What will happen to my Spanish residency if I get divorced?
If you have been Spanish residency because you are married to an EU citizen, what happens if you divorce - will you lose your right to live here?
If you have residency in Spain by being a family member of an EU citizen, you will have what’s known as the tarjeta de residencia de familiar comunitario.
One of the most common ways to get this is because you have married an EU citizen or you have a civil partnership or pareja de hecho with one.
But, what happens if you divorce your partner – will you still have the right to stay and live in Spain, even though your residency was granted based on being married to them?
READ ALSO: Civil union or marriage in Spain: which one is better?
Getting divorced is one of the most stressful things someone can go through and it can be 10 times more stressful if you’re worried about getting kicked out of the country you live in and have to think about moving elsewhere.
Thankfully, there are several rules in place so that you won’t automatically lose your residency if you divorce, however, there are several requirements you have to meet in order to be able to continue living in Spain legally.
READ ALSO - Q&A: Can EU nationals bring non-EU family members over to Spain?
The Spanish Immigration law 240/2007 Royal Decree states that you will be able to maintain your Spanish residency by being a family member of an EU citizen if:
- The marriage or civil partnership lasted at least 3 years
- Of these 3 years, a minimum of 1 year must have been in Spain
If you meet these requirements you can continue living in Spain after your divorce or dissolving of your civil partnership, using the original five-year residency card you were issued when you moved here.
When those five years are up, you simply have to renew the card and will be able to do so with no issues. Your new permanent residency card will not be dependent on being a family member of an EU citizen.
What do I have to do to change my status?
Once you have legally divorced or cancelled your civil partnership, both you and your ex-partner must inform the immigration authorities of their new relationship status.
This should be done as soon as possible - if you can within one month. Be aware that if more than three months have passed and you have not informed them, you will lose the right to renew your residency after the initial five-year card is up.
Another important point to be aware of is that depending on which region you live in, the authorities may consider that your civil partnership or marriage has already ended if you no longer live together and are registered at separate addresses on the padrón.
If more than three months have passed and this is the case, it’s important to contact a lawyer to find out what can be done and exactly when the authorities should be informed if you have only separated. If not, this could also prevent you from renewing your residency after the initial five years.
What if I don’t meet the requirements?
If you haven’t been married for more than three years or lived in Spain for at least one of those, you could lose your right to reside in Spain, but it won’t necessarily always be the case.
If you have filed for divorce or want to end a civil partnership after less three years, you may get to keep their residency if:
- If you have been a victim of domestic violence and can provide of this.
- You have a child with your partner and have custody of them.
- You have a child with your partner and do not have custody, but do have the right to visit your child who is living in Spain.
If none of these situations apply to you, unfortunately, you may lose your right to stay in Spain, however, it’s always worth contacting a lawyer and detailing your specific situation to see if an appeal can be made or there is another way you can stay.
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If you have residency in Spain by being a family member of an EU citizen, you will have what’s known as the tarjeta de residencia de familiar comunitario.
One of the most common ways to get this is because you have married an EU citizen or you have a civil partnership or pareja de hecho with one.
But, what happens if you divorce your partner – will you still have the right to stay and live in Spain, even though your residency was granted based on being married to them?
READ ALSO: Civil union or marriage in Spain: which one is better?
Getting divorced is one of the most stressful things someone can go through and it can be 10 times more stressful if you’re worried about getting kicked out of the country you live in and have to think about moving elsewhere.
Thankfully, there are several rules in place so that you won’t automatically lose your residency if you divorce, however, there are several requirements you have to meet in order to be able to continue living in Spain legally.
READ ALSO - Q&A: Can EU nationals bring non-EU family members over to Spain?
The Spanish Immigration law 240/2007 Royal Decree states that you will be able to maintain your Spanish residency by being a family member of an EU citizen if:
- The marriage or civil partnership lasted at least 3 years
- Of these 3 years, a minimum of 1 year must have been in Spain
If you meet these requirements you can continue living in Spain after your divorce or dissolving of your civil partnership, using the original five-year residency card you were issued when you moved here.
When those five years are up, you simply have to renew the card and will be able to do so with no issues. Your new permanent residency card will not be dependent on being a family member of an EU citizen.
What do I have to do to change my status?
Once you have legally divorced or cancelled your civil partnership, both you and your ex-partner must inform the immigration authorities of their new relationship status.
This should be done as soon as possible - if you can within one month. Be aware that if more than three months have passed and you have not informed them, you will lose the right to renew your residency after the initial five-year card is up.
Another important point to be aware of is that depending on which region you live in, the authorities may consider that your civil partnership or marriage has already ended if you no longer live together and are registered at separate addresses on the padrón.
If more than three months have passed and this is the case, it’s important to contact a lawyer to find out what can be done and exactly when the authorities should be informed if you have only separated. If not, this could also prevent you from renewing your residency after the initial five years.
What if I don’t meet the requirements?
If you haven’t been married for more than three years or lived in Spain for at least one of those, you could lose your right to reside in Spain, but it won’t necessarily always be the case.
If you have filed for divorce or want to end a civil partnership after less three years, you may get to keep their residency if:
- If you have been a victim of domestic violence and can provide of this.
- You have a child with your partner and have custody of them.
- You have a child with your partner and do not have custody, but do have the right to visit your child who is living in Spain.
If none of these situations apply to you, unfortunately, you may lose your right to stay in Spain, however, it’s always worth contacting a lawyer and detailing your specific situation to see if an appeal can be made or there is another way you can stay.
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