V.- PERMANENT RESIDENCE
V.1.- PERMANENT RESIDENCE FOR CITIZENS OF THE EUROPEAN UNION
Citizens of a Member State of the European Union or of a country party to the Agreement on the European Economic Area, and family members who are not nationals of one of said States, who are entitled to the right to reside permanently, have legally resided in Spain for a continuous period of FIVE YEARS.
Likewise, people who meet any of the following circumstances will have the right to permanent residence before the end of the five-year period referred to above:
- a. Pensionist-Retired. The self-employed or employed worker who, at the time his activity ceases, has reached the age provided for in Spanish legislation to access retirement with the right to a pension, when he has carried out his activity in Spain for at least the last twelve months and has resided in Spain continuously for more than three years
The condition of duration of residence will not be required if the Union citizen is married or is a registered partner of a Spanish citizen or of a citizen who has lost his Spanish nationality after marriage or registration as a registered partner with the worker.
- b. Pensionist-Pre-Retired. The employed worker who accesses early retirement, when he has carried out his activity in Spain for at least the last twelve months and has resided in Spain continuously for more than three years.
The condition of duration of residence will not be required if the Union citizen is married or is a registered partner of a Spanish citizen or of a citizen who has lost his Spanish nationality after marriage or registration as a registered partner with the worker.
- c. Disable. The self-employed or employed worker who has ceased to carry out his or her activity as a result of permanent disability, having resided in Spain for more than two years without interruption.
It will not be necessary to prove any residence time if the disability results from a work accident or occupational disease that gives rise to the right to a pension for which an organization of the Spanish State is responsible, in whole or in part, or if the Union citizen is married. or is a registered partner of a Spanish citizen or of a citizen who has lost his or her Spanish nationality after marriage or registration as a registered partner with the worker. - d. Displaced. The self-employed or employed worker who, after three consecutive years of continuous activity and residence in Spanish territory, carries out his activity in another Member State and maintains his residence in Spain, returning to Spanish territory daily or, at least, once a year. week. For the exclusive purposes of the right of residence, periods of activity carried out in another Member State of the European Union will be considered completed in Spain.
For the purposes of what is contemplated in the previous sections, periods of involuntary unemployment, duly justified by the competent public employment service, periods of suspension of the activity for reasons beyond the control of the interested party, and absences from the job or Leave due to illness or accident will be considered periods of employment.
Family members of a Spanish citizen or citizen of another Member State of the European Union, or of another State party to the Agreement on the European Economic Area or of Switzerland, who do not hold the nationality of one of said States, residing in Spain may obtain a card of permanent residence of a family member of a citizen of the Union if they prove that they have resided legally in Spain for a continuous period of five years, provided that the family bond for which the residence card was issued is maintained or if they maintain the community regime in case of death, annulment of the marriage bond, divorce or cancellation of registration as a registered couple.
The family members of the self-employed or employed worker who reside with him in Spain will have, regardless of their nationality, the right of permanent residence when the worker himself has acquired that right, being issued a permanent residence card for a family member. citizen of the Union.
If the citizen of the Union had died in the course of his active life prior to acquiring the right of permanent residence in Spain, the members of his family who had resided with him in the national territory will have the right to permanent residence as long as when any of the following circumstances occur:
- a. That the citizen of the Union, on the date of death, had resided continuously in Spain for at least two years.
- b. That the death was due to a work accident or occupational disease.
- c. That the surviving spouse had lost Spanish nationality as a result of marriage to the deceased.
– PERMANENT RESIDENCE CARD FOR A FAMILY MEMBER OF A CITIZEN OF THE EUROPEAN UNION
The family member, personally or through representation, in any public registry and addressed to the Immigration Office of the province where he or she resides or, failing that, to the corresponding Police Station, must submit the application during the month prior to the expiration of the the residence card, which may also be presented within three months after said expiration date without prejudice to the corresponding administrative sanction.
The official model application (EX-19), in duplicate, duly completed and signed, will be accompanied as generic documentation by the following (original and copy):
- Valid and current complete passport. If it has expired, a copy of it and the renewal request.
- Documentation proving the existence of family ties, marriage or registered union.
- Three recent color photographs, on a white background, passport size.
- Document proving payment of the fee for issuing the card.
Furthermore, in the event of being a family member of a community citizen who died in the course of his or her active life prior to accessing the right of permanent residence, you must present:
o Literal death certificate along with:
o Certificate of registration as a Union citizen of the deceased, stating a minimum period of 2 years of continuous residence in Spain; either
o Documentation proving that the death was due to a work accident or occupational disease; either
o Documentation proving that the surviving spouse was a Spanish citizen, having lost said nationality as a result of her marriage to the deceased community citizen.
Note on validity of foreign public documents: To check the necessary requirements related to the legalization and translation of foreign public documents, you can consult the information sheet of the Secretary of State for Migration.
The issuance of the permanent residence card for a family member of a Union citizen must be carried out within three months following the submission of the application. This card will be valid for ten years from the date of issue and will be renewed automatically.
Interruptions of residence of no more than two consecutive years will not affect the validity of the permanent residence card.
What is the DURATION of the community residence card?
The card is valid for TEN YEARS.