Your residence if your spouse or sponsor dies

Key rules

• Act early: Your residence does not continue automatically after a death, so you must apply for the right permit.
• Two routes: The route depends on whether your sponsor was an EU or Spanish citizen, or a non-EU resident.
• Apply before expiry: Apply while your current card or permit is still valid, because a late application can bring a fine.

The short answer

You can usually stay, but you must apply. Your residence does not carry on by itself after a death. The route depends on who your sponsor was: an EU or Spanish citizen, or a non-EU resident. Start soon, and do not wait for your current card or permit to run out.

If your sponsor was an EU or Spanish citizen

You can apply to keep your residence if you were living with them in Spain and any one of these is true:

• They had lived in Spain for at least two years before they died.
• The death was caused by a work accident or an occupational disease.
• You are the spouse of a Spanish national.

You must also show that you meet the usual conditions. That means you work, are self-employed, or have enough money and health insurance. If you are an EU citizen yourself, the same conditions apply to you.

You apply at the Oficina de Extranjería (or a police station that handles foreigners' paperwork). You ask for a residence card as a person who keeps the right to reside. Normally you must apply while your current card is still valid.

If your sponsor was a non-EU resident

If you came to Spain through family reunification, you can apply for your own independent residence permit. Another option is a permit for exceptional circumstances. Spouses, children and other relatives can all use these routes. Children and other relatives may need to show means or work.

The current rules also keep the arraigo familiar route. It is for people with family ties to Spaniards.

You apply at the Oficina de Extranjería. Apply while your family permit is still valid, or very soon around its expiry. A late application is possible for a limited time after expiry, but it can bring a fine.

Deadlines

The clock usually starts at the date of death or the date your permit expires. Work out which comes first. Write down both dates now. The exact time limits have changed recently, so ask the Oficina de Extranjería for the current figures before you rely on any date. If your permit has already expired, apply at once.

What to bring

The documents below list what you need. In short, you need proof of the death, proof of your relationship, proof that you live in Spain, and proof of means or a job offer. The timeline and the FAQ below walk you through the order of steps.

Timeline and deadlines

• Note the date of death and the expiry date on your family card or permit: as soon as possible after the death

• If your sponsor was an EU or Spanish citizen, apply to keep your residence: before your existing card expires

• If your sponsor was a non-EU resident, apply for an independent or exceptional circumstances permit: while your family permit is still valid, or within a short period around its expiry

• If your permit has already expired, apply late: within the limited period after expiry, with a possible sanction

Deadlines changed with the 2025 rules. Confirm the current figures with the Oficina de Extranjería before relying on them.

Documents you need

• Death certificate of your spouse or sponsor.

• Proof of your relationship to the person who died, such as a marriage certificate.

• Proof that you live in Spain.

• Proof of means to support yourself, or a job offer.

Frequently asked questions

Do I keep my residence if my Spanish spouse dies?

Yes, if you were living with your Spanish spouse in Spain, you keep your residence as the spouse of a Spanish national.

Can I keep my residence if my EU partner died before two years in Spain?

Yes, but only if the death was caused by a work accident or an occupational disease. Otherwise, the EU citizen must have lived in Spain at least two years before the death, unless you were married to a Spaniard.

What can I apply for if my sponsor was a non-EU resident?

You can apply for your own independent residence permit, or for a permit for exceptional circumstances. If you have family ties to Spaniards, the arraigo familiar route may also fit you.

When should I apply to keep my residence after a death?

Apply while your current family card or permit is still valid, because late applications after expiry can bring a sanction. Do not wait for the card to run out.