Modification residence permit after divorce

Modification residence permit after divorce

Modification of Residence Permit in cases of divorce, dissolution of marital bond, dissolution of registered civil partnership, death and departure of Spain of the EU national.

If you have been living in Spain by means of a residence permit issued by a family member who is an EU national, and because of unexpected or recent events, you are no longer in possession of such permit because the relationship between you and the EU has been broken or no longer exist, the law offers you, a non-EU national, the opportunity of applying for a new residence permit.

There are many different residence permits and you may apply to one of them depending on your case or particular purpose or activity when staying in Spain. If you decide to start the application procedure, you will have to go through a demanding process in order to put all the right documentation together. In our firm, our specialized attorneys on this matter offer you the guidance and help that you need according to your situation in order to receive a positive answer from Spanish authorities.

You will be able to modify your residence status provided you are able to produce evidence of the following requirements for your specific situation:

  • Event of death of the EU national: you may apply for a residence permit in the Community if you have lived in Spain as a member of the family of the deceased EU national, prior to his/her death. The law recognizes to this respect a wife/husband, a registered civil partner and ascendants or descendants of the EU national.
  • Departure of Spain of the EU national: the law establishes that a residence permit in the Community will be granted for the children of the EU national and the parent when the children reside in Spain and are enrolled in an educational institution. This permit will be granted until the end of the studies.
  • Event of divorce, dissolution of marital bond or dissolution of registered civil partnership: in this regard, the law establishes that the spouse may keep his/her status as an EU resident by meeting one of the following requirements:

* Produce a document proving three years of marriage or registered partnership, prior to the start of the legal proceedings for annulment or divorce, or dissolution of registered civil partnership. Also, you must demonstrate that, in those three years, you resided at least one full year in Spain. * Submit a document stating that you have been granted the legal custody of the children of the EU national, whether if it is your ex-wife/ex-husband or former partner. * Produce a document proving especially difficult circumstances during marriage or registered partnership, such as being victim of trafficking and/or domestic violence. * Submit a court order or mutual agreement which governs the visitation rights of the minor children if they reside in Spain.

If you are able to prove any of the situations or cases abovementioned, then you may apply for one of the following residence permits:

  • Non-lucrative activity and residence status.
  • Future employee and residence status.
  • Self-employment and residence initial status.
  • Residence for specific activities.
  • Temporary residence permit for research work.
  • Residence and work situation of highly qualified professionals

Along with the documents abovementioned, in general, the authorities are entitled to require the following papers:

  • Passport.
  • Noncriminal record here in Spain or in any other countries of residence prior to your application.
  • A certificate proving that you have financial means to cost your expenses while living in Spain.
  • Employment contract, official company fiscal identity document, original certificates proving that the company is fully up to date in its tax and social security payments, if applicable.
  • A document stating a full description of the job and/or the company’s activity if applicable; a document proving that the future investment is sufficient to the development of such activity.

Depending on your case, may apply for one permit or another, thus make sure to count with a lawyer who actually understands your case and needs. Our Firm along with our staff of specialized attorneys will be ready to help you throughout the process.

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