Article 162-2-e) of the Foreign Regulation establishes as a cause for termination of the temporary residence permit in Spain, the absence of periods of six months or more per year.

On 5 June 2023, the contentious-administrative chamber of the Supreme Court published ruling 731/2023, in which it ruled that article 162-2-e) of the Aliens Regulation was null and void, limiting the right to free movement of foreign citizens residing in Spain, as established in Organic Law 4/2000.

Therefore, as of 5 June 2023, foreigners with temporary residence permits are allowed to be absent for periods longer than six months without this entailing the extension of their temporary residence permit in Spain.

In addition, the Supreme Court, with the nullity of this article, wants to convey that no regulatory norm can limit or contradict a norm with the rank of law such as Organic Law 4/2000.