Reclaiming permanent residency

    As a UK national living in Australia but with a flimsy bit of paper that is my Spanish 'PR' (issued in 2006 after my old plastic card expired), do I qualify for the 'five' year absence accorded to EU/UK citizens? If not, what do I have to do to 'get back' next year with my daughter (Spanish national)?
I lived in Girona for 30 years prior to 2019 and am married to a Spanish national with dual Spanish-Australian citizenship, who will remain in Australia for another year.

I've been trying to find answers ever since COVID stopped me getting back before the 2 year window closed (Australia was in full lockdown for about 2 years).

I really hope you can finally clarify things for me! The five years will be up next January!

Many thanks.

Jane
   

    -@janeingirona

I would get in touch with these people > https://www.citizensadvice.org.es

@janeingirona

Welcome to the expat.com forum and good luck with your move back to Spain!

I have not heard about a 5 year absence rule... where did you see this please?

As a Brit, the key issue is that you had residence pre-Brexit. So, in theory, you have established your rights under the Withdrawal Agreement. The long absence is unfortunate, and I don't know the exact rules... but I suspect they are not super aggressive with Brits (as opposed to other non-EU absentees). I'd be inclined to get over there ASAP, and simply try to get your new PR (as all Brits should go get an Article 50 residence permit issued). It might not be as simple as asking, as you might need your padron certificate or health insurance.

Your case is quite unusual as you have a Spanish spouse and Spanish child too. So even if the PR were not honoured, I doubt that it would be terribly difficult to simply start again using Family Reunification (but your spouse might need to come over with you for a couple of weeks).

Personally, in your situation, I'd probably pay a few euros for an online consultation with an immigration attorney (there are many you can find with a Google Search) and get their view on the possible options.

@janeingirona

Hi,

The 5 year absence rule is in the Brexit withdrawal agreement article 15(3);

Once acquired, the right of permanent residence shall be lost only through absence from the host State for a period exceeding 5 consecutive years.

I would expect this to apply in your situation, provided you can show that you have not be absent from Spain for more than 5  years. Even a short visit back would reset the clock.

actually these people have better information:

https://www.ageinspain.org/residencyor you can try the organisation responsible for guiding british nationalks during Brexit issues: https://spain.iom.int/es/uk-nationals-s … -programor try the gov.uk website -

https://www.gov.uk/guidance/living-in-spain