Sheet 63 - Permanent residence card of a family member of a European Union citizen

* The content of this page is for guidance only. Only the provisions of the regulations in force at the time of submission of the application are applicable.

*Important note:

A foreign person who has a family relationship with a person of Spanish nationality may go through the community family channel provided that he/she has exercised the right to free movement. To do this, you must submit the application in the official model EX19. Otherwise, you will have to present it through the official model EX24.

Last Updated: May 2025

Index of contents

  • Citizens to whom it applies
  • Basic regulations
  • Requirements
  • Exigible documentation
  • Procedure


 

CITIZENS TO WHOM IT APPLIES

Family members of a Spanish citizen or of another Member State of the European Union, or of another State party to the Agreement on the European Economic Area or Switzerland, who do not hold the nationality of one of these States, who meet the requirements described, shall be entitled to reside in Spain on a permanent basis.

Family members are understood to mean:

  1. To the spouse, provided that the agreement or declaration of nullity of the marriage bond or divorce has not fallen.
  2. Couple with whom they maintain a conjugal union registered in a public register established for this purpose in a Member State of the European Union or in a State party of the European Economic Area, and provided that such registration has not been cancelled, which must be sufficiently accredited. The situations of marriage and registration as a registered partner will be considered, in any case, incompatible with each other.
  3. To their direct descendants, and to those of their spouse or registered partner provided that the agreement or declaration of nullity of the marriage bond, divorce or the registration of the couple has been cancelled, under twenty-one years of age, over that age living in their care or incapacitated. It will be understood that they are in charge of those relatives whose financial support is provided by the citizen of the Union and they need material help to cover their basic needs.
  4. To their direct ascendants, and to those of their spouse or registered partner who live under their care, provided that the agreement or declaration of nullity of the matrimonial bond, or divorce, has not been reached, or the registration of the couple has been cancelled. Family members whose financial support is provided by the EU citizen and who need material assistance to meet their basic needs will be deemed to be in charge.
  5. Members of their family who in the country of origin had been in their care or lived with the citizen of the Union
  6. Members of their family who, for serious reasons of health or disability, it is strictly necessary for the citizen of the Union to have taken charge of their personal care
  7. To the unregistered de facto partner with whom he or she has a stable and duly substantiated relationship by proving the existence of a lasting bond
  • MEMBER STATES OF THE EUROPEAN UNION AND STATES PARTIES TO THE AGREEMENT ON THE EUROPEAN ECONOMIC AREA
      • Germany
      • Austria
      • Belgium
      • Bulgaria
      • Cyprus
      • Croatia
      • Denmark
      • Slovakia
      • Slovenia
      • Spain
      • Estonia
      • Finland
      • France
      • Greece
      • Hungary
      • Ireland
      • Iceland*
      • Italy
      • Latvia
      • Liechtenstein*
      • Lithuania
      • Luxembourg
      • Malta
      • Norway*
      • The Netherlands
      • Poland
      • Portugal
      • R. Checa
      • Romania
      • Sweden
      • Switzerland**

* States Parties to the Agreement on the European Economic Area.

** Agreement of 21 June 1999 between the European Community and the Swiss Confederation on the free movement of personnel.


 

BASIC REGULATIONS

  • Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.
  • Royal Decree 240/2007, of 16 February, on entry, free movement and residence in Spain of citizens of the Member States of the European Union and of other States parties to the Agreement on the European Economic Area.
  • Order PRE/1490/2012, of 9 July, laying down rules for the application of Article 7 of Royal Decree 240/2004, of 16 February, on the entry, free movement and residence in Spain of citizens of the Member States of the European Union and of other States parties to the Agreement on the European Economic Area.



 

