Citizens of the European Union in Spain

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.

Basic regulations

  • Agreement on the free movement of persons between the European Community and its Member States, on the one hand, and the Swiss Confederation, on the other, of June 21, 1999 (Official Journal of the European Communities L114, of April 30, 2002) .
  • Regulation (UE) 2019/1157 of the European Parliament and of the Council, of June 20, 2019, on strengthening the security of identity documents of Union citizens and of residence documents issued to Union citizens and members of their families who exercise their right to free movement (Official Journal of the European Union L188, of July 12, 2019)
  • Directive 2004/38/CE, of the European Parliament and of the Council, of April 29, 2004, on the right of citizens of the Union and of their family members to move and reside freely in the territory of the Member States (Official Journal of the European Union L158 , of April 30, 2004).
  • Real Decreto 240/2007, of February 16, on the entry, free movement and residence in Spain of citizens of the Member States of the European Union and of other States party to the Agreement on the European Economic Area (BOE No. 51, of February 28).
  • Order PRE/1490/2012, of July 9, which dictates rules for the application of article 7 of Royal Decree 240/2007, of February 16, on entry, free movement and residence in Spain of citizens of the Member States of the European Union and of other States party to the Agreement on the European Economic Area (BOE no. 164, of July 10).
  • Order of February 7, 1997 which regulates the foreigner card (BOE no. 40, of February 15)

Area of ​​application
Royal Decree 240/2007, of February 16, regulates 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 previous rights for reasons of public order, public safety or public health.

The aforementioned conditions will also apply to family members of a citizen of the European Union or of another State party to the Agreement on the European Economic Area or Switzerland, whatever their nationality, when they accompany or meet with him, which are listed below relate:

To your spouse, as long as the agreement or declaration of nullity of the marriage bond or divorce has not fallen.
To the partner with whom he maintains a union similar to the conjugal one registered in a public register established for that purpose in a Member State of the European Union or in a State party to the European Economic Area or Switzerland, and provided that it has not been canceled said registration, which must be sufficiently accredited. The situations of marriage and registration as a registered couple will be considered, in any case, incompatible with each other.
To their direct descendants, and to those of their spouse or registered partner, provided that the agreement or declaration of nullity of the marriage bond or divorce has not fallen, or the registration of the couple has been canceled, those under twenty-one years of age, over that age who live in their charge, or incapable.
To your direct ascendants, and to those of your spouse or registered partner who live in your charge, provided that the agreement or the declaration of nullity of the marriage bond or divorce has not fallen, or the registration of the couple has been canceled.

To the members of your family who reliably prove at the time of the request that they are in any of the following circumstances:
That, in the country of origin, they are in his charge or live with him.
That, for serious health or disability reasons, it is strictly necessary for the Union citizen to take charge of the personal care of the family member.
The common-law partner with whom you have a proven stable relationship, agreed. In this case, it will be considered that it is a stable couple that proves the existence of a lasting bond. In any case, the existence of this bond will be understood if a time of marital coexistence of at least one continuous year is accredited, unless they have descendants in common, in which case the duly proven accreditation of stable coexistence will suffice.
Nationals of the Member States of the European Union and those to whom the community regime is applicable shall be governed by the legislation of the European Union, with Organic Law 4/2000, of 20 November, on the rights and freedoms of foreigners in Spain and their social integration, as well as the current regulations on the matter, in those aspects that could be more favorable to them.

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