Spain’s highest court has quietly rewritten one of the most anxiety-provoking clauses in the country’s immigration rule-book. In a judgment published in the Boletín Oficial del Estado (BOE) on 25 February 2026, the Supreme Court struck down article 162.2 (e) of Spain’s Immigration Regulation, the provision that allowed authorities to cancel a temporary-residence permit if the holder spent more than six consecutive months outside Spain in any 12-month period.(euroweeklynews.com)
The court reasoned that a restriction of this magnitude—effectively limiting a resident’s freedom of movement—cannot be introduced by secondary legislation. Only an act of parliament, it said, can curtail a right so fundamental. Until lawmakers choose to legislate, immigration offices may no longer revoke a permit solely on the basis of a long absence.(euroweeklynews.com)
For the country’s 1.5 million non-EU residents, the impact is immediate. Remote workers who bounce between time zones, global executives posted to multiple markets and families who split the school year between two countries no longer have to schedule their lives around a rigid calendar. The ruling does not make residency permanent—permits can still be lost for fraud, non-renewal or loss of livelihood—but it removes what lawyers long called a “guillotine clause.”
![Spain’s Supreme Court Abolishes Six-Month Absence Rule for Temporary Residents]()
If you need help navigating the new landscape, VisaHQ’s Spain portal (https://www.visahq.com/spain/) offers an all-in-one platform to check the latest requirements, assemble application packets and book necessary appointments. The service keeps track of rule changes like this Supreme Court decision and can streamline paperwork for both individuals and HR teams handling employee relocations.
Corporate mobility managers should revisit travel-policy guidance that warns employees against extended assignments abroad. In practice, staff on Spanish permits may now accept longer projects overseas without endangering their status, provided they continue to meet the financial and insurance requirements that underpin the visa. Employers should, however, document salary continuity and social-security payments to avoid other compliance pitfalls.
Immigration advisers also expect a ripple effect on permit renewals. Consulates and police stations can no longer reject applications simply because the passport is heavy with stamps. That should translate into fewer appeals and faster processing—welcome relief at a time when Foreigners’ Offices are already battling backlogs. For globally mobile talent, the decision signals a modernising system that better reflects how people live and work in 2026.
The court reasoned that a restriction of this magnitude—effectively limiting a resident’s freedom of movement—cannot be introduced by secondary legislation. Only an act of parliament, it said, can curtail a right so fundamental. Until lawmakers choose to legislate, immigration offices may no longer revoke a permit solely on the basis of a long absence.(euroweeklynews.com)
For the country’s 1.5 million non-EU residents, the impact is immediate. Remote workers who bounce between time zones, global executives posted to multiple markets and families who split the school year between two countries no longer have to schedule their lives around a rigid calendar. The ruling does not make residency permanent—permits can still be lost for fraud, non-renewal or loss of livelihood—but it removes what lawyers long called a “guillotine clause.”
If you need help navigating the new landscape, VisaHQ’s Spain portal (https://www.visahq.com/spain/) offers an all-in-one platform to check the latest requirements, assemble application packets and book necessary appointments. The service keeps track of rule changes like this Supreme Court decision and can streamline paperwork for both individuals and HR teams handling employee relocations.
Corporate mobility managers should revisit travel-policy guidance that warns employees against extended assignments abroad. In practice, staff on Spanish permits may now accept longer projects overseas without endangering their status, provided they continue to meet the financial and insurance requirements that underpin the visa. Employers should, however, document salary continuity and social-security payments to avoid other compliance pitfalls.
Immigration advisers also expect a ripple effect on permit renewals. Consulates and police stations can no longer reject applications simply because the passport is heavy with stamps. That should translate into fewer appeals and faster processing—welcome relief at a time when Foreigners’ Offices are already battling backlogs. For globally mobile talent, the decision signals a modernising system that better reflects how people live and work in 2026.
