Independent residence authorisation after a tie with a Spanish citizen

For those who obtained residence through their tie with a Spanish citizen and that tie has come to an end.

Independent residence after the tie ends

For foreign nationals who obtained their residence in Spain through their tie with a Spanish citizen (partner, spouse, father or mother) and whose tie has ended through separation, divorce, death, a move abroad or situations of vulnerability such as violence. The rules allow residence to be kept independently: to go on living in Spain lawfully, work as an employee or self-employed, keep your municipal registration, access healthcare and, later on, renew or modify your administrative status.

Deadline

The application must be filed within six months of the event that ended the tie; meeting that deadline is essential so as not to lose rights.

In which cases

Death of the Spanish citizen with whom the tie existed.
Separation, divorce or the break-up of a registered partnership.
Children in common with custody or visiting rights in Spain.
The Spanish citizen moving abroad while the person remains in Spain.
Situations of gender-based, domestic or sexual violence, human trafficking or abandonment.

What must be proven

The situation giving rise to the application: divorce judgments, death certificates, court decisions, official reports or any other valid document. In some cases, also the previous cohabitation or the relationship with the children in common.

While the application is processed

While the application is in progress your lawful status in Spain is maintained: you can keep working and using public services.

If the requirements are not met or the deadline passes

Other legal alternatives exist to keep your residence; it is best to analyse the case as soon as possible to find the best solution.