Non-EU family members of an EU citizen who plan to live for more than three months and up to 5 years in the EU need to apply for the EU family member card (Tarjeta de Residencia de Familiar de Ciudadano de la Unión).
What are the requirements?
Be a family member of an EU citizen
DNI or EU certificate, passport or any other proof of residence by the EU national
Proof of family relationship (birth certificate, marriage certificate)
The following requirements must also be met:
For legal partners, a marriage certificate or a certificate of civil partnership
For children and grandchildren, proof that they are under age of 21 or they are dependant
For parents and grandparents, proof of dependency.
For other family members, proof of dependency that requires personal care from the EU national or proof of living together for a period superior to 24 months in the country of origin
For non-married partners, proof of a long-term relationship (such as padrón, pareja de hecho or inscription to any other public register alongside the EU national)
Which documents should I provide? To apply for the EU Family card, you will have to present the following documents at the Immigration Office in the province where you reside or at the local police station by making an online appointment -cita previa-, within 3 months of the date of your arrival. A provisional document will be given to you to prove your legal stay until the official card is delivered to you.
Model EX-19 (2 printed copies), completed and signed by the non-EU family member
Valid Passport from the non-EU family member. In case it is expired, a copy must be provided alongside the renewal request
Document(s) proving the relationship with the EU national
If the third-country national is employed, he/she may provide any of the following documents:
Contract Declaration or Certificate of employment (from the employer) with the name and address of the company, as well as the tax identification and contribution account, or;
Employment contract registered at the Public Service of Employment -Servicio Público de Empleo-, or the confirmation of the contract and its conditions through the CONTRAT@ platform, or;
Social Security affiliation document
If the third-country national is self-employed, he/she may provide any of the following documents:
Registration in the census of economic activities, or;
Inscription in the Mercantile Registry, or;
Social Security affiliation document
If the third-country national is not employed, he/she must provide both documents:
Public or private insurance with coverage in Spain equivalent to that provided by the National Health System
Proof of sufficient means that show the applicant can sustain economically. The criteria will vary depending on the circumstances of the application, but as a general rule, a sustained source of income is accepted. The EU family member can provide sufficient economic means on behalf of the applicant, if needed.
The authorities should process the residence card within the 3 months after the application is submitted. If an application is rejected, the answer will be provided in writing stating the grounds for the decision and its implications.
Important note: when providing official documents from other countries, they must be translated to Spanish and apostilled (legalised). Additionally, any public document from the country of origin must be legalised at the Spanish consular office of the country of expedition. Standard forms from the EU are excluded from this requisite.
For information about the Age in Spain fixed price translation service see this guide: https://www.ageinspain.org/post/professional-services-to-help-you
What would happen to my residency permit in case of divorce from or death of my EU national partner?
If you divorce your EU partner, you will be able to keep your residency rights if you comply with one of the following requirements:
Your relationship was at least 3 years long before the start of the divorce process (at least one of these years spent solely in Spain)
If you are granted custody of your common child/children with the EU national.
If you were a victim of domestic violence during your union with the EU national, and there is a legal resolution in your favour that corroborates the situation.
If you are granted the right to visit your child/children in case their custody is held by the EU national and the child/children reside in Spain.
Upon renovating your EU family card, you will be granted a new residency card without the name of the EU national that granted you the right to apply for residency in the first place.
If your EU partner dies, you will keep all your residency rights in Spain. Neither you or other family members that were granted residency as EU family members of the deceased will see their rights affected by the death of the EU national. Once the EU family card expires, you will be able to apply for a permanent residency card.