REQUIREMENTS

  • Be able to prove one of the following assumptions:
  • CASE 1: be a member of the family and have resided legally in Spain for a continuous period of five years, provided that the family link which gave him the right to initial residence is maintained, and that the citizen of the Union, Spanish or another State party to the Agreement on the European Economic Area or Switzerland fulfils one of the following conditions:
  • Be and have been employed by others in Spain, or
  • Be and have been self-employed in Spain, or
  • Provide for themselves and family members sufficient financial resources so as not to become a burden for social assistance from Spain during their period of residence. You must also prove the possession of a public or private health insurance, contracted in Spain or in another country, that provides coverage in Spain equivalent to that provided by the National Health System. The assessment of the sufficiency of financial means will be made individually and, in any case, taking into account the personal and family situation. The possession of resources that are greater than the amount established each year by the Law of General Budgets of the State to generate the right to receive a non-contributory benefit will be considered sufficient accreditation for the fulfillment of this requirement. Or,
  • Be and have been a student and have been enrolled in a public or private center recognized or financed by the competent educational administration to pursue studies or professional training, as well as have a public or private health insurance contracted in Spain or another country that provides full coverage in Spain and responsible declaration that he has sufficient financial resources for himself and his family members not to become a burden for social assistance in Spain.
  • CASE 2: have resided in Spain as a member of the family member of a Union citizen who has been a worker or self-employed person, and has acquired the right to permanent residence before the end of the five-year period of residence.
  • CASE 3: have maintained the right of residence under the regime of Union citizens in their personal capacity:
    • For the death of the citizen of the Union, provided that the relative had resided in Spain, as a member of the family, before the death of the holder of the right.
    • For nullity of the matrimonial bond, divorce or cancellation of the registration as a registered couple, provided that any of the following assumptions is proven:
      • That the marriage or the status of a registered partner has lasted at least three years until the beginning of the judicial procedure of nullity of the marriage, of divorce or cancellation of the registration, and of which at least one year has passed in Spain; or
      • For having granted, by mutual agreement or judicial decision, custody of the children of the citizen of the Union; or
      • For the existence of especially difficult circumstances such as
        • Have been a victim of gender-based violence during marriage or the status of a registered partner; or
        • For having been subjected to human trafficking by his or her spouse or partner during the marriage or the status of a registered partner; or
      • For accrediting the validity of a judicial decision or mutual agreement between the parties that determines the right of visit of the relative, to the minor child, who resides in Spain
  • The family member must also meet one of the following conditions:
  • Be and have been employed by others in Spain, or
  • Be and have been self-employed in Spain, or
  • Have and have had sufficient financial resources for themselves and their family members not to become a burden for social assistance in Spain, and a public or private health insurance, contracted in Spain or in another country, that provides coverage in Spain equivalent to that provided by the National Health System, or
  • Be and have been a student and be enrolled in a public or private center recognized or financed by the educational administration to pursue studies or professional training, as well as have a public or private health insurance contracted in Spain or in another country that provides full coverage in Spain and ensure that you have sufficient financial resources for yourself and your family members so as not to become a burden for social assistance in Spain.
  • CASE 4: reside in Spain as a member of the family of a Union citizen, who dies in the course of his active life, prior to the acquisition of the right to permanent residence, provided that one of the following circumstances concurs:
  • That the citizen of the Union had resided continuously, on the date of death, for at least two years.
  • The death was due to an accident at work or occupational disease.
  • That the spouse of the citizen of the Union was a Spanish citizen and would have lost Spanish nationality as a result of the marriage with the deceased.


 

EXIGIBLE DOCUMENTATION

Note: in general, copies of the documents must be provided and the originals must be displayed at the time of submitting the application.

