If you hold a family reunification residence permit in Spain, your legal status currently depends on the family member who reunified you (the sponsor). This procedure lets you obtain an independent residence authorization in your own name — so your right to stay no longer hinges on the relationship or the sponsor’s permit. This page explains, in plain English, who qualifies, the timing, the documents, and what happens in the hardest situations: divorce, gender-based violence, the sponsor’s death, and children coming of age.
The legal basis is articles 16–19 of Organic Law 4/2000, EU Directive 2003/86/EC on family reunification, and articles 69 and 70 of Real Decreto 1155/2024 (the immigration regulation in force since 20 May 2025). This replaced the old rules in the now-repealed RD 557/2011.
Why independence matters
A reunification permit is linked to the sponsor and the family relationship — which creates real risk when life changes. If the couple separates, the sponsor loses status, or the sponsor dies, a dependent permit can collapse. An independent authorization is linked to you: you renew it in your own right, and depending on the route you take you can work as an employee, as a self-employed person, or hold non-lucrative residence. Moving to independent status is, for many reunified family members, the step that turns a fragile situation into a stable one.
Who can apply, and when
You qualify if you are a non-EU national holding a temporary residence authorization through family reunification (not the EU family regime), with no public-order issue, and you fall into one of the scenarios below. The right trigger depends on your role in the family and why you are becoming independent.
Reunified spouse or partner
A reunified spouse or partner can obtain an independent residence-and-work authorization after completing at least one year of reunification residence in Spain, provided they meet one of the economic conditions below. Beyond that baseline, three specific situations open the route:
- Separation, divorce, or end of the registered partnership — here you must show you lived in Spain with the sponsor for at least two years, plus the official document proving the relationship ended.
- Victim of gender-based violence (or violence in the family environment, trafficking by the sponsor, or the offence of abandonment) — proved by a Public Prosecutor’s report or a court protection order. This route has its own enhanced protection (see below).
- Death of the sponsor — proved by the death certificate.
In all of these (except the protected gender-violence route, which has no means test), you must have no debts with the tax authority or Social Security and meet one economic condition:
- Sufficient funds for non-lucrative residence — at least 400% of the IPREM, around €2,400 per month in 2026.
- One or more employment contracts paying at least the minimum wage (SMI).
- Meeting the requirements for self-employed residence and work.
Reunified children or dependents
A reunified child or dependent can obtain independent residence once they have resided in Spain for five years and meet one of the same economic conditions (employment, self-employment, or 400% of the IPREM). A practical point: if they have completed the five years, they don’t have to supply separate proof of it — the Immigration Office verifies it automatically.
Reunified ascendants (parents)
Ascendants don’t get a straightforward “independent card.” Instead they modify into another authorization category — residence and work as an employee or self-employed person, researcher, or highly qualified professional. Because these are often employer-driven, the applicant may be the employer rather than the family member, which changes who files and where. This scenario needs careful handling.
Enhanced protection for victims of gender-based violence
This route is treated differently, and more protectively. A reunified victim of gender-based violence can obtain the independent authorization from the moment the protection order or prosecutor’s report is issued — with no means test, no two-year requirement, and regardless of the abuser-sponsor’s situation. The authorization is unconditional, allows work without limitation, and is valid for five years. This connects closely with the dedicated residence permit for women victims of gender-based violence, and we handle these cases with a safety-first, confidential approach.
Documents
You generally submit copies and present the originals when filing. The core set:
- Form EX-02, completed and signed.
- Full copy of a valid passport or travel document.
- The document for your trigger: proof the relationship ended (separation, divorce, partnership cancellation); or a Public Prosecutor’s report or protection order in the gender-violence case; or the sponsor’s death certificate.
- Your economic proof: evidence of 400% of the IPREM for non-lucrative; the work contract(s) for employed status; or the self-employment documentation.
- Proof of the fee (model 790, code 052, heading 2.4 for spouses and children; for ascendants it depends on the authorization they modify into).
Children who have resided five years don’t need to evidence that period — it’s checked automatically. Foreign documents need apostille or legalization and a sworn translation where not in Spanish. The most common refusal drivers are filing under the wrong procedure (renewal vs modification to independent), inconsistent divorce-or-cohabitation timelines, and economic evidence that falls short of the threshold.
How to apply, and where
- Confirm the route — your scenario (time-based, divorce, gender violence, death) and your economic basis (funds, employment, self-employment).
- Assemble the file — EX-02, passport, the trigger document, and the economic proof, with apostilles and sworn translations sorted.
