Permanent EU Citizen Family Member Residence Card

Permanent EU Citizen Family Member Residence Card

Family members of Spanish citizens, or citizens of another EU member country, or of a country that is party to the EEA Agreement or Switzerland, and that do not hold the nationality of any of the above countries, will have the right to reside in Spain on a permanent basis, insofar as they meet the following criteria.

The following are understood to be family members:

  1. Spouse, always insofar as there has been no annulment, legal separation or divorce.

2.Civil partner, with whom a similar relation to that of a spouse is maintained, the said partnership having been entered into a public registry in an EU member country, or in a country that is party to the EEA Agreement, always insofar as the said entry has not subsequently been cancelled, all of which will have to be sufficiently validated. Whatever the case may be, where there is a marriage the existence of a civil partnership will be considered incompatible.

3.- Direct descendants of either the EU citizen, or those of his/her spouse or civil partner, always insofar as there has been no legal separation, annulment or divorce affecting the marital relationship, or no cancelation of the entry of the civil partnership in the registry, and always insofar as such descendants are under twenty-one years of age or, being over that age, are either disabled or otherwise dependent thereon. Family members that are financially supported by the EU citizen, and are in need of material assistance to cover their basic needs, will also be understood as dependant.

  1. Direct ascendants of either the EU citizen, or those of his/her spouse or civil partner,and whoare dependent thereon, always insofar as there has been no legal separation, annulment or divorce affecting the marital relationship, or no cancelation of the entry of the civil partnership in the registry. Family members that are financially supported by the EU citizen, and are in need of material assistance to cover their basic needs, will also be understood as dependent.
  2. Any family member that, in the country of origin would be dependant or would be living with the EU citizen.
  3. Any family member who, as a result of serious problems of health or disability make it strictly necessary for the EU citizen to be responsible for his/her personnel care.
  4. Unregistered civil partners, with whom a stable relationship has been maintained, that can be duly demonstrated by validating the existence of a lasting bond.

Countries that are members of the European Union or party to the EEA Agreement:

Austria – Belgium – Bulgaria – Cyprus – Croatia – Czech Republic - Denmark – Eire - Estonia – Finland – France - Germany– Greece – Holland – Iceland – Latvia – Liechtenstein* - Luxembourg – Malta – Norway* – Poland – Portugal – Rumania - Slovakia – Slovenia – Spain – Sweden – Switzerland** – United Kingdom*

* States that are party to the EEA Agreement:

** Agreement between the European Community and the Swiss Confederation regarding the free movement of persons was reached on 21st June 1999,.

Criteria:

  1. Persons that can validate one of the following conditions:

CASE 1:Being a family member and having resided legally in Spain over an uninterrupted period of five years, as long as the family bond on which the initial right to residence was based has been maintained and the Spanish citizen, EU citizen, or citizen of a country that is party to the EEA Agreement,can meet one of the following conditions:

  • Being and having been in paid employment in Spain.
  • Being and having been self-employed in Spain.
  • Having sufficient financial means, both for themselves and their family members,not to become a burden on the public finances of Spain during their period of residency. They must also confirm that they have public or private health insurance, contracted either in Spain or in another country that during their residency will provide cover in Spain that is equivalent to that provided by the Spanish National Health System. The appraisal of sufficient financial means will be conducted on a case-by-case basis and will take into account both the applicant´s personal and family situation. Sufficient supporting documentation shall be considered in order to fulfil this requirement; if the possession of the applicant’s resources is higher than the annual amount indicated in the Budget of the Spanish state to establish the right to receive non-contributory benefit, bearing in mind the applicant´s personal and familiar situation.
  • Being and having been a student enrolled in a public or private centre, either recognized or funded by the Education Authorities, for studies or professional training, with public or private health insurance contracted either in Spain or in another country that provides complete coverage in Spain, and sufficient means for the applicant and for his/her family members not to become a burden to the Spanish Social Security system during their period of residence.

CASE 2:Persons that have been a resident in Spain, as a family member of an EU citizen who has either been in paid employment or self-employed, and that have acquired the right to permanent residence before the end of the said five-year residence period.

CASE 3:Persons that, in their own name, have maintained the right to residence under the EU citizen’s regime:

