When your family situation changes

It is for people who are considering, planning or carrying out a move to Spain. After reading, you will know what happens to your status when the relationship or the sponsor changes, and what to do and by when.

Start with "When your residence depends on your sponsor: what puts it at risk". It explains how job loss, non-renewal or a drop in income can affect dependants, and it is the base for the other pages.

From there, pick the page that fits your situation:

• Divorce or separation when you hold an EU-style family card
• Divorce or separation after family reunification
• Getting your own independent residence from a family permit
• Your residence if your spouse or sponsor dies
• Keeping your residence if you leave an abusive partner or sponsor

Support services for domestic violence, family tax and benefits, and lapsed status and appeals are covered elsewhere.

Key rules

• Independent permit wait: A reunified spouse can apply for an independent permit after separation or divorce once they have lived in Spain for at least 2 years, with no minimum for victims of gender violence.
• Permanent residence: A family member of an EU citizen who has 5 years of continuous legal residence keeps their residence even if the citizen leaves.
• Marriage length: After a divorce, a non-EU spouse of an EU or Spanish citizen can keep residence if the marriage lasted at least 3 years, with at least 1 year in Spain, before the proceedings began.
• Main risk: The risk shows up mainly at renewal, when your sponsor's job, income and housing are checked again.
• Own-name route: Apply for a permit in your own name before your current one expires, or within the grace periods.
• Separation: Living apart without a court ending the marriage does not cancel your card.

When your family situation changes: the whole process, step by step

• Find out whether your residence depends on your sponsor, and what puts it at risk: As soon as your sponsor's job, income or permit is in doubt, and before your own permit expires.

• If you hold an EU-style family card and the marriage ends, report the divorce and prove you still qualify: Promptly after the divorce, and at the latest when the card is renewed, because the card stops being valid for you once the marriage ends.

• If you came through family reunification and separate or divorce, apply for your own permit: After 2 years of living in Spain, and while your family permit is still valid or shortly around its expiry.

• Plan the move to an independent permit or another residence route in your own name: Before your current permit expires, or within the grace period the rules allow.

• If your spouse or sponsor has died, apply to keep your status: Before your existing card or family permit expires, counting from the date of death or the permit's expiry date.

• If you are leaving an abusive partner or sponsor, ask about protection for your residence: Straight away, with no minimum time in Spain required.

Exact deadlines changed with the 2024 rules; confirm the current figure with your Oficina de Extranjería before relying on any date.

Documents you may need

Income and work

• Recent payslips of your sponsor — When your residence depends on your sponsor: what puts it at risk

Other documents

• Your marriage certificate from the Registro Civil — Divorce or separation when you hold an EU-style family card
• Proof of at least 3 years of marriage — Divorce or separation when you hold an EU-style family card
• Proof that you work or have enough money — Divorce or separation when you hold an EU-style family card
• The official application form for the independent permit — Getting your own independent residence from a family permit
• Proof that you paid the application fee — Getting your own independent residence from a family permit
• Proof of where you live and how long you have lived in Spain — Getting your own independent residence from a family permit
• Proof of the ground you rely — Getting your own independent residence from a family permit
• Death certificate of your spouse or sponsor — Your residence if your spouse or sponsor dies

Each article lists the other documents it asks for, where you need them.

When your family situation changes: questions that cross several articles

Does my family permit end if my sponsor's permit is not renewed?

Yes, if you hold a family permit through a non-EU resident, it generally cannot be renewed once your sponsor's permit lapses. Move to a permit in your own name before it expires. Read When your residence depends on your sponsor: what puts it at risk, then Getting your own independent residence from a family permit.

Will my sponsor's income be checked again when I renew?

Yes, on renewal of a family reunification permit the sponsor's job or means and housing are generally checked again. Expect to show recent payslips, a tax return or a work contract. If you have your own permit or work, your own situation is assessed instead.

What happens to my residence if my EU or Spanish spouse leaves Spain?

If your spouse is an EU citizen and leaves Spain or stops meeting the residence conditions, your right generally ends and the card can be withdrawn. You keep it if you already have 5 years of continuous legal residence. Read When your residence depends on your sponsor: what puts it at risk and Divorce or separation when you hold an EU-style family card.

Can I keep residence after divorce if I came through reunification rather than with an EU-style card?

Yes, you can apply for an independent permit once you have lived in Spain for at least 2 years, with no minimum for victims of gender violence. The EU-style card follows different conditions, including a marriage of 3 years with 1 year in Spain.

Which routes to my own residence exist when my sponsor's status ends?

You can use an independent permit, long-term residence after 5 years, a work permit with a job offer, or arraigo (residence based on ties to Spain). Apply before your current permit expires. Read Getting your own independent residence from a family permit and Your residence if your spouse or sponsor dies.