Divorce or separation after family reunification

Key rules

• Minimum residence: You need at least 2 years of living in Spain before you can apply, with no minimum for victims of gender violence.
• Proof: You need the court judgment or approved agreement, plus proof of your residence in Spain.
• Timing: File while your family permit is still valid, not after it has expired.

Can you stay after a separation or divorce?

Yes, in many cases. If you came through family reunification, you can apply for an independent permit after a separation or divorce. The main test is how long you have lived in Spain. The exact length is in the key rules above and in the timeline below.

Victims of gender violence have no minimum time. If that is your situation, you can apply without waiting.

What you need to show

You need two things:

• The court judgment, or the approved agreement, that ends or separates the marriage.
• Proof that you have lived in Spain, such as your registration at your town hall and your current permit.

A separation or divorce that only exists between the two of you, with no court or approved agreement, is not enough.

Work or means of support

You may also be asked to show that you have a work contract or a means of support. Plan for this and gather your pay slips, contract or bank records before you apply.

Other situations that can give you your own permit

• Death of your sponsor. You may also be able to get an independent permit. The FAQ below covers this.
• A work permit obtained while reunified. This can open another route.
• Adult children. A reunified child who reaches adulthood can apply, if they meet the work or means conditions.
• Work history. A relative who has worked can sometimes get a work permit sooner through an employment-based route.

When to apply

Apply while your family permit is still valid. Do not wait for it to expire. Some rules allow a short window afterwards, but relying on that is risky. Start gathering documents as soon as the court process begins, so you are ready when the judgment arrives.

The 2024 immigration regulation may have changed the exact periods. Confirm the current deadline with your immigration office before you rely on a date.

Next steps

Follow the timeline below in order. If your marriage is ending, speak to a lawyer or the immigration office early, so your permit does not lapse during the court process.

Timeline and deadlines

• Reach 2 years of living in Spain (no minimum for victims of gender violence): before you apply for an independent permit

• Get the court judgment or approved agreement for your separation or divorce: before you apply

• Apply for your independent permit with the judgment and proof of residence: while your family permit is still valid, or within a short window after it expires

Frequently asked questions

Can I keep my residence if my sponsor dies?

Yes, if your sponsor dies, you may be able to get your own permit instead of losing your residence. Ask the immigration office which proof it wants in your case.

Can I get an independent permit without separating or divorcing?

Yes, if you have lived in Spain for at least 2 years and have a work contract or a means of support. Adult children can do the same once they reach the age of majority and meet the work or means conditions. A work permit obtained during the reunification is another ground.

What proof do I need for independent residence after a divorce?

You need the court judgment or the approved agreement, plus evidence that you have lived in Spain.