Long-term resident status can be recovered by foreigners who have held a long-term residence permit in Spain and who have, moreover, been absent from European Union territory for 12 consecutive months or have acquired EU long-term resident status in another EU Member State or have completed the period during which they committed not to return to Spain, having voluntarily agreed to return to their country of origin.
EU long-term resident status can be recovered by foreigners who have held an EU long-term residence permit in Spain and who have, moreover, been absent from European Union territory for 12 consecutive months or have acquired EU long-term resident status in another EU Member State or have been out of Spain for more than 6 years.
To obtain a long-term resident or EU long-term resident recovery visa it is first necessary to submit an application to recover the permit. For this reason, the procedure comprises two stages.
Step 1: Recovering long-term residence or EU long-term residence
Required documents
1. EX-11 form
. Each applicant must complete and sign two application forms, having filled in each section of the EX-11 form. If the applicant is a minor, one of their parents must sign the application.
2. Passport. A photocopy of every page of a valid, unexpired passport or travel document.
3. Conditions for recovering long-term residence or EU long-term residence. Documents proving that the applicant meets at least one of the criteria for recovering long-term residence or EU long-term residence. A letter in Spanish explaining the specifics of the case such as - Arrival date in India, period since when the applicant has been living outside the Schengen territory and why, reason as to why s/he wishes to apply for the above visa and any other detail deemed crucial for declaration by the applicant. This letter may be handwritten/typed. It must be signed by the applicant and bear his/her signature, phone number, and email ID.
4. Criminal record check certificate.
- Applicants of legal age must submit both the original and a copy of the criminal record check certificate(s) issued by their country or countries of residence for the past 5 years. The document is valid for a period of 6 months. Foreign documents must be legalized or apostilled and, where applicable, must be submitted together with an official translation into Spanish. Click here for more information.
- Indian Police Clearance Certificate (PCC) must be issued by the Regional Passport Office and apostilled by the Ministry of External Affairs.
5. Medical certificate. Original and a copy of a medical certificate accrediting that the applicant does not suffer from any disease that could cause serious repercussions for public health pursuant to the 2005 International Health Regulations. The medical certificate must be issued by a legal medical practitioner. The document is valid for a period of 6 months. It must be apostilled by the Ministry of External Affairs. Click here for more information.
6. Proof of residence in the consular district. For instance, recent (no older than 6 months) utility bills that clearly display the applicant's full name and current address; copy of lease or of house deed; etc. Please, be aware that this is not an exhaustive list.
7. Proof of the representative's identity and capacity. If the applicant is a minor, it will be necessary to present originals and submit copies of the identity document or passport of one of their parents or of their guardian and of the document constituting proof of kinship. Foreign documents must be legalized or apostilled and, where applicable, must be submitted together with an official translation into Spanish.
8. Payment of the fee. To pay the fee for the residence permit, the applicant must complete all the fields of, and sign, two copies of form 790 code 052, ticking box 2.6 (long-term residence permit and EU long-term residence permit). Fees can be paid online, through the link to form 790-052. The proof of payment obtained from the same webpage must be attached to the application. Fees can also be paid at the Consular Section. Click here for more information.
9. Financial means (only to recover EU long-term residence). Originals and a copy of each of the documents accrediting that the applicant has a steady and regular financial income that is sufficient to maintain themselves and, where applicable, their family. Foreign documents must be legalized or apostilled and, where applicable, must be submitted together with an official translation into Spanish.
10. Health insurance (only to recover EU long-term residence). Original and a copy of the certificate accrediting the public or private health insurance contracted with an insurance entity authorized to operate in Spain. The insurance policy must cover all the risks insured by Spain's public health system.
When necessary to assess the application, the Consular Office may request additional documents or data and may also ask the applicant to come in for a personal interview.
Procedure
This Consular Office is competent to accept visa applications from individuals residing in the consular district.
- Who can apply: The application to recover long-term resident or EU long-term resident status must be submitted in person by the interested party, or by one of their parents if the applicant is a minor.
- Legalization and Hague Apostille of documents: Click here for more information.
- Place of submission: Applications must be submitted in person at the Consular Section in New Delhi with prior appointment through emb.nuevadelhi.vis@maec.es
- Proof of receipt: The Consular Office will provide the applicant party with a copy of the application EX-11 form and, where applicable, the receipt substantiating the payment of the fee (form 790-52) and will forward the dossier to the competent Foreign Nationals' Office. The Consular Office has a period of 3 months to reach a decision, counted as of the day following the date on which the application is received.
