Maintenance of the Community Card After Divorce

The community card is a popular way for foreigners to establish their life in Spain with their Spanish or EU partner. However, what happens if the relationship ends? Is residency automatically lost?

The answer is not necessarily. Although the community card is based on the family connection, there are options to maintain it even after a divorce or separation. Here’s how to maintain community residency after a divorce.

Can the community card be maintained after a divorce?

1. You meet the requirements to maintain the community card: If you meet certain requirements related to the duration of cohabitation with your partner, you can keep your card for the full 5 years and renew it without problems at the end of that period.
2. You do not meet the requirements: In this case, you will need to switch from the community regime to the general regime, applying for a modification to an initial residence and work permit. However, if the divorce or separation occurs less than a year after the union, you will not be able to modify to self-employment or employment, as the authorities may consider it a marriage or partnership of convenience.

Requirements to maintain community residency after separation or divorce:

The Spanish immigration law, through Royal Decree 240/2007, allows you to maintain your community residency even if your marriage or civil partnership dissolves. To do so, you must meet two key requirements:

1. Minimum duration of 3 years of the relationship: The marriage or civil partnership must have lasted at least 3 years before the initiation of the annulment, divorce, or cancellation process.
2. Residency in Spain for at least 1 year: Of the 3 years of the relationship, at least one year must have been spent in Spain.

If you meet both requirements, you can renew your residency and obtain permanent residency status at the end of the initial 5-year validity of your community card.

What happens if I don’t meet these requirements?

It is still possible to maintain your residency in Spain, but the process may be more complex. You may be able to keep your community card after the breakup if:

• You are a victim of abuse and can prove it.
• You have a minor child in common and have custody.
• You have a child in common, do not have custody, but a judge grants you visitation rights and the minor resides in Spain.

Maintaining the Community Card after Divorce

Maintaining the community card after a divorce can be feasible under certain specific conditions. To retain this right on your own, it is essential to meet one of the following requirements:

1. Duration of Marriage: The marriage or registered partnership must have lasted at least three years, with at least one year of cohabitation in Spain before initiating the annulment or divorce procedure.
2. Custody of Children: If custody of the children is awarded to the non-EU spouse, this can facilitate the retention of the card. This provision especially applies if the child resides in Spain and the custody was granted by mutual agreement or judicial decision.
3. Special Circumstances: The law provides the possibility to retain the card in exceptional situations, such as:

• Victims of Domestic Violence: Those who have been victims during the marriage can temporarily prove this situation with a protection order or reports from the Public Prosecutor’s Office, and permanently with a judicial decision confirming such circumstances.
• Human Trafficking Victims: Victims of trafficking can also maintain their community card if there is an ongoing judicial procedure involving their spouse or partner.

4. Visitation Rights: If there is a judicial decision granting visitation rights over a minor child, this also allows for the retention of the card.

If you are in any of these situations, you can maintain your community card. It is important to notify the Foreigners Office of your change in marital status as soon as possible to ensure that your situation is updated correctly in their records.

Process to Avoid Losing the Community Card

If you wish to retain your community card after separation, here is what you need to do to communicate the divorce to Extranjería:

• Cancel the civil union or divorce: The relationship is legally considered terminated once you receive the official notification of cancellation or divorce.
• Notify Extranjería: Communicate your new marital status to the Foreigners Office within a month after receiving the cancellation or divorce notification. Although the law does not establish a specific timeframe, it is advisable to do so as soon as possible.
• Consider the specificities of your Autonomous Community: In some regions, if you stop living with your partner for a certain period, even if the relationship has not been legally dissolved, you may lose the right to renew your residence.

How to Communicate Divorce to Extranjería

To communicate your divorce to the Foreigners Office, follow these essential steps:

• Quick notification: It is crucial to notify Extranjería as soon as possible, ideally within one month of the final divorce ruling. This timeframe is important to avoid issues in the renewal of your community card.
• Required documentation: You must submit the divorce ruling as part of the required documentation. Additionally, if you plan to change your residence situation, make sure to have the EX-03 application form ready.

Community Residence Assistance Service

At Lexmovea, we understand that a separation or divorce can create uncertainty about your future in Spain, especially if your residency depended on your relationship with a community citizen. Our team of immigration law experts is here to provide the support and guidance you need during this transition and clarify that statements like “if I divorce a Spanish citizen, I lose my residency” are not necessarily true, as it will always depend on the individual’s circumstances, as discussed in this article.

How Lexmovea Can Help You in the Process of Modifying Community Residency After Separation or Divorce

• Evaluation of Your Situation: We will thoroughly analyze your case, considering the duration of your relationship, the existence of minor children, possible domestic violence situations, and other relevant factors to determine the best strategy for maintaining your residency in Spain.
• Personalized Legal Advice: We will explain your rights and options, guide you in choosing the most suitable procedure (modification to residency and work, non-lucrative residency, etc.), and help you meet all legal requirements.
• Preparation and Submission of Documents: We will handle collecting and preparing all the necessary documentation for your application, ensuring it is complete and correct, and submit it to the Foreigners’ Office on your behalf.
• Monitoring of Your Application: We will closely monitor your case, keeping you informed about its status and resolving any issues that may arise.
• Legal Representation: If necessary, we will represent you before the immigration authorities and advocate for your interests throughout the process.

Trust Lexmovea to face this period of change with peace of mind and confidence. We will provide you with the legal support you need to maintain your residency in Spain and continue building your future in the country, even after a separation or divorce.

Frequently Asked Questions About Community Residency After Divorce

1. Can I renew my community card after a divorce? Yes, it is possible to renew the community card after a divorce, but certain conditions must be met. If the marriage lasted at least three years, with at least one year lived in Spain, the holder of the community card can retain their right to reside in the country even after the separation.
2. If I divorce, do I lose my community card in Spain? You may not necessarily lose your community card. The possibility of keeping it depends on certain factors such as the duration of the marriage and the applicant’s personal circumstances, which addresses the question of whether you lose your residence in Spain if you divorce.
3. I already have the divorce decree, what now? Once you have the divorce decree, it is essential to notify the Foreigners’ Office about your change of marital status by presenting the decree within a month of it being finalized.
4. What happens if I divorce while having only residency? This question is answered in previous Q&A sections. It will depend on the individual’s circumstances. We invite you to read the entire article for a better understanding.
5. Can residency be revoked after divorce? Divorce can affect residency in Spain if it is based on the marital relationship, such as in family reunification or marriage to a Spanish citizen. If you can prove economic independence or have an independent residency (work or roots), you will not lose your status. At Lexmovea, we offer advice for additional security.
6. What happens if I divorce before obtaining permanent residency / Can I lose permanent residency if I divorce? If you divorce before obtaining permanent residency, you may lose it if it depends on the marital relationship, as in family reunification or marriage to a Spanish citizen. Justify economic independence or family ties to maintain it. If your residency is independent, divorce will not affect your status.
7. What happens if I divorce after obtaining permanent residency? If you divorce after obtaining permanent residency in Spain, your status will not be affected since it is independent of your family situation. It would only impact if you plan to apply for Spanish nationality through marriage. Keep your situation regular and consult if you have doubts.
8. Can I revoke my spouse’s residency? It depends on the marital relationship. Divorce could affect their status. Extranjería will evaluate if their permit can be modified. Consult with an immigration law firm like Lexmovea if you have doubts.