Lawyer | Immigration department
Laura is from Barcelona. At Lexidy, she is part of the Immigration Department. She is also a member of the Barcelona Bar Association (ICAB). Languages: Catalan, Spanish and English. You can contact her at
Have you separated or divorced your partner after having resided in Spain for at least one year with a Residence Card for Family Members? you are not alone! Apply for the Residence and Work Permit for Spain! This residence permit will allow you to reside and work in Spain as you have been doing until now but without having to depend economically on an EU Citizen. This is a recurring case we have at Lexidy Law, therefore we would like to share our knowledge based on some of our succes cases.
What are the general requirements for the application of this residence card?
In order to apply for this residence permit, some requirements must be fulfilled by the applicant and the employer:
- Having resided in Spain for at least one year as a family member of an EU citizen. If you have been married to an EU Citizen or registered as a stable couple for at least 3 years, and you have resided at least one of these 3 years in Spain, you will be able to keep your Residence Card for Family Members of EU Citizens and you will not need to modify it into a residence and work permit of the General Law.
- Not having criminal records in Spain or in your previous countries of residence for crimes existing in the Spanish system.
- Not being prohibited from entering Spain and not appearing as being ineligible in the territorial space of countries with which Spain has signed an agreement in this regard.
- Already being registered with the Spanish Social Security System as an employee or meeting the following requirements:
- Holding a work contract always with a salary at least equal to the minimum inter-professional salary.
- The employer must be registered with the Social Security system and must comply with the tax and Social Security obligations.
- The employer has sufficient economic means to maintain the conditions stated in the work contract.
- Possessing the experience and, if applicable, the professional qualification legally required for the exercise of the profession.
The advantage of this option is that the foreigner does not have to overcome the national employment situation in order to be able to obtain a residence and work permit of the General Law.
What is the procedure of a Residence Card ?
In case of a separation, annulment, divorce or cancellation of the registration of the stable couple, the holder of a Residence Card for Family Members of EU Citizens will have three months to present the application for the Residence and Work Permit of the General Law at the Immigration Office of the province where they have their residence.
Once the application is submitted and registered with the competent Immigration Office, the Spanish administration has 3 months to resolve the application. Should it not be resolved during this period, the authorisation will deem to be denied by administrative silence.
Within one month from the notification of the decision, the foreigner must apply in person for the Foreigner Identity Card at the Immigration Office or Police Station in the province where the authorisation was processed.
The residence and work permit for employees will be valid for the duration of the work contract, with a maximum validity of one year, after which it can be renewed for periods of two years.
LEXIDY SUCCESS CASE: Application For A Residence And Work Permit For Holders Of A Residence Card For Family Members Of EU Citizens
We are proud to be able to say that we have helped various clients to keep their residence in Spain assisting them successfully with the application for the modification of their Residence Card for Family Members of EU Citizens into a Residence and Work Permit of the General Law, after having divorced an EU Citizen or after having dissolved their stable couple with an EU Citizen.
We look forward to hearing from you, should you find yourself eligible for this residence permit. Once having resided in Spain for at least one year as a family member of an EU citizen you can apply for this modification and obtain a Residence and Work Permit of the General Law.
In case the marriage or the stable couple has lasted at least 3 years, having resided at least one of these 3 years in Spain, the foreigner will be able to maintain their Residence Card for Family Members of EU Citizens.
This modification allows the foreigner to keep their residence in Spain without the need to return to their country of origin and apply for a new residence permit before the corresponding Spanish Consulate.
At Lexidy we can assist you with all the steps of the application for the modification of a Residence Card for Family Members of EU Citizens into a Residence and Work Permit of the General Law. Get in touch with us and see what we can do for you.