Citizens of the European Union in Spain – Permanent residence

 

This section contains the conditions for the exercise of rights of entry and exit, free movement, stay, residence, permanent residence and work in Spain by citizens of other Member States of the European Union (Germany, Austria , Belgium, Bulgaria, Cyprus, Croatia, Denmark, Slovenia, Spain, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Slovak Republic, Romania and Sweden), of the remaining States party to the Agreement on the European Economic Area (Norway, Iceland and Liechtenstein) and of the nationals of the Swiss Confederation, as well as the limitations to the above rights for reasons of public order, public security or public health.

 

Permanent residence

The right to reside permanently are citizens of a Member State of the European Union or of a State party to the Agreement on the European Economic Area, and family members who are not nationals of one of these States, who have legally resided in Spain for a continuous period of five years.

Likewise, people in whom any of the following circumstances concur: before the end of the five-year period referred to above, they will have the right to permanent residence:

The self-employed or employed worker who, at the time they cease their activity, has reached the age provided for in Spanish legislation to access retirement with the right to a pension, when they have exercised their activity in Spain for at least the last twelve months and have resided in Spain continuously for more than three years.
The condition of duration of residence will not be required if the Union citizen is married or is a registered partner of a Spanish citizen or a citizen who has lost his Spanish nationality after his marriage or registration as a registered partner with the worker.
The employee who accesses early retirement, when he has exercised his activity in Spain for at least the last twelve months and has resided in Spain continuously for more than three years.
The condition of duration of residence will not be required if the Union citizen is married or is a registered partner of a Spanish citizen or a citizen who has lost his Spanish nationality after his marriage or registration as a registered partner with the worker.
The self-employed or employed worker who has ceased to carry out his activity as a result of permanent disability, having resided in Spain for more than two years without interruption.
It will not be necessary to prove any time of residence if the disability resulted from an accident at work or from an occupational disease that gives the right to a pension for which a body of the Spanish State is responsible, totally or partially, or if the citizen of the Union is married. or is a registered partner of a Spanish citizen or of a citizen who has lost his Spanish nationality after marriage or registration as a registered partner with the worker.
The self-employed or employed worker who, after three consecutive years of activity and continuous residence in Spanish territory, carries out his activity in another Member State and maintains his residence in Spain, returning to Spanish territory daily or, at least, once per week. For the exclusive purposes of the right of residence, periods of activity exercised in another Member State of the European Union will be considered completed in Spain.
For the purposes of what is contemplated in the previous sections, the periods of involuntary unemployment, duly justified by the competent public employment service, the periods of suspension of the activity for reasons beyond the control of the interested party, and the absences from the job or sick or accident leave will be considered as periods of employment.

Family members of a Spanish citizen or of another Member State of the European Union, or of another State party to the Agreement on the European Economic Area or of Switzerland, who do not hold the nationality of one of these States, resident in Spain, may obtain a card of permanent residence of a relative of a Union citizen if they prove that they have legally resided in Spain for a continuous period of five years, provided that the family bond for which the residence card was issued is maintained or if they maintain the community regime in the event of death, nullity of the marriage bond, divorce or cancellation of registration as a registered partner.

The members of the family of the self-employed or employed worker who reside with him in Spain will have, regardless of their nationality, the right of permanent residence when the owner

or worker has acquired this right for himself, being issued a permanent residence card of a relative of a Union citizen.

If the Union citizen had died in the course of his active life prior to acquiring the right of permanent residence in Spain, the members of his family who had resided with him in the national territory will have the right to permanent residence as long as when any of the following circumstances occur:

That the Union citizen, on the date of his death, had continuously resided in Spain for at least two years.
That the death was due to a work accident or professional illness.
That the surviving spouse had lost Spanish nationality as a result of the marriage with the deceased.

CERTIFICATE OF PERMANENT RESIDENCE OF A CITIZEN OF THE EUROPEAN UNION

The interested party, personally, must go to the Immigration Office of the province where he has his residence or, failing that, to the corresponding Police Station. Together with the application form (EX-18), he will present the following documents (original and copy) in all cases:

Valid and valid passport or identity document. If it is expired, a copy of it and the renewal application.
Document accrediting the payment of the fee for issuing the certificate.
Documentation accrediting the assumption by which permanent residence is accessed, except in the case of access to it due to having legally resided in Spain for a continuous period of 5 years, in which it is not necessary to provide additional documentation given that said circumstance It will be verified ex officio by the Immigration Office.
Once the fees have been paid, a certificate of the right to reside permanently will be issued to the citizen of the Union.

Note on the validity of foreign public documents: To check the necessary requirements related to the legalization and translation of foreign public documents, you can consult the information sheet of the General Secretariat for Immigration and Emigration.

 

PERMANENT RESIDENCE CARD OF FAMILY MEMBER OF EUROPEAN UNION CITIZEN

The family member, personally, at the Immigration Office of the province where he / she resides or, failing that, at the corresponding Police Station, must submit the application during the month prior to the expiration of the residence card, and may also submit within three months after said expiration date without prejudice to the corresponding administrative sanction.

The official model request (EX-19), in duplicate, duly completed and signed, will be accompanied as generic documentation by the following (original and copy):

Valid and valid full passport. If it is expired, a copy of it and the renewal application.
Documentation proving the existence of a family bond, marriage or registered union.
Three recent passport-size color photographs on a white background.
Document accrediting the payment of the fee for issuing the card.
In addition, in the event of being a relative of a community citizen who died in the course of his active life prior to access to the right of permanent residence, he must present:

Literal death certificate along with:
Certificate of registration of a citizen of the Union of the deceased, stating a minimum period of 2 years of continuous residence in Spain; or
Documentation proving that the death was due to a work accident or professional illness; or
Documentation proving that the surviving spouse was a Spanish citizen, having lost that nationality as a result of her marriage to the deceased community citizen.
Note on the validity of foreign public documents: To check the necessary requirements related to the legalization and translation of foreign public documents, you can consult the information sheet of the General Secretariat for Immigration and Emigration.

The issuance of the permanent residence card of a relative of a citizen of the Union must be carried out within the period of three months following the presentation of the application. Said card will be valid for ten years from the date of issue and will be automatically renewed.

Residency interruptions of no more than two consecutive years will not affect the validity of the permanent residence card.

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