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SPAIN – Residence Rights Extended for Dependents of EU Nationals

, 23/12/2015

Effective 9 December 2015, a new regulation (Real Decreto 987/2015 of 30 October 2015) extends the definition of dependents of European Union (EU) nationals who qualify for an EU residence card in Spain, to include non-U national common-law partners in a steady relationship, as well as any financially or physically dependent family members.

Who is Affected?

  • The non-EU national common-law partner of an EU national will now qualify for a five-year EU family residence card if they can show evidence of a “steady relationship”. This should include evidence either of continuous cohabitation of at least one year, or of children they have had together.
  • Other non-EU national family members will now also qualify if they can prove financial dependence on the principal applicant, or are physically dependent on the principal on health or disability grounds.
  • Previously in Spain, these non-EU national family members of EU nationals were only granted one-year (renewable) Spanish residence cards, according to the general regulations for non-EU nationals.

Action Items

  • EU nationals can now plan to bring their non-EU national common-law partners, and financially or physically dependent family members, to Spain for longer periods.