Who is eligible for long-term residency in Spain without having to wait five years?

If you've been legally and continuously resident in Spain for five years, you'll be able to apply for your long-term residency card if you wish. However, not many people know that there are several scenarios in which you don’t have to wait the full five years in order to apply for it and are entitled to fast track this process.

But first, a little clarification on some terminology. In Spain, long-term residency is often referred to as tarjeta de residencia permanente (permanent residency card), and it even states permanente on the card, but it's not technically true that it's a permanent card that can't cease to be valid.

In reality it's a long-term residency permit (that you may have to renew) rather than unconditional permission to stay in Spain, so it's better to think of it as long-term rather than permanent.

Now, what are the scenarios in which you can skip the five year wait and go straight to long-term?

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Note that the following scenarios are for EU nationals only and citizens of states in the European Economic Area (EAA, which includes Iceland, Liechtenstein and Norway).

According to Spain's Interior Ministry, the following people or groups can fast-track the long-term residency process:

The length of residence condition (ie, the 5 year rule) for self-employed or employed people who have reached the age under Spanish law for retirement with pension rights, if they have worked in Spain for at least the last twelve months and have resided in Spain continuously for more than three years.

Nor is it required if an EU citizen is married to or is the registered partner of a Spanish citizen or of a citizen who has lost his Spanish nationality following marriage or registration as a registered partner with the worker.

Employed workers who take early retirement, when they have worked in Spain for at least the last twelve months and have resided in Spain continuously for more than three years.

Self-employed or employed workers who retire as a result of permanent incapacity, having lived continuously in Spain for more than two years. In fact, you don't have to prove any period of residence if the incapacity is the result of an accident at work or occupational disease entitling you to a Spanish state pension.

An employed or self-employed worker who, after three consecutive years of working and living in Spain, carries out his or her economic activity in another EU member state but maintains residence in Spain, returning to Spain on a daily basis or at least once a week. For the sole purpose of the right of residence, periods of activity in other EU states shall be deemed to have been completed in Spain.

READ ALSO: When can I start counting my residency in Spain towards citizenship?

Non-EU

However, there are a couple of ways that non-EU citizens could also fast track the process for long-term residency, or the benefits of it at least.

According to the Ministry of Justice:

“Irrespective of their nationality, family members of an employed or self-employed worker who reside with him or her in Spain shall have the right of permanent residence when the worker has acquired this right for himself, and shall be issued with a permanent residence card as a family member of an EU citizen.”

That is to say, if for example a Chinese man came to Spain and legally worked and resided for five years then received his long-term residency, his family could then join him and also receive long-term residency rights without having to wait five years.

Of course, migrants from Latin American countries or others with colonial or historical ties to Spain (including Andorra, the Philippines, Equatorial Guinea, Portugal or Sephardic Jewish nationals) are only required to be resident for two years before they can legally begin the application process for citizenship, something that gives them even more rights than long-term residency.

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