What happens if you’re already living in Spain and you’re charged with a crime or misdemeanour here? Does that mean that you’ll get your residency taken away and have to leave? What happens when it comes to renewing your residency?
If you’re from a non-EU country, in order to get legal residency in Spain, most likely you would have had to get a criminal record check to present with your application.
This is so that Spain can make sure they’re not letting criminals come and reside in the country.
Recently, however, Spain’s Supreme Court annulled the rule which resulted in the automatic denial of certain permits based solely on the existence of a criminal record.
It means that from now on, authorities must analyse each case individually and consider the severity of the crime and the circumstances, as well as how long ago it was, the family situation of the applicant etc. They will not automatically deny the applicant residency just because they have a criminal record.
READ ALSO: Spain makes key changes to immigration and residency rules
But what happens if you’re already living in Spain and you’re charged with a crime or misdemeanour here and get a criminal record? Does that mean that you’ll get your residency taken away and have to leave? What also happens when you come to renew your residency?
According to immigration law firm XlegalZ based in Barcelona, the Supreme Court has said that immigration authorities must take into account the seriousness of the offence, the penalty imposed, the amount of time since the crime was committed and what happened afterwards.
They state that it’s likely you won’t get your residency taken away for:
- Minor or isolated offences
- Sentences that have already been served and are eligible for cancellation.
- If you have strong professional and social ties here
- If you have children in Spain
Basically, renewals will be decided on a case-by-case basis. For example, if you stole something of little value or were caught smoking marijuana, it’s very different from something like repeated offences for violence or drug trafficking.
READ ALSO: What are the penalties for drug possession in Spain?
Spain’s Royal Decree says that records eligible for cancellation are not taken into account when it comes to residency renewals either.
According to Equalitas Abogados, an immigration law firm based in Madrid, this means that “if you committed an offence, served your sentence, and enough time has passed under Spanish law, your record can be cancelled…. And it’s as if the record never existed”.
They state that if your record is eligible for cancellation, you can request this via the Ministry of the Presidency, Justice and Parliamentary Relations.
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Not all records can be cancelled, but it will depend on what the crime was and how long ago it was.
If in doubt, it’s best to talk with a specialist immigration lawyer who will let you know if you can do this or not.
They will also be able to let you know if it’s likely your crime will affect your residency renewal or not.
READ ALSO: How to apply for a criminal record certificate in Spain
