EU Citizens' Residence in Spain
EU, EEA and Swiss citizens don't live in Spain under the general immigration regulation - they live under a separate, lighter regime built on freedom of movement: registration instead of a visa, no quotas, no integration exam. Non-EU family members get their own document with its own conditions, and it's a route worth knowing about even if you're not an EU citizen yourself - it's often how a non-EU partner of an EU or Irish citizen gets residence.
Contents
- What this regime is
- Who falls under the EU regime
- Registering the EU citizen
- The residence card for non-EU family members
- Permanent residence under the EU regime
- How this differs from family of a Spanish citizen
What this regime is
Citizens of EU member states, the European Economic Area (Iceland, Norway, Liechtenstein) and Switzerland don’t reside in Spain under the general Immigration Regulation (RD 1155/2024) - they live under a separate Royal Decree, 240/2007 of 16 February, commonly called the “EU regime” (régimen comunitario). It exists because of freedom of movement inside the EU: Spain isn’t granting you a residence permit or assessing you against work or investment criteria - it’s simply registering a right you already have.
The practical effect: no visa procedure, no quota, no integration test. You just need to show you’re working, studying, or have sufficient means and health cover (art. 7, RD 240/2007), and register.
Family members who are not themselves EU/EEA/Swiss nationals live under the same decree, but get a different document - a plastic residence card rather than a simple registration.
Who falls under the EU regime
EU/EEA/Swiss citizens themselves - no restriction on purpose of stay, provided the article 7 condition (work, study, or sufficient means) is met.
Their family members (art. 2, RD 240/2007), regardless of the family member’s own nationality:
- spouse - a marriage recognised under Spanish law;
- registered partner - if the registration in the country of origin is treated as equivalent to marriage under Spanish law;
- children and grandchildren up to and including age 21, and older if dependent;
- parents and grandparents, if dependent.
Article 2 bis extends the regime further to other relatives and de facto (unregistered) partners, assessed individually where at least a year of cohabitation or documented financial dependency is shown. This category isn’t an automatic right - each case is evaluated on its facts.
Important: this regime applies when the EU/EEA/Swiss citizen is the one relocating to Spain, with family joining or accompanying them. If the anchor person is a Spanish citizen instead, a different regulation applies - see the comparison below.
Registering the EU citizen
Registration isn’t required for the first 3 months - a valid passport or national ID is sufficient (art. 6). Once you’re staying longer than that, you have 3 months from entry to file for registration (art. 7.5).
Condition for registration (art. 7) - one of three:
- you’re working in Spain, employed or self-employed;
- you have sufficient means for yourself and your family not to become a burden on the public assistance system, plus health insurance covering all risks in Spain;
- you’re enrolled in a recognised course of study, with health insurance and proof of sufficient means.
The decree itself doesn’t set a fixed euro figure for “sufficient means.” Order PRE/1490/2012 ties the threshold to the amount that triggers eligibility for Spain’s non-contributory pension (pensión no contributiva), which is reset annually by the State Budget Law. For 2026 that reference figure is €8,803.20/year (€628.80/month) for the applicant; the actual assessment is always individualised and takes household composition into account. Any legally admissible evidence works - bank statements, proof of income, property documentation.
You file in person at the Oficina de Extranjería for your area, using form EX-18, paying the fee (form 790, code 012). Registration is granted on the spot - you receive a certificado de registro (a paper certificate carrying your NIE, not a plastic card), and you’re typically entered in the register the same day.
The residence card for non-EU family members
A family member who is not themselves an EU/EEA/Swiss national gets a plastic card instead of a certificate - the tarjeta de residencia de familiar de ciudadano de la Unión.
Documents and filing
- application form EX-19;
- valid passport (or a copy plus proof of renewal application, if expired);
- 3 recent colour photos, white background;
- proof of the family relationship (marriage certificate, birth certificate, etc.) - legalised or apostilled, with a sworn Spanish translation;
- the EU citizen sponsor’s certificado de registro, or their Spanish DNI if the sponsor is Spanish;
- proof of dependency, if you’re applying as a dependant rather than as a spouse or minor child;
- fee payment receipt (form 790, code 012).
