Residency Rights after Divorce or Separation in Spain

Many people from outside the EU live in the country on a family visa because they are married to a local citizen or to someone who lives there legally. Their right to stay depends on that relationship, so a divorce or separation can put it at risk.

When the right to stay can be kept

• The marriage or registered couple lasted at least three years, with at least one year in the country
• After the split, the non-EU partner has custody of the children or has visiting rights set by a court
• The split happened because of domestic violence

In these cases the person has to act quickly and tell the immigration office which situation applies to them. If none applies, they have to apply for residence again through another route.

Other situations

• Permanent residence: after the residence card has been renewed for the first five years, a change in the relationship no longer affects the right to stay.
• Retirement: some people can get permanent residence earlier, for example if they reach pension age, have worked in the country for at least twelve months and have lived there for more than three years.
• Serious illness or disability can also allow exceptions.
• Work in another EU country after three years of work and residence in the country may still keep the right, under certain conditions.
• Death of the partner: the partner and children keep their right to stay.

What the service includes

• Checking your situation and whether you can keep your right to stay
• Collecting the papers and proof you need
• Preparing and filing applications or appeals (requests to review a decision)
• Representing you in talks or court cases, such as divorce or custody
• Help renewing your residence card or applying for permanent residence
• Explaining your rights and options along the way