- Notification: The Consular Office will inform the applicant of the decision issued by the competent Government Delegation or Sub-delegation.
- In the event of a favourable decision, the Consular Office will invite the interested party to submit the visa application.
- If the decision is not favourable, the interested party may submit an appeal for reconsideration to the Consular Office within 1 month of the day following the date on which the notification of the refusal is received. An application for judicial review may also be filed with the High Court of Justice of Madrid within the 2-month period beginning the day after the date on which the applicant receives notification of the permit refusal or of the dismissal of the reconsideration appeal.
Step 2: Obtaining a long-term residence or EU long-term residence recovery visa
Required documents
1. Application form. Each applicant must complete and sign a visa application, filling in each of its sections. If the applicant is a minor, one of their parents must sign the application.
2. Photograph. A recent, passport-size, colour photograph, taken against a white background, facing forward, without dark or reflective glasses, or any garments concealing the oval of the face.
3. Valid, unexpired passport. The passport must have a minimum validity period of 6 months and contain two blank pages. Passports issued more than 10 years ago will not be accepted.
4. Photocopy of the page or pages of the passport that contain biometric data, previous visas from different countries and migration stamps.
5. Residence permit. Original and a copy of the favourable decision recognizing recovery of the long-term residence permit or EU long-term residence permit.
6. Proof of residence in the consular district. For instance, recent (no older than 6 months) utility bills that clearly display the applicant's full name and current address; copy of lease or of house deed; etc. Please, be aware that this is not an exhaustive list.
7. Proof of the representative's identity and capacity. If the applicant is a minor, it will be necessary to present originals and submit copies of the identity document or passport of one of their parents or of their guardian, as well as of the document constituting proof of kinship. Foreign documents must be legalized or apostilled and, where applicable, must be submitted together with an official translation into Spanish.
8. Payment of the visa fee. Click here for more information.
Procedure
- Who can apply for a visa: Visa applications must be submitted in person by the applicant, or by one of their parents if the applicant is a minor.
- Legalization and Hague Apostille of documents: Click here for more information.
- Place of submission: Applications must be submitted at he Consular Section in New Delhi with prior appointment through emb.nuevadelhi.vis@maec.es.
- Rectifying the application: The Consular Office may ask the applicant to submit any missing documents, or to provide additional documents or data that are necessary for a decision regarding the application. The applicant may also be called in for a personal interview.
- Decision period: The legal period for reaching a decision is of 3 months from the day after the application submission date, but this period may be extended if an interview or additional documents are requested.
- Collecting the visa: The visa must be collected in person by the applicant or by their legal representative (if the applicant is a minor) within a maximum period of 1 month, counted as of the day after the date on which the favourable decision is notified. The Consular Office will inform the applicant regarding the procedure for the return of the passport and any other original documentation.
- Visa refusal: Visa refusals will always be notified in writing, setting forth the grounds on which the decision adopted is based.
- Appeals:
- In case of refusal of a visa, the applicant can request reconsideration of decision by submitting in person an appeal letter at the Consular Section, as per the following instructions:
- Appeal can be presented within one month from the date of notification of the rejection.
- Appeal letter must be written in Spanish or in Spanish and English and must be duly signed by the applicant. In case of minors, appeal must be signed by the parents/legal guardians.
- Appeal letter must mention a telephone contact and an email address.
- In case of multiple applications, each applicant must present an individual appeal letter.
- Original and one photocopy of the appeal letter must be presented in person in order to be properly registered.
- Appeal letter can be presented on any day, except declared holidays, from Monday-Friday, between 9.00-13:00 hours, without any prior appointment.
- Appeal letter cannot be sent by email or by post.
- Maximum processing period of an appeal is one month. During the processing period, no status queries or requests for expediting the procedures will be entertained.
- Once the appeal has been processed, the applicant will be contacted by email directly by the Consular office.
- An application for judicial review may also be filed with the High Court Justice of Madrid within the 2-month period beginning the day after the date on which the applicant receives notification of the visa refusal or of the dismissal of the reconsideration appeal.
- Validity period of the visa: The visa will be valid for 90 days. Once in Spain, a Foreigner Identity Card must be applied for within a period of 1 month from the applicant's entry into Spain, at the Foreign Nationals' Office or the corresponding Police Station.