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Family member of EU citizen

Residence card for family members of European Union citizens (non-Spanish) residing in Spain. EU Community Regime — allows you to work from day one without needing to prove personal income.

Minimum income Not required from the family member (the EU citizen's income is sufficient)
Initial duration 5 years (residence card)
Decision time 1–3 months
Work allowed? ✓ Yes
Family allowed? ✗ No
Fee 2026 Free (registration certificate) or TIE fee for non-EU nationals

💡 This regime is for family members of EU citizens who are NOT Spanish. If your family member is Spanish, you must apply for the family member of a Spanish national card (EX-24), which offers additional benefits.

📋 The right to work does not come from the card — it comes from art. 3.2 RD 240/2007, which grants the right "to take up any activity, whether employed or self-employed, to provide services or to study, ON THE SAME TERMS AS SPANIARDS". And mind a trap in the text: if you read the article you will see an exception for "descendants over twenty-one living as dependants" and "dependent ascendants" (art. 3.2) — that passage was ANNULLED by a Supreme Court judgment of 1 June 2010, so they may work too. While the card is being issued the receipt is enough, and the rule says expressly that "holding the receipt may not be a precondition for exercising other rights, provided the beneficiary can prove their situation by any other means of evidence" (art. 8.2).

Step by step

The application must be submitted in Spain at the Immigration Office (Oficina de Extranjería) in the province of residence, within 3 months of entry.

1
The EU citizen registers as a community resident
The EU citizen must first obtain their EU Citizen Registration Certificate (green certificate) at the local National Police station.
2
Gather the family member's documentation
Prepare the passport, proof of family relationship (apostilled and translated), form EX-19, photos and applicable fees.
3
Book an appointment at the Immigration Office
Schedule an appointment at the Immigration Office in the relevant province. Submit form EX-19 and all supporting documents.
4
Decision and residence card
"The residence card for a family member of a Union citizen shall be issued within the three months following the filing of the application" (art. 8.4), and there is a detail almost nobody mentions — "the favourable decision shall have retroactive effect, the residence situation being deemed valid from the evidenced date of entry into Spain as a family member of a Union citizen". The card lasts five years "or for the expected period of residence of the Union citizen (…) if that period is shorter than five years" (art. 8.5). And meanwhile you are not in limbo — on filing "a receipt shall be issued immediately (…) which shall suffice to prove lawful stay until the card is delivered" (art. 8.2).
5
Collect the TIE card
Attend to collect the TIE once a favourable decision has been notified. The card certifies the right to reside and work in Spain.
Publicidad

Mistakes that get applications refused

⚠️ Applying under the EU Community Regime when the family member is Spanish

Consecuencia: Incorrect processing and possible refusal

Solución: If your family member is SPANISH, you must apply for the family member of a Spanish national card (EX-24), not the family member of an EU citizen card (EX-19).

⚠️ Applying for the card before the EU citizen has completed their prior registration

Consecuencia: Refusal due to incomplete documentation

Solución: The EU citizen must have their registration certificate (green certificate) before the family member applies for the card.

⚠️ Failing to apply for the card within 3 months of entering Spain

Consecuencia: Administrative penalty

Solución: Apply for the residence card within 3 months of entering Spanish territory.

⚠️ Failing to provide sufficient proof of the family relationship

Consecuencia: Refusal

Solución: Submit a marriage certificate, birth certificate or registered partnership certificate. Foreign documents must be apostilled and translated by a sworn translator.

Who can apply

  • Spouse or registered partner
  • Children under 21 of the EU citizen or of their spouse
  • Children over 21 who are financially dependent
  • Ascendants (parents, grandparents) dependent on the EU citizen or on their spouse

Renewal

Renewed for: The family member card is valid for five years from issue, or for the planned period of residence of the EU or EEA citizen if shorter (art. 8.5 RD 240/2007). After five years of continuous legal residence you acquire the right of permanent residence (art. 10.1) and apply for the permanent residence card, which renews automatically every ten years (art. 11.1).

When to apply: RD 240/2007 sets no specific deadline for renewing the family member card — renewal is processed under the same royal decree (art. 13). The permanent residence card does have one — you apply during the month before your residence card expires, or within the following three months, without prejudice to any penalty that applies (art. 11.1).

Requirements:

  • Keep the family relationship with the EU citizen
  • The EU citizen must continue to reside in Spain

After five years of continuous residence you can apply for permanent residence as the family member of an EU citizen.

Legal basis

Royal Decree 240/2007 on the entry, free movement and residence of EU citizens and their family members

Checked against the consolidated text on 2026-09-02.

Official sources

🔗 Real Decreto 240/2007 - Régimen Comunitario → 🔗 Ministerio de Inclusión - Régimen Comunitario → 🔗 Formulario EX-19 → 🔗 Sede electrónica Policía Nacional →

Última actualización: 2026-09-24

ℹ️ The information on this website is general guidance. It is not legal advice. For your specific case, consult a lawyer specializing in immigration or the relevant official office. Emigra España never advises acting outside the law.