File in person at the Oficina de Extranjería, a Comisaría de Policía, or a Comisaría Superior in your intended area of residence, within 3 months of entering Spain (or of the marriage/registered partnership taking effect, if that happened after you were already in Spain).
Timeline and the visa question
A decision is due within a maximum of 3 months (art. 8.4). While the application is pending, you hold the resguardo (filing receipt), which proves your legal status.
If your nationality requires a short-stay Schengen visa, entering Spain to join an EU citizen requires an EU-regime family visa from the consulate first; only after entry do you apply for the card itself. If your nationality is visa-exempt for tourism, you can enter freely and file for the card once you’re in Spain.
Validity and renewal
The first card is issued for 5 years - or shorter if the sponsoring EU citizen leaves Spain sooner. The card stays valid as long as you don’t spend more than 6 consecutive months per year outside Spain, with exceptions (up to 12 consecutive months) for military service, pregnancy and childbirth, serious illness, study, vocational training, or an overseas work posting.
Permanent residence under the EU regime
After 5 years of continuous legal residence, both the EU citizen and their non-EU family members become entitled to permanent residence (arts. 10-11). For the family member this means a separate card - the tarjeta de residencia permanente de familiar de ciudadano de la Unión - valid 10 years and renewed automatically, without re-checking the original conditions.
Faster access to permanent residence exists too: for example, retirees with at least 12 months of work and 3 years of residence in Spain (the work requirement is waived if the spouse is Spanish), and for permanent incapacity after at least 2 years of residence (art. 10.2).
For how this compares to the general long-term residence status (larga duración) under the ordinary Immigration Regulation, and to EU long-term resident status, see the dedicated page: Long-term residence in Spain.
How this differs from family of a Spanish citizen
It’s easy to conflate the two - both involve a foreign national attached to a family member in Spain - but they’re governed by different regulations with different requirements:
| EU regime (this page) | Family of a Spanish citizen | |
|---|---|---|
| Regulation | RD 240/2007 | RD 1155/2024, arts. 93-98 |
| Sponsor | EU/EEA/Swiss citizen | Spanish citizen |
| First card | 5 years | 5 years |
| Permanent residence | after 5 years, 10-year card | under general larga duración rules |
If the anchor person in your case is a Spanish citizen rather than another EU national, you want Family member of a Spanish citizen instead of this page.
Frequently asked questions
I'm an EU citizen and I've been in Spain 4 months without registering - is that a problem?
Registration isn't required for the first 3 months - a valid passport or ID card is enough (art. 6, RD 240/2007). Once you pass 3 months, you have 3 months from entry to file for registration (art. 7.5). Missing it doesn't get you deported, but it does mean you can't prove legal status or count time toward permanent residence later.
My partner isn't an EU citizen - do they need a visa, or can they just come with me?
It depends on their nationality. If Spain requires a short-stay visa for their country, they need an EU-regime family visa from the consulate before travelling. If their nationality is visa-exempt for tourism, they can enter freely and apply for the residence card once in Spain, within 3 months of entry.
I'm British - does Brexit mean this route is closed to me?
As the EU citizen yourself, yes - since 1 January 2021, UK nationals fall under the general immigration regime, not RD 240/2007. But if you're the non-EU partner or family member of someone who IS an EU, EEA or Swiss citizen (very common with Irish, German, French, or other EU partners in Spain), you personally still apply through this EU regime, as their family member.
How is this different from the 'family member of a Spanish citizen' route?
Different regulations entirely. This page covers family of an EU/EEA/Swiss citizen who relocated to Spain (RD 240/2007). Family of a SPANISH citizen falls under RD 1155/2024, articles 93-98, with different income and documentation requirements - see the dedicated page on that route.
How long does the family member's card last, and what happens after 5 years?
The first card is issued for 5 years (or less if the EU citizen sponsor leaves Spain sooner). After 5 years of continuous legal residence you're entitled to a permanent card, valid 10 years and renewed automatically without re-checking the original conditions.