Your child turns 18 or 21 during a family process

Key rules

• Age limits: Under reunification by a non-EU resident a child must be under 18, while under the EU-style regime the limit is 21, and older children qualify only if dependent.
• Filing time: File before the family permit expires; if it has already expired, file within 90 days.
• Rights while waiting: A family permit stays valid while an application filed on time is pending.
• Proof: Under the EU-style regime, keep proof of financial dependence from before your child turns 21.

What changes, and when

Your child's birthday does not cancel their permit. But it changes the conditions for keeping it, and the rules depend on which route your family is under.

• Family of a non-EU resident (reunification): the child must be under 18 to qualify as a dependent child.
• Family of an EU or Spanish citizen (EU-style regime): the limit is 21. Older children qualify only if they are still financially dependent on the sponsor.

Check which regime applies before anything else. The rest of this page depends on it.

Reunified by a non-EU resident: turning 18

Your child keeps the family permit until it expires. They can then apply for their own independent permit. To qualify, they normally need to have lived in Spain for a set period, or to have a work offer or enough means to support themselves. A child who arrived as a minor, or who was born in Spain, may have a special route. Ask the Oficina de Extranjería about it.

Apply before the family permit expires. Do not wait until it lapses. In practice, you can usually file in the months before or just after the 18th birthday. If the permit has already expired, a late application is possible within 90 days after expiry. While an application filed on time is pending, the family permit stays valid and your child's rights continue.

If your child is studying, they can instead move to a student permit (estancia por estudios). The same timing applies: apply before the current permit expires, or within 90 days after.

EU-style regime: turning 21

Until 21, your child is a family member with no dependency test. From 21, they keep that status only if they still depend financially on the EU sponsor or the sponsor's spouse or partner. They must show this when they renew the card or apply for the permanent card.

Start collecting proof well before the birthday. Bank transfers from the sponsor are a typical example. Offices differ on which proofs they accept, so ask yours first.

If dependence cannot be shown, your child needs another route. This can be their own permit as a worker, student or self-employed person. If they have enough years of legal residence, a long-term residence route may be open.

Do it in this order

1. Find the expiry date on your child's current permit or card.
2. Confirm which regime applies.
3. Gather proof: length of residence or a work offer (reunification), or financial dependence (EU-style).
4. File before the expiry date.

The timeline, checklist and planner below set out the steps and dates. The 2025 immigration regulation changed several family and student rules, so confirm the details for your child's case with the Oficina de Extranjería before you file.

Timeline and deadlines

• Keep your rights while the application is pending: from the day an on-time application is filed until it is decided

The exact filing window varies by office and the 2025 rules changed some details. Confirm it with your local Oficina de Extranjería.

Plan your child's status around ages 16, 18 and 21

Work rights start at 16 under both regimes. The big change comes at 18 for families of non-EU residents, and at 21 for families under the EU-style regime. Find your regime first, then use the dates below.

If a non-EU resident reunified your child

• Before 16: Work is prohibited, apart from limited cases such as artistic performances, which need authorisation.
• At 16: Your child can work as an employee or be self-employed without a separate work permit. The family authorisation already gives this right.
• In the year before 18: Prepare the independent permit application. Your child will need to show a set period of residence, or a work offer, or enough means. Collect proof of residence, any job offer and proof of income now.
• Around 18: This route only covers children under 18, so your child needs their own permit. File before the family permit expires, in the months before or just after the 18th birthday. A late filing is possible for a limited time after expiry, but do not plan on it.

The exact filing window and conditions for your child can differ, especially for children born in Spain or who held a residence permit as minors. Ask the Oficina de Extranjería that handles your file before the birthday.

If your child is under the EU-style regime

This covers children of EU, EEA or Swiss citizens and of Spanish citizens.

• Until 21: Your child counts as a family member with no dependency test.
• At 21: Your child keeps this status only if still financially dependent on the EU sponsor, or on the sponsor's spouse or partner. You must show this at the next renewal or when applying for the permanent card. Start gathering proof, such as money transfers and shared household costs, well before the birthday.

Offices differ on which proofs of dependency they accept. Ask yours which documents it wants before you gather them.

What to do now

1. Write down your child's 16th, 18th and 21st birthdays and the expiry date of the current card.
2. Start the next step at least six months before the date that applies to you.
3. Book an appointment at the Oficina de Extranjería early, since appointments can be slow to get.

Checklist

• Check which regime your child is under: family of a non-EU resident, or family of an EU or Spanish citizen.

• Under reunification by a non-EU resident, confirm how long your child has lived in Spain, or whether they have a work offer or means, to qualify for an independent permit.

• Under the EU-style regime, gather proof of financial dependence before your child turns 21, such as transfers or shared household costs.

• If your child is studying, prepare the student permit application (estancia por estudios) before the family permit expires.

• File the application before the family permit expires, not after it lapses.

• Ask the Oficina de Extranjería for the exact filing window and the proofs it accepts for your child's case.

Frequently asked questions

Does my child lose their permit the day they turn 18?

No, a child with a family permit under the general regime keeps that permit until it expires, even after turning 18. After that they can apply for their own independent residence permit if they have lived in Spain for the required period.

What happens to my child's card at 21 under the EU-style regime?

From 21, your child keeps family-member status only if they are still financially dependent on the EU or Spanish sponsor. Dependency must be shown at renewal or when applying for the permanent card. If it cannot be shown, they move to their own permit as a worker, student or self-employed person.

Can my child switch to a student permit after turning 18?

Yes, a student can move to a student permit (estancia por estudios), but the application must be filed before the current permit expires, or within 90 days after it expires. An application filed on time keeps the family permit valid and rights continuing while it is pending.

Is there a special route if my child was born in Spain?

Yes, children born in Spain or who held a residence permit as minors have special routes to an independent permit. Ask the local Oficina de Extranjería which route fits your child before the family permit runs out.