It’s very likely that if you’ve clicked on this article, it’s because you obtained residency in Spain through a family member from the European Union.
You’ve been living in the country for 5 years, and now your permit is about to expire.
As a result, you’re required to renew your EU family member card. Below, we’ll explain how to do this step by step and what requirements and documents you’ll need to provide.
The EU residence card is a residence permit in Spain granted to family members of citizens of the European Union, the EEA, or Switzerland, excluding Spain.
Specifically, it is intended for spouses (civil partners or husband/wife), children, and parents of a European citizen residing in Spain.
The major advantage of the EU family member visa is the period of legal residence it grants. It allows family members of an EU citizen to live and work legally in Spain for a total of 5 years.
This initial 5-year card is also known as the temporary EU residence card.
But what happens once that period comes to an end?
Well, you will have to renew it to obtain permanent EU residence authorization. This will allow you to reside in Spain indefinitely as a legal resident.
In other words, it grants residence for 10 years, and this period may be renewed (unless you have applied for citizenship beforehand).
This process is governed by Royal Decree 240/2007, the regulation governing the entry and residence in Spain of citizens of the EU, the EEA, and Switzerland, as well as their family members—a regime distinct from that applicable to general foreign residency.
Once these 5 years come to an end, you will have to renew. And that is what we cover next.
How do I renew the EU NIE?
Currently, you can renew your EU NIE through any public registry office, even by mail.
In other words, you can submit the application online.
This is different from previous years, when it was explicitly required to complete the process in person after making an appointment at the immigration office.
However, you can still do it in person. This is still the preferred method for many.
Additionally, another advantage of the renewal is that you don’t have to do it yourself.
You can appoint an immigration attorney to handle the renewal for you.
No matter where you are, without having to leave home. For example, our team can handle this through an electronic registration process.
When should I renew my EU residence card?
This requirement is very important.
You must submit all the required documentation to renew your EU residence card within the period ranging from 30 days before the card’s expiration date to 90 days after.
Requirements for renewing the EU residence card
The requirements are basically the same as those you had to meet when you first obtained your EU residence card.
To renew, you must meet one of the following requirements:
- Be a family member and have resided legally in Spain for an uninterrupted period of five years, provided that the family relationship that entitled you to initial residence is maintained. However, your family member from the EU, the EEA, or Switzerland must meet one of the following requirements:
- Be and have been an employee in Spain
- Be and have been self-employed in Spain
- Have sufficient financial resources for themselves and their family members so as not to become a burden on the Spanish social welfare system during their period of residence
- Be and have been a student
- To have resided in Spain as a family member of a Union citizen who was either an employee or self-employed, and to have acquired the right to permanent residence before the end of the five-year residence period.
- Other cases, including the death of the family member or the dissolution of the marriage (see below).
Proving sufficient financial means
When renewing, you’ll be asked to prove that you have sufficient financial means.
So be careful. You must have sufficient financial means not only to obtain your first permanent EU residence card.
You must also have sufficient financial means throughout the entire validity period, because if those means are no longer available, the card will be revoked.
Who has to prove these financial means?
Not the person who will receive the card, but the Spanish or European citizen. In other words, the citizen who is bringing you to Spain and on whom you depend.
In this regard, there are two important distinctions:
Based on the European citizen’s professional activity
As we mentioned in this post, there are three possible scenarios here.
Depending on whether the EU citizen is employed, self-employed, or not working at all, proving financial eligibility will be done in one way or another:
If they are not engaged in any type of work activity, the European citizen will have to provide health insurance and documents proving they have sufficient financial resources to support both themselves and the dependent.
You can find all the information on what requirements your health insurance must meet here.
If you are employed by someone else, that is, by a company, you will only need your employment contract registered with the SEPE.
Finally, if you are self-employed as a freelancer, you must provide proof of registration with the CAE (Census of Economic Activities).
In these last two cases, you must also provide proof of enrollment in Social Security.
Financial resources for ascendants and descendants of EU Citizens (parents and children)
In addition to submitting valid documentation proving that the emotional bond still exists (this is important in the case of the children of the partner’s or spouse’s EU citizen), there are other important considerations.
If the child is over 21 years old, it must be demonstrated that the child is dependent on the Spanish or European citizen. Being dependent means demonstrating total financial dependence. It may also refer to physical dependence due to health reasons or the need for medical care.
The same applies to ascendants, that is, the parents of the Spanish or European citizen. They must also be dependent on the citizen, who must provide for them entirely financially and, depending on the case, physically as well.
What happens if I’ve separated from or divorced my partner?
To renew your card, you must prove that you still maintain the emotional bond with the family member through whom you obtained your residency.
In the case of a parent-child relationship (parents or children), there is no problem at all. The relationship is maintained for life by its very nature.
However, there is a slight obstacle if you obtained your card as a family member of an EU citizen through marriage or a domestic partnership.
What happens if you separate or get divorced? Can you still renew your card?
If the marriage has ended, in order to renew, you must have been married for 3 years, with at least one of those years spent living together in Spain.
In that case, you could maintain your status.
It’s important to note that if you’re not living together and are separated, you must officially divorce before renewing.
Simply filing for divorce in court would be sufficient. You must include that document with your renewal application.
On the other hand, even if the relationship or marriage ends, if you have children together and joint custody is granted, the non-EU citizen may renew the card.
Other exceptional cases
Several exceptional cases would also allow the non-EU citizen to retain the card even if the relationship has ended.
For example, if the EU citizen dies, the non-EU citizen would retain their EU residence card as long as they were residing in the country with that card before the death.
In this case, the death certificate must be provided when submitting the renewal application.
Finally, if either of the following two conditions applies:
- If the non-EU national has been a victim of human trafficking during the marriage
- If the non-EU national has been a victim of gender-based violence during that same period
In these last three cases, a court order will be required to proceed with the renewal.
Documents Required to Renew the EU Residence Card
What documents do you need to include in your application to renew your EU NIE?
- A valid passport
- A completed Form Ex-19, indicating that you wish to renew your residence card.
- 1 recent ID photo
- Proof of payment of the corresponding fee (790-012)
- Documentation proving your family relationship with the EU citizen, such as a civil partnership registration or marriage certificate
How long does the EU residence card renewal process take?
After submitting your renewal application to the immigration office, the authorities will have three months to approve or deny your application.
If you do not receive a response by the end of this period, it will be interpreted as administrative silence indicating approval, and your application will therefore be automatically approved.
If you’re unsure how to proceed, don’t hesitate to contact our team of attorneys. We’ll handle the renewal of your EU residence card successfully.
Fill out the form below, and get started today.
Speak with one of our
immigration lawyers
Not sure which immigration pathway fits your situation? Our legal team will evaluate your case, recommend the best strategy, and handle the process from start to finish.
