EU Family Member Residency in Spain: 2026 Legal Changes & Step-by-Step Guide
Expat Tips
Published: 23 August 2023 12:02 CET
Updated: 11 February 2026 12:02 CET
(Updated for 2026)
If you're an EU citizen living in Spain and want to bring your non-EU spouse, partner, or family members to live with you, this guide covers the key rules, procedures, and benefits now in force following recent reforms.
What Is the EU Family Member Residence Card?
The Tarjeta de Residencia de Familiar de Ciudadano de la Unión is a residence card that allows a non-EU national to legally live and work in Spain as a close family member of an EU citizen. It grants residence rights, including access to healthcare, employment, and social services — as long as you're residing in Spain with your EU relative.
The card is initially valid for five years and can be upgraded to permanent residency afterward.
Who Can Apply?
You may be eligible if you're a non-EU:
- Spouse (married to the EU citizen)
- Registered partner (pareja de hecho)
- Unregistered but stable partner — recognised where you can prove a durable relationship (for example, cohabitation or a shared child)
- Dependent child under 21 (or older if dependent; in some cases up to 26 where the sponsor is Spanish)
- Dependent parent or other dependent ascendant
- Other relatives — in special humanitarian or dependency situations (e.g. disability, long-term cohabitation, serious health needs)
Recent regulatory changes (including Real Decreto 1155/2024) have clarified and, in some cases, expanded the definition of which family members of Spanish citizens and other EU nationals can qualify, and how dependency and stable partnerships are assessed.
Unregistered Partners Explained
Spain recognises stable partnerships even without formal pareja de hecho registration, provided you can evidence a durable relationship. This is assessed case by case but typically involves proving a period of cohabitation or having a child together, in line with EU Directive 2004/38/EC and Spain’s RD 240/2007 framework.
What Are the Main Benefits?
- Live in Spain legally with your EU family member
- Work in Spain without needing a separate work permit
- Travel freely for short stays across the EU/Schengen area
- Apply for permanent residency after 5 years
Free Movement Under EU Law
The residency card is recognised across the EU under Directive 2004/38/EC, making short-term travel in Schengen straightforward. Long-term stays in other countries still require local registration or permits, depending on national rules.
When Should You Apply?
You must apply within 3 months of arriving in Spain. If you’re already in Spain (on a visa or visa-free), apply before your 90 days run out. You’ll get a receipt (resguardo) proving you’re legally in Spain while the application is processed.
Income & Insurance Requirements
The EU sponsor must either be:
- Employed or self-employed in Spain (proof: contract, payslips, social security registration), or
- Financially self-sufficient with private health insurance covering the family
“Sufficient income” is assessed against the threshold used for non-contributory pensions in Spain, adjusted for family size. The exact euro amount changes over time with the State Budget, so you should always check the current figure; as a guide, it is generally a few thousand euros per year per household member rather than a fixed flat rate.
Understanding Sufficient Income
Authorities may request bank statements, savings documentation, pension statements, or proof of regular income. For self-sufficient applicants, private health insurance is essential unless the sponsor holds an S1 form or equivalent entitlement to public healthcare.
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Required Documents
Bring originals + photocopies (always follow the most recent checklist for your province):
- Completed EX–19 application form (2 copies)
- Valid passport (all pages)
- Proof of family relationship (e.g. marriage certificate, birth certificate, registered partnership)
- Copy of EU sponsor’s NIE/DNI and passport
- Proof of employment or financial means
- Proof of health insurance (private policy or S1 for pensioners)
- 3 passport-sized photos
- Modelo 790 / 012 form showing the relevant fee paid at the bank
- (Often recommended) Padrón certificate showing shared address
Documents from outside Spain must usually be apostilled or legalised and officially translated into Spanish.
Apostille & Translation Rules
Marriage and birth certificates from outside the EU usually require an Apostille under The Hague Convention. Non-Spanish documents must be translated by a sworn translator (traductor jurado) recognised by Spain’s Ministry of Foreign Affairs.
How Long Does It Take?
By law, you should receive your resolution within 3 months. Processing times vary by region, but digitalisation and new procedures are gradually improving delays. Once approved, you’ll be fingerprinted and receive your residence card (TIE) typically within 4–6 weeks.
Receiving the TIE Card
After approval, you must book a fingerprint appointment (toma de huellas). The TIE is usually ready 30–45 days later for collection at the designated police station.
Can You Keep the Card After Divorce or Death?
In many cases, yes. If you were married for at least 3 years (and at least 1 of those years in Spain), you may keep the card after divorce if you apply to preserve your right of residence. Parents with custody, victims of abuse, or long-term partners with shared children can also, in certain circumstances, maintain residency.
If the EU citizen dies, the family may retain residency if they lived in Spain together and meet the conditions in the relevant regulations.
Rules for Long-Term Partners
Long-term partners with shared children or clear proof of a stable relationship may retain residency upon separation, subject to the specific criteria and evidence requested by immigration. Each case is assessed individually.
Validity & Renewal
The initial card usually lasts for five years. After that, you can apply for permanent EU family residency valid for ten years.
Permanent Residency Route
Permanent status follows EU regulations and does not generally require proving income again. You mainly need to show continued lawful residence in Spain during the initial five-year period, within the permitted absence limits.
Recent Legal Changes
Recent reforms to Spain’s immigration regulations (including Real Decreto 1155/2024) have:
- Clarified and strengthened residence routes for family members of Spanish citizens
- Expanded recognition of certain dependent relatives and stable partners
- Aligned cohabitation and dependency criteria more clearly with the EU framework
- Supported further roll-out of digital procedures for some applications
Online Application Expansion
Some regions allow partial or full online submission of the EX–19 and supporting documents through regional electronic offices, which can reduce processing delays. A digital certificate is usually required. For help setting one up, see how to get a digital certificate in Spain.
Useful Links & Further Reading
Final Thoughts
The EU Family Member Residency Card remains one of the most flexible and generous residency options in Spain. With the recent reforms now in place, the process is clearer, especially for partners and relatives of Spanish citizens and other EU nationals. By preparing documents early, understanding the income rules, and following the EU legal framework, families can secure long-term residency with fewer complications.
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