    • Application form in official model (EX -19), duly completed and signed by the family member of the Union citizen.
    • Full passport valid and valid for the family member. In the event that it is expired, a copy of it and the request for renewal must be provided.
    • A photograph a recent in color, on white background, card size.
  • Depending on the assumption:
  • SUPPOSITION 1:
        • Documentation accrediting the existence of a family link with the citizen of the Union or of the European Economic Area or Switzerland and continuing the same circumstances that gave the right to obtain a family card (being in charge, living with the citizen of the Union or being a stable domestic partner)
        • If you are the child of the citizen or of your spouse or partner over 21 years of age, documentation accrediting your status as a dependent or dependent family member and, where appropriate, documentation accrediting the availability of health care equivalent to that provided by the national health system
        • If you are a minor child and do not reside in Spain with both parents, documentation proving to be in charge or dependent of the citizen of the Union or of your spouse or registered partner
        • If he/she is an ascendant of the citizen or of his/her spouse or registered partner, documentation proving his/her status as a dependent family member and that there is a real situation of dependency, financial or physical, and, where appropriate, documentation proving to have health coverage
        • Depending on the activity of the Union citizen:
          • If the citizen is an employed person, he/she may provide any of the following documents:
            • Employment contract registered with the Public Employment Service.
            • Report of working life or consent to the verification of such data in the file of the General Treasury of Social Security
          • If the EU citizen is a self-employed person, he/she may provide any of the following documents:
            • Continued registration in the Census of Economic Activities
            • Continued registration in the Mercantile Registry
            • Document of discharge or status assimilated to discharge in the corresponding Social Security regime, or consent to the verification of such data in the files of the General Treasury of Social Security or the Tax Agency.
          • If you do not exercise labour activity in Spain, you must provide:
            • Documentation proving to have public or private health insurance, contracted in Spain or in another country, provided that you provide coverage in Spain during your period of residence equivalent to that provided by the national health system. Pensioners fulfil this condition by providing certification that they have health care at their disposal from the State receiving the pension.
            • Documentation that proves to have sufficient resources for him and his relatives for the period of residence in Spain. It may be accredited by any means of proof admitted in law.
  • SUPPOSITION 2:
        • Documentation accrediting the validity of the family link with the citizen of the Union or of the European Economic Area and continuing the same circumstances that gave entitlement to the family card (being in charge, living with the citizen of the Union or being a stable domestic partner)
        • If you are a child of a citizen of the European Union or of the European Economic Area or of a spouse or registered partner aged 21 or over, documentation proving your status as a dependent family member, that there is a real situation of dependency financially or physically and, where appropriate, to have health care equivalent to that provided by the national health system
        • If you are a minor child and do not reside in Spain with both parents, documentation accrediting your status as a dependent relative of the citizen of the Union or of your spouse or registered partner
        • If he/she is an ascendant of a citizen of the Union or of his/her registered spouse or common-law partner documentation accrediting his/her status as a dependent family member, that there is a situation of financial or physical dependence and, where appropriate, of having health care equivalent to that provided by the national health system.
  • Documentation accrediting that the Union citizen has acquired the right to permanent residence before the end of the five-year period.
  • SCENARIO 3:
        • Death certificate of the citizen of the Union, or judicial decision determining that the family member is a victim of gender-based violence or a victim of trafficking in human beings, or documentation accrediting the extinction of the family link and, where appropriate, judicial decision or mutual agreement on the right of the child to visit.
        • Depending on the activity carried out by the applicant:
          • If you are an employed worker, you can provide any of the following documents:
            • Employment contract registered in the corresponding Public Employment Service.
            • Report of the working life or consent for the verification of the data in the file of the General Treasury of Social Security.
          • If you are a self-employed worker, you can provide any of the following documents:
            • Continued registration in the Census of Economic Activities
            • Continued registration in the Mercantile Registry
            • Document of discharge or status assimilated to discharge in the corresponding Social Security regime or consent to the verification of data in the files of the General Treasury of Social Security or the Tax Agency.
          • If you do not exercise labour activity in Spain, you must provide:
            • Documentation accrediting the possession of a public or private health insurance, contracted in Spain or in another country, provided that it provides coverage in Spain during your period of residence equivalent to that provided by the national health system. Pensioners fulfil this condition by providing certification of having health care at the expense of the State receiving the pension.
            • Documentation that proves that he has sufficient resources for him and his family. It may be accredited by any means of proof admitted in law.
          • If you are a student, you must provide:
            • Enrolment of the public or private school, recognized or financed by the corresponding educational administration.
            • Documentation that proves to have public or private health insurance. You can provide a European health card with a validity that covers the period of residence and entitles you to receive the necessary health benefits
            • Responsible statement that you have sufficient resources for yourself and your family members. The submission of supporting documentation for participation in a European Union programme promoting educational exchange for students and teachers shall be considered sufficient for the fulfilment of these requirements.
  • SUPPOSITION 4:
      • Death certificate for EU citizens
      • Documentation accrediting that the citizen died in the course of his active life and, where appropriate, due to an accident at work or professional illness, or documentation accrediting that the spouse of the citizen had lost Spanish nationality as a result of the marriage with the deceased.

Important note: when documents are provided from other countries they must be translated into Spanish or co-official language of the territory where the application is submitted by a sworn translator.

List of sworn translators.

In the case of standard forms of the European Union, neither their translation nor their legalization will be necessary in accordance with the provisions of the Community regulations that protect them. For example: healthcare models S1, E109, E121, etc.

On the other hand, any foreign public document must be previously legalized by the Consular Office of Spain with jurisdiction in the country in which said document has been issued or, where appropriate, by the Ministry of Foreign Affairs, European Union and Cooperation, except in the case where said document has been apostilled by the competent authority of the issuing country in accordance with the Hague Convention of 5 October 1961 and unless said document is exempt from legalization under the International Convention.

Information on translation and legalization of documents.

PROCEDURE

  • Subject entitled to submit the application: the relative of a citizen of the Union or of another State party, personally or through representation.

Information sheet on legitimated subjects.

  • Place of presentation: 
    • In person, at the Immigration Office corresponding to the province in which the applicant resides, or otherwise at the corresponding Police Station.
    • Telematically, through the electronic headquarters of the Ministry of Territorial Policy and Democratic Memory (Mercurio).

Address information, telephone numbers and hours of service to the public.

  • In the event of expiration of the card, the application must be submitted within the month prior to the expiration of the residence card, and may also be submitted within three months without prejudice to the corresponding administrative sanction. A proof of proof of the presentation of the application will be delivered that is sufficient to prove the situation of legal stay until the delivery of the card.
  • The documentation to be provided in the application for the alien identity card can be consulted at the following link:

https://sede.administracionespublicas.gob.es/procedimientos/index/categoria/34

  • The issuance of the residence card must take place within three months following the submission of the application.
  • Validity of the residence card of a family member of a Union citizen: the card is valid for ten years from the date of issue and will be renewed automatically.