According to Royal Decree 240/2007, non EU nationals who are legally joined to an EU national may exercise his/her rights to enter and leave Spain and the rights of free movement, stay, residence and permanent residence in the country provided the following considerations:
- The spouse, except in the event of an agreement to annul or a declaration of annulment of the marriage or in the event of divorce or legal separation.
- The partner (equivalent to marriage) registered in a Public Register established for that purpose in an EU Member State or another state party to the Agreement on the European Economic Area which prevents the possibility of one person having more than one partner inscribed simultaneously.
In order to enter the country for a period of 3 months, the spouse of an EU citizen, who is not national of any of the countries of the EU, must show a valid passport to the Spanish authorities. A visa might be required as well if the spouse belongs to a State member outlined in the Regulation (EC) No 539/2001 of 15 March 2001.
Please note that if your spouse is in possession of a valid EU citizen family member residence card, which fully applies the Schengen Agreement, he/she will be exempted of applying for such visa, and will not be required an entry or exit stamp on his/her passport.
If you are looking forward to reside in Spain along with your spouse for a period exceeding 3 months, the current legislation foresees the possibility to do so by meeting certain requirements. In this regard, our Law Firm could be a good support and help for you. Our group of attorneys specialized in immigration Law are familiar with all the legal documents to be submitted, and in the event of any delay or problem, they have the necessary experience to sort them out.
The Law establishes that the spouse of a national of an EU Member State who is not a national of any of these may stay in Spain for a period exceeding three months, in which case a “EU citizen family member residence card” will be required.
The spouse must apply for such residence permit within three months of the date of entry into Spain. He or she must submit all the necessary requirements at the corresponding competent Authority, whether the Foreign Residents Office or police station, in which the family wish to remain or take up residence.
In general, the applicant shall submit the following documents for a residence permit for family member of an EU national:
- The applicant’s valid passport.
- Supporting documentation proving the family relationship, marriage or registered partnership giving entitlement to the permit, if necessary duly translated and legalized.
- Proof of financial means of support for both members of the couple.
This EU citizen family member residence card may be valid for 5 years from the issue date.
The spouse of a an EU Member State, who is not a non EU national, has the right to reside in Spain permanently provided that he/she has resided legally in Spain for a continued five-year period.
In the event of the death or departure from Spain of a citizen of the European Union Member State, or the annulment of marriage, divorce, legal separation or cancellation of registered civil partnership, shall not affect the right of residence of the spouse who is not EU/EEA citizen provided that he/she was resident in Spain as a family member prior to the aforesaid events.
You may contact and request our services and we will carefully analyze and discuss your case with one of our Spanish Immigration Attorney. You can call us to our telephone number or send us an email.