EU citizens: Common procedures
Citizens of European Union member states who wish to stay or reside in Spain for longer than three months are required to apply for a certificate of registration or a European Union Citizen Family Member Card.
The EU regime also applies to EU citizens’ family members, irrespective of nationality, who accompany or join them.
- The spouse, unless there exists an agreement or declaration of marriage annulment, divorce or legal separation.
- The Partner, with whom the EU citizen forms a union equivalent to marriage, registered in a public register.
- The direct descendants and those of the spouse or registered partner under the age of 21, or dependent descendants over the age of 21, as well as disabled descendants.
- Dependent direct relatives in the ascending line.
The aforementioned family members are entitled to perform labour activities, as salaried or self-employed workers, under the same conditions as Spanish nationals, with the exception of descendants over the age of 21, and dependent relatives in the ascending line.
Possession of the temporary certificate is regarded as sufficient to prove the legal situation until the issuance of the actual card, although it does not constitute a prerequisite for the enjoyment of other rights nor for the fulfilment of administrative formalities, unless the beneficiary of the rights can prove his situation by different means of evidence. Article 8.2 of Royal Decree 240/2007.
The European Union Citizen Family Member Card has a validity period of five years.
Right of residence for family members of EU-citizens in cases of death, marriage annulment, divorce, legal separation or dissolution of registered partnership
Death
- If the holder of the right to reside in Spain dies, during the course of his working life, before being granted a permanent residence permit in Spain, the family members who resided with the holder of the right of residence in Spain, will be granted the right of permanent residence provided that the following circumstances are met:
- The holder of the right of residence in Spain resided in Spain for at least two consecutive years immediately prior to death.
- Death was caused by an occupational accident or disease.
- The surviving spouse is a Spanish citizen who had lost Spanish citizenship because of marriage to the deceased.
Marriage annulment, divorce, legal separation or dissolution of registered partnership.
- According to article 9.4 of Royal Decree 240/2007, non-EU citizens are required to inform the competent authorities of such circumstances. In order to retain the right of residence, applicants must prove that they meet either one of the following conditions:
- A minimum of 3 years of marriage or registered partnership prior to the start of the judicial proceedings for marriage annulment, divorce or legal separation, or for the dissolution of registered partnership. Proof must be provided that at least one of these three years was spent in Spain.
- The granting of custody of the EU-citizen’s children, either through mutual agreement or by court order, to the former spouse or registered partner who is not a citizen of a Member State of the European Union or another State party to the Agreement on the European Economic Space.
- Citizens who can provide proof they have been victims of domestic violence during marriage or registered partnership, will be granted a provisional permit if a protection order or a public prosecution report has been issued in their favour, or a permanent permit if sentence has been passed.
- A court order or mutual agreement between both parties granting the right of visitation of the minor child to the former spouse, legally separated spouse or former registered partner who is not a citizen of a Member State of the European Union or another State party to the Agreement on the European Economic Space, provided that the minor child resides in Spain and the aforementioned order or agreement is in full force and effect.
- In order to obtain a new permit, applicants must prove they are registered in the corresponding Social Security regime, as salaried or self-employed workers, or that they have sufficient financial resources to support themselves and their family members.