Residence card for community family member
If you are a family member of a European Union citizen, you are entitled to obtain a residence permit as an EU family member. This document is essential to legally live and work in Spain. If you need specialized legal assistance, our team is available to successfully manage your application.
What is the EU Citizen Registration Certificate?
Citizens of an EU or EEA Member State who plan to stay in Spain for more than three months must register in the Central Register of Foreign Nationals. To obtain a residence permit as an EU family member, the European citizen must prove:
- Economic activity: Being employed or self-employed in Spain.
- Sufficient financial means: Having adequate resources to avoid becoming a burden on the social assistance system.
- Health insurance: Public or private coverage equivalent to the Spanish National Health System.
What is the Residence Card for a Family Member of an EU Citizen?
The EU family member residence card allows non-EU relatives to live and work in Spain for an initial period of five years. This residence permit is based on the relationship with the EU citizen, whether through marriage, registered partnership, or direct family ties.
Who can apply for a residence permit as an EU family member?
Having legally resided in Spain for the required period depending on the nationality you intend to apply for.
The following individuals qualify as EU family members entitled to this card:
- Spouse or Registered Partner: Officially registered or able to prove a stable relationship.
- Descendants: Direct children of the EU citizen or their partner under 21 years old (or older if financially dependent).
- Ascendants: Parents of the EU citizen or their partner who are financially dependent. It is worth noting the new EU residence card for parents of Spanish children, a key pathway for regularization through both community and social integration routes.
- Extended family: Siblings, grandchildren, uncles, or nephews who can prove at least 24 months of financial dependence.
List of Documents:
✅ Valid and complete passport of the applicant.
✅ ID or EU Registration Certificate of the EU citizen.
✅ Proof of family relationship: Marriage certificate, registered partnership certificate, or birth certificates.
✅ Criminal record certificates from the country of origin and Spain.
✅ Financial means: Employment contract, employment history, or bank statements of the EU citizen.
✅ Health insurance: Private insurance with no co-payments or registration with Spanish Social Security.
✅ Joint registration: Proof of living together at the same address.
Required Documents to Apply for an EU Family Residence Card
To ensure proper issuance of the EU family residence card, it is essential to submit complete documentation. Failure to meet the requirements usually leads to rejection.
Cohabitation and Relationship Requirements for the EU Family Card
In this case, you must prove a stable relationship supported by evidence and at least one continuous year of cohabitation, unless you have children together, in which case proof of a stable relationship will be sufficient.
EU Residence Card for Unmarried Partners (Registered Partnership)
Obtaining a residence permit as an EU family member through a personal relationship is one of the most common inquiries in our offices. To qualify, two legal scenarios must be considered:
1. Registered Partnership
This refers to a partnership officially registered in a public registry of an EU or EEA Member State.
Requirement: The registration must be valid and not canceled.
Incompatibility: This option is not available if either partner is still married to someone else or has another registered partnership.
2. Unregistered Partnership (Stable Relationship)
If there is no official registration, the EU family member may still obtain the card by proving a stable relationship.
Proof of cohabitation: At least one year of continuous cohabitation is required.
Exceptions: If the couple has children together, the one-year requirement is waived, and proof of the relationship and the child’s birth is sufficient.
Accepted evidence: To ensure approval in these cases, it is important to provide strong evidence such as joint lease agreements, shared bank accounts, historical address registrations, or notarized statements.
Procedure to Apply for the EU Family Residence Card
The application must be submitted at the Immigration Office in the province of residence.
Processing time: The legal timeframe is 3 months.
Validity: The initial card is valid for 5 years. After that, you may apply for a permanent EU family residence card (10 years).
Since this authorization covers a wide range of family members dependent on the EU citizen, it is advisable to consult an immigration lawyer to determine whether your case qualifies, whether you meet the requirements, and which documents are needed.
Frequently Asked Questions about the EU Family Residence Card
What happens in case of divorce or termination of a registered partnership?
The EU family member may retain their residence rights if the marriage or partnership lasted at least 3 years (including at least 1 year living together in Spain). Otherwise, they must switch to a residence permit under the general immigration system.
How much is the application fee?
The fee for issuing the EU family residence card usually ranges between €15 and €20, depending on annual updates set by the administration.
Does the EU family residence card allow you to work?
Yes. This is one of the main advantages of this permit. Even if the physical card does not explicitly state it, the holder has full rights to work as an employee or self-employed under the same conditions as Spanish citizens.
What happens if my family situation changes after obtaining the card?
People who obtained the EU family card through marriage or a registered partnership often ask what happens if they divorce or end the relationship.If you are a foreign national who has lost your EU family residence status due to divorce or cancellation of a registered partnership, you may apply for a residence and work permit, either as an employee or self-employed.
It is important to note that there are two possible scenarios depending on when the divorce or cancellation occurred.
If it happens before 3 years of marriage: you must switch to the general immigration system. There are exceptions, such as the death of your partner (for more information, you can consult one of our lawyers).
If it happens after 3 years of marriage: you may retain your EU family residence card.
Who qualifies as extended family members?
This category, referred to in the Directive as “other family members,” includes individuals who are not covered under the standard definition of family members but whose rights may be recognized by Member States. This includes any relative, regardless of nationality, who in their country of origin depends on or lives with the EU citizen exercising their right of residence, or who requires personal care from the EU citizen due to serious health conditions. It also includes partners in a stable, well-documented relationship.
Other extended family members: siblings, grandchildren, grandparents, cousins, uncles, and nephews.
In these cases, it must be proven that these relatives have been financially dependent on the Spanish resident for at least the last 24 months.
If you are looking for other ways to obtain residence in Spain, you can explore these options