EU family member residence card in Spain: requirements and deadlines

The residence card of a family member of a Union citizen (tarjeta de familiar de ciudadano de la Unión) is the five-year residence for non-European relatives of a citizen of another EU State (or the European Economic Area) living in Spain. You must apply within three months of entry, and it lets you work on the same terms as Spaniards.

It is governed by Royal Decree 240/2007, not the general Immigration Regulation. One warning first: if your relative is Spanish, this is not your procedure; since 2025 family of Spanish citizens have their own permit, explained in married to or partner of a Spaniard.

Which relatives qualify

Article 2 of Royal Decree 240/2007 covers:

• The spouse, provided there is no annulment, divorce or legal separation.
• The registered partner in a public register of an EU or EEA State, with the registration in force.
• Direct descendants of the Union citizen and of their spouse or registered partner, under twenty-one, or older and dependent, or with a disability.
• Direct ascendants of the Union citizen and of their spouse or registered partner who are dependent.

Article 2 bis adds, on a case-by-case assessment, the so-called extended family:

• Other relatives who in the country of origin were dependent on the Union citizen or lived with them, or who need their personal care on serious health or disability grounds.
• An unregistered partner in a stable relationship: deemed proven with at least one continuous year of living together, or proven stable cohabitation where there are children in common.

What the Union citizen must meet

The relative's right depends on that of the European citizen, who to live in Spain for more than three months must be in one of these situations (article 7):

• Working as an employee or self-employed in Spain.
• Having sufficient resources for themselves and their family, and health insurance.
• Being enrolled at an educational establishment, with health insurance and sufficient resources.

The rule does not allow a single fixed amount of resources: personal circumstances are assessed. In practice, your relative first needs their Union citizen registration certificate, since it is one of the documents attached to your application.

Deadline and place

The application is filed within three months of the date of entry into Spain, at the Immigration Office (Oficina de Extranjería) of the province where you will live or, failing that, at the Police station. You are given a receipt on the spot proving lawful stay until the card arrives.

The card must be issued within three months of the application, and a favourable decision takes effect from the date you entered Spain as a family member of the Union citizen.

Documents

• Valid passport. If expired, a copy and proof that renewal was requested.
• Proof of the relationship: marriage, registered partnership or birth certificate, translated and apostilled or legalised where required.
• The Union citizen's registration certificate and their ID or passport.
• In "dependent" cases: proof of financial dependency.
• For extended family or unregistered partners: proof of cohabitation, dependency or health grounds.
• Padrón certificate, form EX-19, photograph and fee receipt.

The up-to-date list is on the EU family member card page. This procedure is filed in person.

Working with the card

Relatives covered by the regime may work as employees or self-employed on the same terms as Spaniards. The exception is those who obtain the card precisely because they are "dependent": descendants over twenty-one and ascendants.

What if the relationship ends

You do not automatically lose residence. Article 9 allows it to be kept in your own right in several cases. On divorce, annulment or cancellation of a registered partnership, one is that the marriage or partnership lasted at least three years, one of them in Spain. You must notify the Immigration Office of the change.

Permanent residence

After five years of continuous legal residence in Spain, the relative acquires the right of permanent residence, no longer subject to the initial economic conditions (article 10).

Common mistakes

• Letting the three months pass after entry.
• Filing without the Union citizen's registration certificate.
• Using this form when the relative is Spanish.
• Relationship documents without apostille or sworn translation.
• Not proving dependency for children over twenty-one and ascendants: transfers, expenses paid or other sustained evidence are needed.

Frequently asked questions

My partner is Italian and we are neither married nor registered. Can I apply?

Yes, as a stable partner under article 2 bis, if you prove a year of living together or stable cohabitation with children in common. The decision is individual.

Do I need a visa first?

It depends on your nationality and how you entered. If you are already in Spain, the card is applied for directly here.

What if I missed the three months?

File as soon as possible. The delay may lead to a fine, but it does not in itself extinguish your right as a family member.

Can I travel in Europe with the card?

With the card and your passport you can make short stays in other Schengen States; living or working in another country is governed by that country's rules.

Does this time count towards Spanish nationality?

Yes, it is legal residence. See the periods in nationality by residence.

Your next step

The free test distinguishes between the EU regime, family of Spanish citizens and reunification, and tells you which is yours. If you are unsure how to prove you are dependent on your relative, ask Resi.