  • Following the death of the EU citizen whose family he/she is a member of, always insofar as the said family member was resident in Spain prior to the death of the holder of the said right.
  • Due to annulment or divorce, or cancellation of the entry in the case of civil partnerships, always insofar as one or more of the following conditions can be validated:
    • That the marriage or civil partnership has lasted for at least three years, prior to the start of legal proceedings for divorce, annulment of the marriage or cancellation of the registry entry, and at least one of those three years during residence in Spain.
    • Thatthe person has custody of the EU citizen’s descendants either on the basis of mutual agreement or granted as the result of a judicial ruling.
    • Due to the existence of particularly difficult circumstances, such as:
      • Having been the victim of gender-based violence during the marriage or civil partnership.
      • Having been subjected to human trafficking by the spouse or civil partner during the marriage or civil partnership.
    • As a result of accrediting the validity of the judicial ruling or mutual agreement between the parties that determines family visiting rights to the underage child resident in Spain.
    • Moreover, the family member will also have to meet one of the following conditions:
  • Being and having been in paid employment in Spain.
  • Being and having been self-employed in Spain.
  • Having sufficient financial means, both for themselves and their family members,not to become a burden on the public finances of Spain during their period of residency. They must also confirm that they have public or private health insurance, contracted either in Spain or in another country that during their residency will provide cover in Spain that is equivalent to that provided by the Spanish National Health System.
  • Being and having been a student and beingenrolled in a public or private centre, either recognized or funded by the Education Authorities, for studies or professional training, with public or private health insurance contracted either in Spain or in another country that provides complete coverage in Spain, and being in possession of an affidavit affirming that he/she has sufficient means to support both him/herself and his/her family and to avoid becoming a burden on the Spanish Social Security system during the residence.
  • CASE 4:Persons that areresident in Spain, as a member of the family of an EU citizen who has died during the course of his working life, prior to the acquisition thereby of a right to permanent residence, always insofar as one of the following circumstances concurs:
  • That the EU citizen had been resident, on an uninterrupted basis for at least two years at the time of death.
  • That death was due to an accident in the workplace or professional illness.
  • That the spouse of the EU citizen had been a Spanish citizen but had lost his/her Spanish nationality as a consequence of his/her marriage to the deceased.PMF Advocats will provide you with an updated list of the documents that you will have to present. You can acquire this list by calling 972 22 04 75 or by sending an email to:
  • Procedure:- Place of Submission: The Office of Immigration of the province in which the applicant resides, or the corresponding Police Station. Information on the address, phone nos. and office hours can be consulted at:- Should the Card Expire: The application will have to be submitted within the month prior to the expiry of the Residence Card, although submission of the application will also be possible during the three months following expiry, subject to the corresponding administrative sanction. A receipt slip vouching for the presentation of the application will be handed over, validating the legality of the applicant’s stay, until such time as the renewed Card has been handed over.Issuing the Card: The Residence Card will have to be issued within three months of the submission of the application. 
  • Validity of the Permanent EU Citizen Family Member Residence Card: This Card will be valid for ten years, following date of issue, and will be automatically renewable.
  • - Fee: 10.60 Euros, payment to be made prior to the issuing of the Permanent EU Citizen Family Member Residence Card.
  • http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html.
  • - Legal standing for Submission of the Application: the EU citizen, or citizen of a country party to the EEA Agreement, in person.

  • Permanent EU Citizen Family Member Residence Card

    Family members of Spanish citizens, or citizens of another EU member country, or of a country that is party to the EEA Agreement or Switzerland, and that do not hold the nationality of any of the above countries, will have the right to reside in Spain on a permanent basis, insofar as they meet the following criteria.

    The following are understood to be family members:

    1. Spouse, always insofar as there has been no annulment, legal separation or divorce.

    2.Civil partner, with whom a similar relation to that of a spouse is maintained, the said partnership having been entered into a public registry in an EU member country, or in a country that is party to the EEA Agreement, always insofar as the said entry has not subsequently been cancelled, all of which will have to be sufficiently validated. Whatever the case may be, where there is a marriage the existence of a civil partnership will be considered incompatible.

    3.- Direct descendants of either the EU citizen, or those of his/her spouse or civil partner, always insofar as there has been no legal separation, annulment or divorce affecting the marital relationship, or no cancelation of the entry of the civil partnership in the registry, and always insofar as such descendants are under twenty-one years of age or, being over that age, are either disabled or otherwise dependent thereon. Family members that are financially supported by the EU citizen, and are in need of material assistance to cover their basic needs, will also be understood as dependant.

    1. Direct ascendants of either the EU citizen, or those of his/her spouse or civil partner,and whoare dependent thereon, always insofar as there has been no legal separation, annulment or divorce affecting the marital relationship, or no cancelation of the entry of the civil partnership in the registry. Family members that are financially supported by the EU citizen, and are in need of material assistance to cover their basic needs, will also be understood as dependent.
    2. Any family member that, in the country of origin would be dependant or would be living with the EU citizen.
    3. Any family member who, as a result of serious problems of health or disability make it strictly necessary for the EU citizen to be responsible for his/her personnel care.
    4. Unregistered civil partners, with whom a stable relationship has been maintained, that can be duly demonstrated by validating the existence of a lasting bond.

    Countries that are members of the European Union or party to the EEA Agreement:

    Austria – Belgium – Bulgaria – Cyprus – Croatia – Czech Republic - Denmark – Eire - Estonia – Finland – France - Germany– Greece – Holland – Iceland – Latvia – Liechtenstein* - Luxembourg – Malta – Norway* – Poland – Portugal – Rumania - Slovakia – Slovenia – Spain – Sweden – Switzerland** – United Kingdom*

    * States that are party to the EEA Agreement:

    ** Agreement between the European Community and the Swiss Confederation regarding the free movement of persons was reached on 21st June 1999,.

