Residence of a family member of an EU citizen
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- Residence of a family member of an EU citizen
A non-European family member of an Italian citizen resident in Spain is entitled to a specific residence card. Since 2025, by contrast, the regime applicable to family members of Spanish citizens has been governed separately. The Firm identifies the applicable regime and handles the entire procedure.
Family members of citizens of the Union (including Italians)
Pursuant to art. 2 of Real Decreto 240/2007, the following are entitled to the residence card for a family member of a citizen of the Union:
- the spouse, in the absence of separation or divorce;
- the partner registered in a public register of a Member State of the Union or of the European Economic Area;
- descendants under the age of 21, or over 21 if dependent or not self-sufficient;
- dependent ascendants, including those of the spouse or registered partner.
Art. 2 bis extends protection, subject to an individual and reasoned assessment, to other dependent or cohabiting family members and to the partner in a durable relationship, duly attested, which is presumed where there has been at least one year of continuous cohabitation or there is a child in common.
Requirements and procedure
- The citizen of the Union must meet the residence requirements of art. 7 (employment, or sufficient resources and health insurance, or study).
- The application is submitted within three months of entry, with form EX-19, passport, proof of the family relationship bearing an apostille (or legalised) and translated, the registration certificate of the citizen of the Union and, where required, proof of economic dependence.
- On submission a receipt is issued which attests to the lawfulness of the stay until the card is delivered.
| Family member of an EU citizen | Family member of a Spanish citizen | |
|---|---|---|
| Legislation | Real Decreto 240/2007 | Real Decreto 1155/2024, arts. 93-99 |
| Children | Up to 21 years of age, or older if dependent | Up to 26 years of age, or older if dependent or with a disability |
| Time limit for decision | 3 months | 2 months |
| Validity | 5 years | 5 years |
| Cost | Fee of €12 | Procedure free of charge; €12 for the card (TIE) |
Family members of Spanish citizens
Since 20 May 2025 family members of Spanish citizens no longer obtain the card for a family member of a citizen of the Union, but a specific temporary residence authorisation provided for by articles 93-99 of the new Reglamento, irrespective of where and when the family relationship arose. Documents already issued remain valid until their expiry.
Permanent residence and retention of the right
The card is valid for five years. After five years of continuous lawful residence, permanent residence may be applied for. The right of residence is retained, among other cases, in the event of divorce where the marriage has lasted at least three years, of which at least one in Spain.
Costs
The Firm issues a detailed, no-obligation quote, including assistance with obtaining, apostilling and translating documents from the country of origin.
Immigration procedures in Spain
Sources: Real Decreto 240/2007, arts. 2, 2 bis, 7, 8, 9 and 10 · Real Decreto 1155/2024, arts. 93-99 and transitional provisions · Orden PJC/617/2025 · Policía Nacional, information sheet on the tarjeta de residencia de familiar de ciudadano de la Unión. Information only, updated September 2026.