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Permanent EU residence permit

For family members of EU citizens who want to reside in Spain indefinitely.

Permanent residence as the family member of an EU citizen

It allows the family members of citizens of the European Union, the European Economic Area or Switzerland to reside in Spain indefinitely if they meet the requirements of the rules. As a general rule it is obtained after residing lawfully in Spain for a continuous period; in specific cases the right may be recognised earlier or in special circumstances.

The four cases

  1. Continuation of the family tie: having resided in Spain for five continuous years as the family member of an EU citizen, keeping the tie that gave rise to the residence.
  2. Early acquisition of the right: when the EU citizen acquires permanent residence before the five years are up, and you are their family member.
  3. Retention of the right in your own name: having kept the right of residence under the EU regime even though the initial situation has changed.
  4. Death of the EU citizen: being the family member of an EU citizen who died during their working life, before consolidating permanent residence, if certain circumstances apply.

  1. 1. Continuation of the family tie

    The most common case: it must be shown that the relationship with the EU citizen is still in force and that both have resided together in Spain for the required period.

    Documentation

    • Official EX-19 form, completed and signed.
    • The applicant's full passport in force.
    • Joint municipal registration certificate, historical and current.
    • The EU citizen's identity document (DNI or registration certificate).
    • Previous residence card.
    • Documentation proving that the family tie is still in force.

    Types of tie

    • Spouse: up-to-date marriage certificate, registered at the Civil Registry where applicable.
    • Registered partner: up-to-date certificate from the relevant register.
    • Unregistered partner: evidence of a stable relationship (cohabitation, children in common, etc.).
    • Children: proof of the relationship and, where applicable, of financial or health dependence.
    • Ascendants: proof of financial dependence or of the need for support.
    • Other family members: proof of dependence and cohabitation.

  2. 2. Early acquisition of the right

    The same general documentation, plus proof that the EU citizen has acquired permanent residence before the five years are up.

  3. 3. Retention of the right in your own name

    For situations in which the initial tie has ended but the family member keeps their right of residence.

    Situations

    • Death of the EU citizen after prior cohabitation in Spain.
    • Divorce or cancellation of the registered partnership after the minimum required duration.
    • Custody of children in common or visiting rights.
    • Particularly difficult situations, such as gender-based violence or trafficking.
    • Proof of employment, financial resources or student status with medical insurance.

  4. 4. Death of the EU citizen

    It gives access to permanent residence if the death occurs under certain conditions.

    Conditions

    • Continuous residence of the citizen in Spain for at least two years.
    • Death caused by an accident at work or an occupational disease.
    • Loss of Spanish nationality by the spouse as a result of the marriage.

    Documentation

    • The EU citizen's death certificate.
    • Documentation proving the circumstances of the death.
    • Where applicable, documentation relating to the loss of nationality.

Important considerations

  • Certificates must be up to date, normally no more than three months old.
  • Cohabitation and continuous residence are key elements in most cases.
  • Foreign documentation must be legalised or apostilled and translated.

Let’s discuss your case.

Tell us where you are and what you want to achieve. We will start by understanding which route makes sense for you.

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