Married to or partner of a Spaniard: how to get residence in Spain

If you are married to a Spanish citizen or are their partner, you are entitled to a five-year residence permit that allows you to work, and you can apply from inside Spain. Since 2025 this case has its own rules — temporary residence for family members of Spanish nationals — and is no longer handled under the EU citizens regime.

See articles 93 to 99 of the Immigration Regulation (Royal Decree 1155/2024), amended in April 2026.

Who can apply

Article 94 requires, in every case, living together with the Spanish citizen. As spouse or partner there are three situations:

• Spouse, over eighteen, provided there is no divorce or annulment and the marriage is not one of convenience.
• Registered partner: registered in a public register of an EU State, the European Economic Area or Switzerland, with the registration not cancelled.
• Stable unregistered partner: someone who proves cohabitation akin to marriage for at least twelve continuous months, in or outside Spain. With a child in common, that period is not required.

The three are mutually exclusive: you cannot claim marriage to one person and partnership with another.

The same permit covers other relatives of the Spanish citizen: children under twenty-six or dependent, parents in certain cases, parents of Spanish minors and other dependent relatives. Parents have their own guide: residence as the parent of a Spanish or EU child.

What it gives you

• Five years of residence (or the Spanish relative's planned period of residence in Spain, if shorter).
• The right to work as an employee or self-employed, in any sector anywhere in Spain, with no further formality and no labour-market test.
• The possibility of reunifying your own relatives later.
• Priority processing. The permit procedure is free of charge; the card fee is payable.

Where and how to apply

It depends on where you both are:

• Both in Spain: either of you files at the Immigration Office (Oficina de Extranjería) of the province where you live. No visa and no need to leave.
• You abroad and your Spanish partner in Spain: they file at the Immigration Office and, once granted, you apply for the visa at the consulate.
• Both abroad: you apply directly for the visa at the Spanish consulate.

If you file in Spain, from admission you are provisionally authorised to reside and work until the decision, unless identical applications were refused before. The start-of-processing notice must say so.

Documents

From the Spanish relative:

• Valid DNI or passport.
• A declaration that they do not live in Spain with another spouse or partner.

Yours:

• Full, valid passport.
• Proof of the relationship: marriage certificate or partnership registration. Foreign documents must be legalised or apostilled and have a sworn translation.
• For stable partners: evidence of the relationship and time living together — joint padrón, rental contract, shared accounts — and, if any, the birth certificate of the child in common.
• Joint padrón registration proving cohabitation.
• Form EX-24 and card fee.

The updated list is on the family of Spanish citizens page.

Criminal records and public order

The permit can only be refused on grounds of public order, public security or public health, based on personal conduct. Previous convictions do not in themselves mean automatic refusal. One important exception: a stable unregistered partner and some other relatives must always prove they have no criminal record.

After the grant

1. Apply for the card (TIE) within one month of notification.
2. Notify the Immigration Office of changes of address, marital status or nationality.
3. Remember the permit depends on the relationship continuing: ceasing to live together is grounds for withdrawal.

If the marriage or partnership ends, or your Spanish relative dies, the Regulation provides for independent residence in certain cases so you are not left without a permit (article 99).

Common mistakes

• Applying for the EU family member card (form EX-19) when your partner is Spanish. That regime is for relatives of citizens of other EU States.
• A marriage celebrated abroad and not registered at the Spanish Civil Registry. Check before filing.
• Stable partners with little evidence of twelve months together.
• Not being registered on the padrón together.
• Letting the month pass for the card.

Frequently asked questions

My status is irregular. Can I apply without leaving Spain?

Yes. The Regulation allows the application to be filed here when you are both in Spain.

Can I work while it is processed?

Yes, if you filed in Spain: from admission you have provisional authorisation to reside and work. More in working while your application is pending.

We are neither married nor registered. Do we have an option?

Yes, as stable partners, if you can prove twelve consecutive months of living together or have a child in common. In that case you must provide a criminal record certificate.

Is my Spanish partner required to have a minimum income?

The article listing the requirements for spouses and partners sets no amount of financial means. "Dependent" relatives are different: they must prove that dependency.

I have an EU family member card from before 2025. Is it still valid?

Yes. Those who held it through their link to a Spanish citizen keep it while they meet the conditions, with no need to apply for the new permit.

Your next step

The free test tells you in minutes which documents you need depending on whether you are married, registered partners or stable partners. If you do not know how to prove cohabitation, ask Resi.