Switching to the family-of-citizen regime after marrying an EU citizen or Spaniard

Terms used

• Tarjeta de familiar de ciudadano de la Unión — The tarjeta de familiar de ciudadano de la Unión is the residence card for family members of Spaniards and EU citizens.
• Oficina de Extranjería — The Oficina de Extranjería is the immigration office that handles residence permits and cards for foreigners in each province.
• Cita previa — A cita previa is an appointment you must book before visiting most public offices.
• TIE — The TIE is the physical foreigner identity card showing your residence status in Spain.

Key rules

• Who qualifies: Spouses and registered partners of Spaniards and of EU, EEA or Swiss citizens can switch, while the marriage remains valid.
• Timing: File before your current permit expires.
• Fee: Pay with form 790 code 012 and keep the proof of payment.
• Old permit: Your old general-regime permit is replaced when the new card is granted.
• Work: The card lets you work anywhere in Spain without a separate work authorisation.

Can you switch?

Yes, if you are the spouse or registered partner of a Spaniard or of an EU, EEA or Swiss citizen. Switching is optional, and it helps in most cases. The card is called the tarjeta de familiar de ciudadano de la Unión.

Your marriage must still be valid. It must not be annulled, and you must not be living apart in a way meant to get around the rules.

Who else is covered

The same regime also covers other relatives, but the conditions differ.

• Children under 21, or older children who depend on the sponsor, are covered. The same goes for your spouse's children.
• Parents who depend financially on the sponsor are covered. The same goes for your spouse's parents.
• For a Spaniard, the card covers the spouse or registered partner, children under 21 or dependent, and dependent parents.

Rules on dependent relatives and partners vary in detail, so confirm your case with your local Oficina de Extranjería.

Why it can be worth it

• The card is valid for 5 years and can be renewed.
• It lets you work as an employee or self-employed anywhere in Spain. You need no separate work authorisation and are not tied to a sector or region.
• Requirements are lighter than on the general regime. A Spaniard's spouse generally has no income test.
• Renewal is easier and protection against expulsion is stronger.
• After 5 years of continuous residence, you can get permanent residence under the EU regime.

Your rights last only while your spouse keeps qualifying and the marriage remains valid.

What happens to your current permit

Once the new card is granted, your old general-regime permit stops having effect. You get a new TIE under the new regime, and the old card is surrendered or cancelled. Your earlier time in Spain generally counts toward the five years for permanent residence.

How to apply

You apply in person at the Oficina de Extranjería or police station of your province. Book an appointment first (cita previa). Use form EX-19 and pay the fee with form 790 code 012.

File before your current permit or stay expires. You get a receipt when you file, so keep it. The decision is due within 3 months. You then collect the card and give your fingerprints at the police station.

Appointment systems and some forms differ by province, and some steps may have moved online. Ask your local office for its document list, because offices can ask for extra items. The documents list, timeline and checklist below give the full detail.

If you are weighing whether to switch, use the decision below.

Choosing between options

Should you switch to the family-of-citizen card or stay on your current permit?

• Switch to the family-of-citizen card: Your spouse is a Spaniard or an EU, EEA or Swiss citizen and the marriage is valid. The card lasts 5 years and can be renewed. It lets you work as an employee or self-employed anywhere in Spain without a work authorisation. A Spaniard's spouse faces no income threshold, and after 5 years of continuous residence you can get permanent residence.

• Stay on your current permit: The marriage is annulled, or you are separated in fact in a way that counts as fraud, so you would not qualify for the card. Also stay if you are not sure your family tie is covered; ask the Oficina de Extranjería first.

If you are legally married to a Spaniard or EU citizen and the marriage is valid, switch. Otherwise stay on your current permit until your situation changes.

Timeline and deadlines

• Gather your documents and pay the fee (form 790 code 012): before you book your appointment

• Book an appointment (cita previa) at the Oficina de Extranjería or police station of your province: as soon as your documents are ready, while your current permit is still valid

• Wait for the decision: within 3 months of filing

• Collect your new card and give your fingerprints at the police station: after the application is approved

Documents you need

• Completed EX-19 application form.

• Proof that you paid the fee, using form 790 code 012.

• Valid passport and a copy of it.

• Marriage certificate, or partnership registration, from the civil registry that issued it. If it was issued abroad, it needs an apostille (an official international stamp) or other legalisation.

• Sworn translation of the marriage certificate into Spanish, if it is in another language.

• The Spanish spouse's DNI (national ID card), or the EU spouse's registration certificate and passport.

• Proof of empadronamiento (the registration of your address with the town hall) for both you and your spouse.

• If your spouse is an EU citizen: proof that they work, or that they have enough funds with health insurance, or that they study. A Spaniard's spouse generally does not need income proof.

• If you apply for a parent or an adult child: proof that they depend financially on the EU citizen or Spaniard.

• Copies of your current permit and your TIE (residence card).

Checklist

• Confirm you are the spouse or registered partner of a Spaniard or an EU, EEA or Swiss citizen, and that the marriage is valid and not annulled.

• Gather every document in the documents list, including the apostille and sworn translation of a foreign marriage certificate.

• Pay the fee with form 790 code 012 and keep the proof of payment.

• Ask your local office for its document list and add any extra item it requires.

• Go to your appointment before your current permit expires and file the EX-19 form in person.

• Keep the receipt you are given at filing.

• Collect your new card and give your fingerprints at the police station once it is granted.

• Hand in your old general-regime card, which stops having effect when the new TIE is issued.

Frequently asked questions

Can my parents get the family-of-citizen card through my marriage?

Parents of a Spaniard are covered only if they depend on that Spaniard financially. The same applies to the dependent parents of an EU citizen and, in that case, to the parents of the spouse as well. Dependent parents need to show proof of dependency with their application.

Does my time on the old permit count toward permanent residence?

Yes, your earlier residence time is generally counted toward the 5 years needed for permanent residence under the family-of-citizen regime.

Can I keep the family-of-citizen card if my marriage ends?

No, the card of a Spaniard's spouse is only valid while the marriage is valid and has not been annulled. It is also lost if you are separated in fact in a way that is considered fraud. If your marriage is in trouble, ask the Oficina de Extranjería what happens to your status before you act.