Moroccan Woman Denied Spanish Pension After Spending 244 Days Abroad
A Moroccan woman legally living in Spain was denied a retirement pension after spending 244 days outside the country. Her passport proved decisive in court, despite documents she submitted to challenge the record of her absences.
She had a valid residence permit, but her pension was denied. Born in Morocco in 1943, the woman held long-term residency in Spain. That was not enough to qualify for the non-contributory retirement pension she had applied for. The High Court of Justice of Murcia upheld the administration’s refusal, with the judges citing her numerous stays in Morocco.
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The case dates back to May 27, 2019. On that date, the Moroccan woman filed an application with Murcia’s regional social welfare agency (IMAS). Three months later, her application was denied. After examining her passport, the administration found that she had spent 244 days outside Spain in 2018, mainly in Morocco.
The pensioner challenged the decision. Among other documents, she submitted a Moroccan certificate recording her border crossings to dispute the calculation of her absences. But the judges gave greater weight to the entries in her passport, which they considered reliable evidence of her entries into and exits from Spain. In their view, the Moroccan document did not change the facts established. The case is detailed by the daily La Razón.
A 90-day rule that tipped the case against her
The issue stems from the conditions for receiving this pension, which is intended for older people with limited resources. Spanish law requires 10 years of legal residence, including two consecutive years immediately before the application. Crucially, Article 10 of Royal Decree 357/1991 stipulates that only absences of fewer than 90 days in a calendar year do not break this continuity, except in cases of duly documented illness. With 244 days of absence in 2018, the Moroccan woman far exceeded that limit, the Spanish Official Gazette notes.
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The plaintiff also invoked international agreements linking Morocco with Spain and the European Union. Without success. In its March 24, 2026 ruling, analyzed by the legal portal LegalToday, the court said the Moroccan-Spanish social security agreement applies to contributory benefits. As for the Euro-Mediterranean agreement, it guarantees equal treatment but does not exempt applicants from the residency requirements.
Ruling No. 271/2026 therefore upheld the lower court’s decision and the denial of the pension, with no order to pay costs. The applicant still had the option of appealing to Spain’s Supreme Court under the applicable procedural rules. For this benefit, years of legal residence are not enough: the time actually spent in Spain also counts.
