Living on a residence permit that depends on your partner

Terms used

• Reagrupación familiar — Reagrupación familiar is the process by which a legal resident brings close family to live with them in Spain.
• Oficina de Extranjería — The Oficina de Extranjería is the local immigration office that handles residence permits for foreigners.
• Orden de protección — An orden de protección is a court order protecting a victim of domestic or gender violence.
• Arraigo — Arraigo is a residence permit for exceptional circumstances, based on ties built up over years in Spain.

Key rules

• Independent permit: A spouse or partner can usually ask for their own residence and work permit after 2 years in Spain.
• Work: Your family-reunification permit already lets you work, so you can start earning right away.
• Gender violence: You can apply for a permit with no minimum residence period, even without legal status.
• Separation: Separation or divorce does not cancel your permit; you can keep it until it expires.
• EU partner: If your partner is an EU citizen, a separate set of rules applies.

Why this situation is risky

When your permit hangs on your partner's, they hold more power in the relationship. They usually hold the permit and often the income too. That can make it harder to leave the relationship, or to leave the country, and it can trap people in abusive situations. You can build independence step by step, and some exits exist from day one.

You can work from the start

Your family-reunification permit (reagrupación familiar) already includes work authorisation. You do not have to wait to earn your own money, and your own income is the quickest way to reduce the imbalance.

Getting your own permit

A spouse or partner can usually ask for an independent residence and work permit after 2 years of residence in Spain. You apply through the Oficina de Extranjería, the immigration office.

Shorter routes exist in special cases:

• Separation or divorce: this does not cancel the permit you already have. You can keep it until it expires. If the marriage is dissolved and you have lived in Spain for at least 2 years, you can apply for the independent permit.
• Your partner dies: you can apply for an independent permit without waiting the usual 2 years.
• Gender violence: no minimum period applies. See the next section.

After 5 years of legal residence, a long-term residence permit is also an option. Arraigo, a permit for exceptional circumstances, may be available after several years in Spain. Your children can get their own status, for example at majority or after 1 year of residence.

If you are a victim of gender violence

You can apply for a residence and work permit even if you have no legal status. Do it in this order:

1. Get a protection order (orden de protección) from a court, or a Public Prosecutor report that indicates gender violence.
2. Apply to the Oficina de Extranjería or the Delegación del Gobierno.
3. You receive a provisional residence and work permit while the case is pending. It becomes definitive if the proceedings end in a conviction or confirm the violence.

Any sanction procedure for irregular stay is suspended. Your children are covered too. The 016 helpline is free and confidential, and legal aid is available.

If your partner loses their job or permit

Your partner losing their job does not cancel your permit. It keeps running for its own term. At renewal, your partner must still show enough income and housing.

The danger is your partner's permit lapsing without renewal. Then you generally cannot renew yours as a dependent. You would need your own route: independent permit, long-term residence or arraigo. Do not wait for a problem. Track your 2-year date and ask the Oficina de Extranjería early if your partner's situation changes.

If your partner is an EU citizen

Different rules apply. Your right of residence continues while your partner exercises their EU rights. After a divorce you can keep it if the marriage lasted at least 3 years, with at least 1 year in Spain, or in listed cases such as child custody or domestic violence. If your partner dies, you keep it if you had lived in Spain for at least 1 year before the death, and you must then show you work or have enough means.

The timeline, warnings and questions below cover the next steps.

Timeline and deadlines

• Start work if you wish: your family-reunification permit already includes work authorisation: from the day your permit starts

• Apply for an independent permit earlier if you are a victim of gender violence or your partner has died: at any time once the special case applies, with no waiting period

• Children apply for their own status: on reaching adulthood, once they have 1 year of residence, or in other cases the regulation lists

What to watch out for

• Your partner's permit and income give them more power: When you rely on your partner's permit and income, you have less financial independence and less bargaining power at home. Leaving the relationship or the country becomes harder, and in the worst cases you can be trapped in an abusive situation. Build your own income and savings early, and learn which independent routes exist for you. If you face violence, call the free, confidential 016 helpline and ask about legal aid.

• Your partner's permit lapsing can leave you without a route: If your partner's permit lapses and is not renewed, your permit generally cannot be renewed as a dependent permit. Losing a job does not by itself cancel your permit, but at renewal your partner must still show adequate means and housing. Keep your partner's paperwork, income proof and housing proof up to date. If renewal is at risk, ask the Oficina de Extranjería about your own work authorisation, a long-term residence permit or an arraigo (exceptional circumstances) permit.

• EU-citizen partners follow different rules: If your partner is an EU citizen, your right of residence continues only while they exercise their EU rights, such as working. Rules for keeping it after a job loss, divorce or death differ from the general regime. Ask the Oficina de Extranjería which regime applies to you before you assume any deadline or protection.

Outcomes depend on your permit type and the local Oficina de Extranjería, so check your own case with that office.

Frequently asked questions

Can I keep my permit if we separate or divorce?

Yes, separation or divorce does not cancel a permit you already hold, and you can keep it until it expires. You can then apply for an independent permit through the Oficina de Extranjería, the immigration office. If you are a victim of gender violence, no minimum period of residence applies.

Can I get an independent permit if my partner dies?

Yes, if your partner dies you can apply for an independent residence permit, normally with work authorisation, without waiting the usual period. You apply on the grounds of your partner's death. If your partner was an EU citizen, you keep your right of residence if you had lived in Spain for at least 1 year before the death, and you then need to show you are working or have enough means.

Can I work in Spain on a permit that depends on my partner?

Yes, if you came on a family-reunification permit, it already includes work authorisation from the start. You do not need to wait for an independent permit to take a job or work for yourself. Earning your own income is what makes leaving the dependency easier later.

Can I get a permit if I am a victim of gender violence and have no legal status?

Yes, a foreign woman who is a victim of gender violence can apply for a residence and work permit even without legal status. First get a protection order from a court, or a Public Prosecutor report that points to gender violence, then apply to the Oficina de Extranjería or the Delegación del Gobierno. You can call 016 for free, confidential help and legal aid, and your children are covered too.