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SPAIN – Residence Rights Extended for Dependents of EU Nationals

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.

This news alert was prepared using information provided by Sagardoy Abogados.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2021 Peregrine Immigration Management Ltd.