Getting your own independent residence from a family permit

Key rules

• Spouse: A reunified spouse needs at least 2 years in Spain after separation or divorce, with no minimum for victims of gender violence.
• Timing: Apply while your family permit is still valid.
• Child: A child can apply at 18 with a job or means of support.

When you can get your own permit

You can move from a family permit to your own permit once set conditions are met. The conditions differ for spouses and children.

Spouse. After separation or divorce, you can apply once you have lived in Spain for at least 2 years, and you need a work contract or proof of means of support. Victims of gender violence have no minimum time. Other grounds also exist: a work permit you obtained during the reunification, or the death of your sponsor.

Child. You can apply when you reach 18 and show a job or means of support. You also need to have held residence for the period the current rules set, so check that period with the Oficina de Extranjería before applying.

Work route. A relative who has worked can sometimes get a work permit earlier through an employment-based route. Ask the Oficina de Extranjería whether this fits you.

This page covers family of non-EU residents. Family of Spanish or EU citizens follow different rules. Children born or raised in Spain have separate routes, such as arraigo for minors.

Which procedure to use

Apply to the Oficina de Extranjería of your province of residence. You can also apply electronically through the Mercurio platform. Use the official form for the independent permit.

Do it in this order

1. Gather your documents. The documents list below shows what to bring.
2. Pay the application fee and keep the proof.
3. Submit the application while your family permit is still valid. Do not wait until it expires.
4. Keep the receipt. It extends your stay while the case is decided.
5. When approved, collect your new TIE by appointment at the police.

Watch the deadlines

When a marriage ends or a sponsor dies, clocks start running. The warning below explains them. Act early.

Readers with questions about turning 18 or applying without separating will find them in the FAQ below.

Documents you need

• Your valid passport.

• Your current family permit or TIE (residence card).

• The official application form for the independent permit.

• Proof that you paid the application fee.

• Proof of where you live and how long you have lived in Spain, such as the padrón (town hall residents' register) certificate.

• Proof of the ground you rely on: a work contract or proof of means of support, a divorce judgment, or a protection order in cases of gender violence.

Deadlines that start running when a relationship ends

Deadlines that start when a relationship ends

• Your family card stops covering you when the marriage ends: If you hold a card as the family member of an EU citizen or Spaniard, the card no longer covers you as a dependant once the marriage ends. Waiting can leave you without a valid basis to stay. Report the divorce promptly to the Oficina de Extranjería or the police documentation office that issued your card. Bring the divorce judgment, the marriage certificate, proof of the marriage length, and proof of work or means and health insurance.

• Apply for your own permit while the family permit is still valid: If you came through family reunification with a non-EU resident, apply for your independent permit while your family permit is still valid. You need a separation or divorce and at least 2 years in Spain. Applying after expiry is only possible within a short window and can bring a sanction. Put the expiry date of your permit in your calendar and apply well before it. Ask the Oficina de Extranjería for the current time limits.

• After a sponsor's death, the clock runs from the death or the expiry date: If your sponsor dies, the time to regularise your status generally starts on the date of death or the date your family permit expires. Under the EU-style regime, apply to keep residence before your existing card expires. Contact the Oficina de Extranjería soon after the death to confirm your exact deadline, and bring the death certificate.

• Changes in your situation must be reported: Divorce, the end of a partnership, the sponsor's death or departure, and changes of address or civil status should be reported to the Oficina de Extranjería or the police. Not reporting, or giving false data, can lead to a fine, refusal of renewal or loss of the permit. Report the change as soon as it happens and keep proof that you did.

• If you have already missed a deadline: Missing a deadline can leave you in irregular status, which can lead to a fine and in some cases expulsion. Late renewal is allowed for a limited period after expiry, and it may bring a sanction but not necessarily a refusal. Apply immediately anyway. If that is not possible, ask a lawyer or the Oficina de Extranjería about other routes, such as arraigo (a permit based on social, family or training ties) or a permit for exceptional circumstances.

Exact deadlines changed with the newer regulation; confirm the current time limits with the Oficina de Extranjería before relying on them.

Frequently asked questions

Can my child get their own residence permit when they turn 18?

Yes, a child who came through family reunification can apply for their own permit on reaching 18, if they have the required period of residence and show a job or means of support. The exact period is set in the 2025 regulation, so ask the Oficina de Extranjería (the immigration office) before applying.

Can I get my own permit without separating from my spouse?

Yes, a reunified spouse can apply for their own permit after 2 years in Spain if they have a work contract or other means of support. Other grounds are a work permit obtained during the reunification and the death of the sponsor. If you have worked, an employment-based permit may also be possible earlier.

Do I stay legal in Spain while my independent permit is being decided?

Yes, once you submit the application in time, you receive a receipt that extends your stay while the case is resolved. Submit it while your current family permit is still valid. When approved, you book an appointment at the police to collect the new TIE (residence card).