5 years?
First of all, we need to clarify that only those who have been in Spain AS RESIDENTS for 5 continuous years have this option.
What does this mean?
If you have been in Spain for 5 continuous years but you have been here as a tourist or a student, those years DO NOT count.
Why? Because students and tourists are not here as residents.
Who can apply? Anyone who has had a residency for 5 continuous years (cuenta ajena, cuenta propia, non lucrative visa, altamente cualificado, etc).
LARGA DURACIÓN VS. LARGA DURACIÓN EU
There are 2 types of residency: The larga duración (which requires 5 years as a resident to be able to apply), and the larga duración EU.
If you are interested in obtaining the larga duración, you need to meet the requirement of having been in Spain as a resident for 5 continuous years (like we mentioned before, if you were a student or tourist, then that time does not count).
Also, if you are eligible and wanted to apply for larga duración, we recommend you come in for a consultation with one of our lawyers so that they can explain the whole process to you: required documentation, time period, cost of the process, etc.
Now, what if I am a student and I want to obtain the larga duración residency?
Students cannot obtain the larga duración since they are not residents, however, they could obtain the larga duración EU, which is different.
First, it is very important to remember that NO student can go from being a student to having a larga duración automatically. There is another very important step that everyone has to do before applying for larga duración EU, which is a modification.
What is a modification?
If you are a student in Spain, you can modify your status after 3 years. So, if you have been in Spain for 3 or more years as a student, you can modify now. You will be able to modify your status to cuenta ajena or cuenta propia which is a type of residency.
If you are interested in modifying, then we recommend you come see us and talk to your lawyer to advise you and explain this process to you.
The years you are in spain as a student will count towards you being able to get your larga duración EU (but only half of that time will count).
This means, you can be a student for 3 years (1.5 yrs will count toward your residency) and then you modify to cuenta ajena or cuenta propia which is a residency (you need a job).
Once you get your TIE (it will be given to you first for a year, and then each time you renew), That time you can count it with the 1.5yrs that you had as a student, and ONCE you have the 5 years of residency you can apply for the larga duracion EU.
So, let´s see some examples:
- Student for 3 years, modifies to cuenta ajena or cuenta propia (this student needs 3.5 years as a cuenta ajena or cuenta propia to be able to apply for larga duración EU. Why? Because they can add up 1.5 years (half of their student years) with the 3.5 years of cuenta ajena or cuenta propia and have the 5 required years as a resident to be able to apply for the larga duración EU.
- Student for 5 years, modifies to cuenta ajena or cuenta propia (this student needs 2.5 years as a cuenta ajena or cuenta propia to be able to apply for larga duración EU. Why? Because they can add up 2.5 years (half of their student years) with the 2.5 years of cuenta ajena or cuenta propia and have the 5 required years as a resident to be able to apply for the larga duración EU.
- Student for 7 years, modifies to cuenta ajena or cuenta propia (this student needs 1.5 years as a cuenta ajena or cuenta propia to be able to apply for larga duración EU. Why? Because they can add up 3.5 years (half of their student years) with the 1.5 years of cuenta ajena or cuenta propia and have the 5 required years as a resident to be able to apply for the larga duración EU.
We hope these examples help you understand the process as it can be a little confusing.
You have to remember that you ALWAYS will have to modify to cuenta ajena or cuenta propia at some point if before you can obtain the larga duracion EU (you cannot go straight from student to larga duracion EU.)
For more information on Larga Duración and Larga Duración EU click here.
If you are interested in this process we highly recommend you make an appointment with one of our lawyers so that they can give you more information about how to proceed.
You can call us at +34 911 270 920 or send us an email to info@sternaabogados.com to schedule your appointment.