Residency in Spain for Non-EU Citizens After Relationship Termination
12 Junio, 2024
As discussed in previous posts, one way to obtain residency in Spain is by being in a registered partnership or marrying a Spanish or EU citizen. However, this residency is directly linked to the relationship with the partner. So, what happens if this relationship ends?
Article 9 of Royal Decree 240/2007, dated February 16, outlines in section 4 the circumstances under which a non-EU foreign citizen can extend their residency permit in Spain despite the dissolution of their registered partnership or marriage.
In other words, it is common for a non-EU foreigner who obtained residency through the EU family member card to end their relationship but still wish to live in Spain.
If the registered partnership is canceled or there is a divorce, the right to maintain the EU family member card remains as long as:
- The couple has lived together for at least three years, with the period starting from the initiation of the divorce or partnership dissolution process, not from when the process is finalized. However, to activate this protection against expulsion, it is additionally required that the couple has lived together in Spain for at least one year.
- If there are children in common, the foreign citizen's residency permit will not be affected if they have been granted custody, whether by mutual agreement or by judicial decision.
- If the non-Spanish citizen does not obtain custody but is granted visitation rights, their residency authorization will not be affected by the separation, provided they reside in Spain.
- Lastly, the aforementioned provision allows for the retention of residency rights in Spain for the foreign citizen in "particularly difficult" circumstances. This includes:
- Victims of domestic violence during the partnership.
- Individuals subjected to human trafficking by their partner.
Foreign citizens in any of the situations mentioned must inform the administration of their intention to maintain their residency permit after the separation.
They have a three-month period from the dissolution of the partnership to do so.
Thus, the continuation of their residency is not automatic. The request must be made by submitting a status change form to the relevant immigration office.
All pertinent documentation must be provided to demonstrate that the foreign citizen is in one of the aforementioned situations.
