EU Family Member Residency in Spain: 2024–2025 Legal Changes & Step-by-Step Guide
Expat Tips
Published: 23 August 2023 19:29 CET
Updated: 14 April 2025 16:39 CET
EU Family Member Residency in Spain – Updated for 2024–2025
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 latest rules, procedures, and benefits for 2024 and 2025.
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 full 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 — new rules allow this if you’ve lived together for a year or share a child
- Dependent child under 21 (or under 26 if the EU citizen is Spanish)
- Dependent parent — automatic eligibility if aged 80+ and Spanish citizen is the sponsor
- Other relatives — in special humanitarian or dependency situations (e.g. disability, cohabitation)
New in 2024: A reform passed in November 2024 (RD 1155/2024) gives more rights to family members of Spanish citizens, with a clearer 5-year permit route and expanded definitions of “family.”
Unregistered Partners Explained
Spain now recognises stable partnerships even without formal pareja de hecho registration. Cohabitation of 12 months or having a child together typically proves the relationship. This is aligned 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
- Free travel across the EU/Schengen zone for short stays
- 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 still require local registration depending on the country.
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” means having more than the amount used to qualify for non-contributory pensions in Spain — typically over €6,000/year for individuals (adjusted by family size).
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.
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Required Documents
Bring originals + photocopies:
- Completed EX–19 application form (2 copies)
- Valid passport (all pages)
- Proof of family relationship (e.g. marriage certificate, birth certificate)
- 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 €12 fee paid at the bank
- (Optional) Padron certificate showing shared address
Documents from outside Spain must 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-English 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. In 2024–2025, processing times are improving under the new digitalisation reforms. Once approved, you’ll be fingerprinted and receive your residence card (“TIE”) 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.
Can You Keep the Card After Divorce or Death?
Yes — in most cases. If you were married for at least 3 years (1 in Spain), you can keep the card post-divorce. Parents with custody, victims of abuse, or long-term partners with shared children can also keep residency.
If the EU citizen dies, the family may retain residency if they lived in Spain for at least a year together.
Rules for Long-Term Partners
Long-term partners with shared children or proof of a stable relationship typically retain residency upon separation. Each case is assessed individually by immigration.
Validity & Renewal
The initial card 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 require proving income again. You only need to show continued residence in Spain during the initial five-year period.
Recent Legal Updates (2024–2025)
- New 5-year permit specifically for Spanish citizens’ non-EU family
- Age cap raised to 26 for dependent children (if sponsor is Spanish)
- Unregistered partners now explicitly included in law
- Applications can now be partially filed online in some regions
Online Application Expansion
Some regions now allow partial online submission of the EX–19 through regional electronic offices, reducing processing delays. A digital certificate is 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 2024–2025 reforms, the process has become clearer, especially for partners and relatives of Spanish citizens. 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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