From an EU Family Member Card to General Residence in Spain

Reviewed by Francisco Campos, lawyer, Seville Bar Association (ICA Sevilla) no. 15702 · Last updated: November 2026

You may live in Spain with a residence card as the family member of an EU citizen, often called the tarjeta comunitaria. You may instead hold a residence authorization as the family member of a Spanish national. Either way, your right to live in Spain depends on that family relationship.

When the relationship ends, or you no longer qualify as a family member, you may keep your residence or you may need to switch to the general immigration regime. This page explains both options under the rules in force since 20 May 2025.

Quick answer

• You may keep your residence after a divorce or separation in certain cases: for example, a marriage of at least three years with one year in Spain, custody of the children, or gender-based violence.
• If you do not qualify, you can switch to a general-regime permit without a visa and without leaving Spain, as long as you meet its requirements (article 191.8 of Royal Decree 1155/2024).
• Your options:
  • residence and work as an employee;
  • residence and work as a self-employed person;
  • non-lucrative residence;
  • residence without the need for a work permit (for specific activities).
• Tell the authorities about the divorce or separation. Do not wait until your card expires.

1. Two different regimes since May 2025

• Family members of citizens of another EU or EEA country are covered by Royal Decree 240/2007.
• Family members of Spanish nationals have had their own residence authorization since 20 May 2025. It is regulated in the Immigration Regulation, Royal Decree 1155/2024 (articles 93 to 99), and is no longer covered by Royal Decree 240/2007.

The rules on keeping your residence and switching to the general regime are similar in both cases, but there are differences in deadlines. That is why we always start by checking which card you hold.

2. When you keep your residence after a divorce or separation

If your marriage is annulled, you divorce, or your registered partnership is cancelled, you must report it to the authorities. You keep your right to reside if any of these applies:

• Long relationship: the marriage or registered partnership lasted at least three years until the court proceedings started, with at least one year in Spain.
• Custody: you were granted custody of the children of your EU or Spanish ex-partner.
• Especially difficult circumstances: you were a victim of gender-based violence or human trafficking during the marriage or partnership.
• Visiting rights: a court decision or agreement grants you visiting rights to a minor child who lives in Spain.

If your ex-partner is a Spanish national, you must report the divorce or separation within six months. In the three-year case, you must apply for independent residence within six months of being notified that the divorce or annulment claim was admitted.

If your EU family member dies, you also keep your residence, provided you lived in Spain as a family member before the death.

3. When you need to switch to the general regime

You need another permit when you no longer qualify as a family member and none of the cases above applies. Common situations:

• a divorce or separation that does not meet any of the conditions above;
• a child aged 21 or over who no longer depends on the EU or Spanish parent;
• a relative who is no longer dependent on the family member;
• a registered partnership that has been cancelled.

4. Your options and their requirements

Under article 191.8 of Royal Decree 1155/2024, you can obtain any of these permits without a visa, provided you meet its requirements. The length of the new permit depends on how long your previous card was valid.

Residence and work as an employee. You need a job offer and an employer who meets the legal requirements. The employer must have enough means to pay your salary. If the employer is an individual, they must also show income left over after paying your salary:

• 50% of the Spanish minimum wage (SMI) if they have no dependants;
• 100% of the SMI for a household of two;
• 25% of the SMI more for each additional member.

Residence and work as a self-employed person. You need a viable business or professional activity, the necessary licences and enough investment and means.

Non-lucrative residence. You do not work in Spain, and you prove enough income for yourself and your family: 400% of IPREM per month for you and 100% of IPREM for each family member. You also need health insurance. More about non-lucrative residence.

Residence without the need for a work permit. This is for specific activities listed in the regulation, such as certain teaching and research roles.

We help you choose the option that fits your situation and check the requirements before you file.

5. Procedure

1. Report the change. Tell the immigration office about the divorce, separation or change in your situation.
2. Choose your route. Decide whether you keep your residence or switch to a general-regime permit.
3. Prepare the file. You need your passport, your current card, proof of the family change (for example, the divorce decree) and the documents for the permit you are applying for.
4. File the application with the competent immigration office and pay the government fee.
5. New residence card. Once your application is granted, you apply for your new TIE.

6. How we help

1. Review your case. We check which card you hold, whether you keep your residence and which deadlines apply.
2. Choose the best route. We compare employee, self-employed and non-lucrative options for your situation.
3. Prepare and file. We prepare the documents, file the application and follow it until it is decided.
4. Residence card. We guide you through the TIE appointment.

7. €49 online consultation (VAT included)

• A video call of about 45 minutes, in English, with an immigration lawyer.
• We review your card, your family situation and your dates.
• You leave knowing whether you keep your residence or which permit to apply for.
• If you then hire Lexmovea for your case, the €49 is deducted from our fees.

Frequently asked questions