Lawyers Marbella

Residence permit for citizens of the European Union

Citizens coming from a Member State of the European Union, as well as from Liechtenstein, Iceland, Norway (because they belong to the European Economic Area) or Switzerland and who wish to reside in Spanish territory for a period exceeding three months must apply for entry in the Central Register of Foreigners.

If the period of stay in Spain is less than three months, the only documentation required is the passport or identity card in force.
All citizens of any of the countries mentioned above have the right of residence in Spain for more than three months if they meet any of the conditions described below:

You are an employed person in Spain, or
You are a self-employed person in Spain, or
You have sufficient resources for yourself and your family members to support you during your period of residence. You are required to provide public or private health insurance, taken out in Spain or in another country, which provides coverage in Spain during your period of residence. The adequacy of the resources referred to in this point is based on the fact that resources greater than those established in the General State Budget Law are credited to receive a non-contributory benefit.

In addition, students registered in a public or private institution for study or vocational training who have public or private health insurance providing full coverage in Spain and a declaration stating that they have sufficient resources to maintain it for the duration of their stay will also enjoy this right.

Finally, a national of a Member State who is a family member of a citizen of the Union or of the European Economic Area, who fulfils one of the above conditions.
In the latter case, family members who do not hold the nationality of one of these States, when they meet or accompany a citizen who is in one of the above-mentioned situations and who wishes to stay in Spain for more than three months, will be obliged to apply for a residence card for a family member of a Union citizen.

Community legislation establishes that the family members included in this group are:

1. The wife, provided that there is no agreement or declaration of nullity of the marriage bond or divorce.
2. The couple with whom you have a marriage union analogous to the conjugal registered in a public register and, provided that such registration has not been cancelled.
3. The direct descendants or those of the spouse or registered partner who are under 21 years of age, over 21 years of age living in their care, or disabled.
4. The direct ascendants or of the spouse or registered partner, who are dependent on the community member.
The validity of the residence card of a family member of a European Union citizen will expire for absences of more than six months in one year, except for exceptions such as fulfilment of military obligations, studies, professional training, etc.

Permanent residence for EU citizens

Citizens of a Member State of the European Union or some of those who form part of the European Economic Area, as well as their family members who are not nationals of one of these countries who have resided in Spain for a continuous period of time, become holders of the right to reside permanently in Spanish territory.

It should be borne in mind that if the self-employed or employed person acquires the right of permanent residence, family members residing with him/her will be issued with the permanent residence card of a family member of a Union citizen.

In any other case, family members accrediting a continuous period of residence of five years will have to apply for the permanent residence card of a family member of a Union citizen, provided that the family relationship for which the residence card was issued or, in the event of death, annulment of the marriage bond, divorce or cancellation of registration as a registered partner, proof that the Community scheme continues to be maintained.

The card shall be valid for ten years from the date of issue and shall be automatically renewed.

Competence in the management of residence and work permits is vested in the General State Administration.

If you have any questions about any of these procedures, consult with Lawyers Marbella who will advise you on your situation individually.