- File it at the Immigration Office (Extranjería) for your province, in person or online through the Mercurio platform, and pay the 790-052 fee. For ascendants whose employer applies, the competent office is the province where the activity takes place.
- Respond to any subsanación promptly.
- After a favourable decision, complete any effectiveness step and the TIE (below).
The reunified family member can usually file in person themselves — except for ascendants and work-based, research, or highly qualified routes, where the employer or business owner files (directly or through a representative).
Timeline, effectiveness, and the TIE
The resolution deadline is three months (for ascendants it depends on the authorization type); with no reply, the silence is negative — the application is understood as rejected, with notifications published in the Tablón Edictal Único or the electronic office.
If you applied through a work-based route (employed or self-employed), the authorization only becomes effective once you register with Social Security within one month of notification — a step that’s easy to miss and creates compliance problems if overlooked. Then, within one month of the grant, apply for the TIE at the Immigration Office or police station, with form EX-17, proof of fee, a passport-size colour photo on a white background, and (for a minor) evidence of representation.
How long the authorization lasts
The duration depends on how it’s granted:
- Granted at the renewal stage: the independent authorization allows residence and work with no limitation, valid for four years.
- Granted during an already-renewed authorization: it runs for the time remaining on that authorization.
- Granted for gender-based violence (or violence in the family environment): unconditional, with work allowed, and valid for five years.
What happens to the rest of the family
When the independent authorization is granted because the couple separated, or because of gender-based violence or a crime in the family environment, any other reunified family members keep their reunification residence — but they become dependent on the family member they live with. For families with children, the legal “anchor” shifts, and the household’s paperwork needs to stay consistent. Note too that once you hold an independent authorization, you can in time reunify your own family members if you meet the requirements (for ascendants, you generally need long-term residence first, unless you have dependent minor or disabled children).
How we help
The decisive call here is the route: renewal as a reunified family member, or modification to independent — and on which economic basis. Lexmovea confirms the correct procedure and scenario; structures divorce, gender-violence, and sponsor-death cases so they don’t fail on timeline or evidence; checks every apostille and sworn translation for consistency; prepares the EX-02 and the right 790-052 fee; files with Extranjería or through Mercurio; handles any subsanación; and guides the post-approval effectiveness and TIE steps. We work in English throughout, and we treat sensitive cases with a confidential, safety-first approach.
If you were reunified and want to stand on your own — by choice or because your circumstances changed — contact Lexmovea. Tell us your role in the family, your trigger, and your economic situation, and we’ll confirm the route and the exact plan.
Frequently asked questions
How do I switch from a reunification permit to independent residence?
You file form EX-02 for an independent authorization in your own name, selecting the correct scenario (one year of reunification plus an economic basis; divorce after two years’ cohabitation; gender-based violence; or the sponsor’s death) and providing the matching documents and fee. It’s filed with the Immigration Office for your province, in person or via Mercurio.
When can a reunified spouse apply?
After at least one year of reunification residence, if you meet an economic condition. If you’re applying because of separation or divorce, you instead need to show two years of cohabitation in Spain with the sponsor, plus proof the relationship ended. Gender-violence and sponsor-death cases follow their own triggers.
How much money do I need to show?
For the non-lucrative basis, 400% of the IPREM — about €2,400 a month in 2026. Alternatively, one or more employment contracts at the minimum wage, or meeting the self-employment requirements. The gender-violence route has no means test.
Does divorce affect my reunification permit?
It can, because that permit depends on the relationship. The solution is to apply for independent residence: as a spouse on the divorce ground, you show two years of cohabitation in Spain plus the document ending the relationship, and your economic basis.
What if I’m a victim of gender-based violence?
You can obtain an unconditional independent authorization from the moment a protection order or prosecutor’s report is issued — no means test, no two-year rule, valid for five years, independent of the abuser’s situation. We handle these cases confidentially and with safety first.
Can my reunified child apply independently?
Yes, after five years of residence in Spain and meeting one economic condition (employment, self-employment, or 400% of the IPREM). If the five years are complete, the Immigration Office verifies that automatically, with no separate proof needed.
How long does it last, and how long to decide?
The resolution deadline is three months, with negative silence. The authorization lasts four years if granted at renewal, the remaining time if granted during an already-renewed permit, or five years in gender-violence cases.
Where do I apply — Extranjería or online?
At the Immigration Office for your province of residence, in person or online through the Mercurio platform. For ascendants whose employer files, it’s the province where the activity will take place.