    Criteria:

    1. Persons that can validate one of the following conditions:

    CASE 1:Being a family member and having resided legally in Spain over an uninterrupted period of five years, as long as the family bond on which the initial right to residence was based has been maintained and the Spanish citizen, EU citizen, or citizen of a country that is party to the EEA Agreement,can meet one of the following conditions:

    • Being and having been in paid employment in Spain.
    • Being and having been self-employed in Spain.
    • Having sufficient financial means, both for themselves and their family members,not to become a burden on the public finances of Spain during their period of residency. They must also confirm that they have public or private health insurance, contracted either in Spain or in another country that during their residency will provide cover in Spain that is equivalent to that provided by the Spanish National Health System. The appraisal of sufficient financial means will be conducted on a case-by-case basis and will take into account both the applicant´s personal and family situation. Sufficient supporting documentation shall be considered in order to fulfil this requirement; if the possession of the applicant’s resources is higher than the annual amount indicated in the Budget of the Spanish state to establish the right to receive non-contributory benefit, bearing in mind the applicant´s personal and familiar situation.
    • Being and having been a student enrolled in a public or private centre, either recognized or funded by the Education Authorities, for studies or professional training, with public or private health insurance contracted either in Spain or in another country that provides complete coverage in Spain, and sufficient means for the applicant and for his/her family members not to become a burden to the Spanish Social Security system during their period of residence.

    CASE 2:Persons that have been a resident in Spain, as a family member of an EU citizen who has either been in paid employment or self-employed, and that have acquired the right to permanent residence before the end of the said five-year residence period.

    CASE 3:Persons that, in their own name, have maintained the right to residence under the EU citizen’s regime:

    • Following the death of the EU citizen whose family he/she is a member of, always insofar as the said family member was resident in Spain prior to the death of the holder of the said right.
    • Due to annulment or divorce, or cancellation of the entry in the case of civil partnerships, always insofar as one or more of the following conditions can be validated:
      • That the marriage or civil partnership has lasted for at least three years, prior to the start of legal proceedings for divorce, annulment of the marriage or cancellation of the registry entry, and at least one of those three years during residence in Spain.
      • Thatthe person has custody of the EU citizen’s descendants either on the basis of mutual agreement or granted as the result of a judicial ruling.
      • Due to the existence of particularly difficult circumstances, such as:
        • Having been the victim of gender-based violence during the marriage or civil partnership.
        • Having been subjected to human trafficking by the spouse or civil partner during the marriage or civil partnership.
      • As a result of accrediting the validity of the judicial ruling or mutual agreement between the parties that determines family visiting rights to the underage child resident in Spain.
      • Moreover, the family member will also have to meet one of the following conditions:
    • Being and having been in paid employment in Spain.
    • Being and having been self-employed in Spain.
    • Having sufficient financial means, both for themselves and their family members,not to become a burden on the public finances of Spain during their period of residency. They must also confirm that they have public or private health insurance, contracted either in Spain or in another country that during their residency will provide cover in Spain that is equivalent to that provided by the Spanish National Health System.
    • Being and having been a student and beingenrolled in a public or private centre, either recognized or funded by the Education Authorities, for studies or professional training, with public or private health insurance contracted either in Spain or in another country that provides complete coverage in Spain, and being in possession of an affidavit affirming that he/she has sufficient means to support both him/herself and his/her family and to avoid becoming a burden on the Spanish Social Security system during the residence.
    • CASE 4:Persons that areresident in Spain, as a member of the family of an EU citizen who has died during the course of his working life, prior to the acquisition thereby of a right to permanent residence, always insofar as one of the following circumstances concurs:
    • That the EU citizen had been resident, on an uninterrupted basis for at least two years at the time of death.
    • That death was due to an accident in the workplace or professional illness.
    • That the spouse of the EU citizen had been a Spanish citizen but had lost his/her Spanish nationality as a consequence of his/her marriage to the deceased.
    • PMF Advocats will provide you with an updated list of the documents that you will have to present. You can acquire this list by calling 972 22 04 75 or by sending an email to: paumaso@ pmfadvocats.com
    • Procedure:- Place of Submission: The Office of Immigration of the province in which the applicant resides, or the corresponding Police Station. 
    • Should the Card Expire: The application will have to be submitted within the month prior to the expiry of the Residence Card, although submission of the application will also be possible during the three months following expiry, subject to the corresponding administrative sanction. A receipt slip vouching for the presentation of the application will be handed over, validating the legality of the applicant’s stay, until such time as the renewed Card has been handed over.
    • Issuing the Card: The Residence Card will have to be issued within three months of the submission of the application. 
    • - Fee: 10.60 Euros, payment to be made prior to the issuing of the Permanent EU Citizen Family Member Residence Card.
    • http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html.
    • - Legal standing for Submission of the Application: the EU citizen, or citizen of a country party to the EEA Agreement, in person.
    • Validity of the Permanent EU Citizen Family Member Residence Card: This Card will be valid for ten years, following date of issue, and will be automatically renewable.