Citizens of a Member State of the European Union or of a State party to the Agreement on the European Economic Area, and members of the family who are not nationals of one of those States, are holders of the right to permanent residence. have resided legally in Spain for a continuous period of five years .

Likewise, they will have the right to permanent residence, before the end of the period of five years referred to above, the persons in which one of the following circumstances occurs :

  1. The self-employed or third-party worker who, at the time of cessation of his / her activity, has reached the age provided in Spanish law for accessing retirement with entitlement to a pension, when he / she has worked in Spain for at least the last twelve years months and have resided in Spain continuously for more than three years.
    The condition of duration of residence will not be required if the citizen of the Union is married or is a registered partner of a Spanish citizen or of a citizen who has lost his Spanish nationality after his marriage or registration as a registered couple with the worker.
  2. The employed employee who accedes to early retirement, when he has been active in Spain for at least the last twelve months and has resided in Spain continuously for more than three years.
    The condition of duration of residence will not be required if the citizen of the Union is married or is a registered partner of a Spanish citizen or of a citizen who has lost his Spanish nationality after his marriage or registration as a registered couple with the worker.
  3. The self-employed or third-party worker who has ceased to perform his activity as a result of permanent disability, having resided in Spain for more than two years without interruption.
    It will not be necessary to accredit any residence time if the disability results from an accident at work or from an occupational disease that entitles a pension for which he is responsible, totally or partially, an organism of the Spanish State or if the citizen of the Union is married or is a registered couple of a Spanish citizen or a citizen who has lost his or her Spanish nationality after their marriage or registration as a registered couple with the worker.
  4. The self-employed or third-party worker who, after three consecutive years of activity and of residence continued in Spanish territory, carries out his activity in another Member State and maintains his residence in Spain, returning to Spanish territory daily or, at least, once per week. For the exclusive purposes of the right of residence, the periods of activity exercised in another Member State of the European Union will be considered fulfilled in Spain.

For the purposes of the provisions of the previous sections, the periods of involuntary unemployment, duly justified by the competent public employment service, the periods of suspension of the activity for reasons beyond the control of the interested party, and absences from the job or sick leave or accident will be considered as periods of employment.

The family of Spanish citizen or another Member State of the European Union or another State party to the Agreement on the European Economic Area or Switzerland who are not nationals of one of those States , resident in Spain may obtain a card of permanent residence of a family member of a Union citizen if they prove that they have resided legally in Spain for a continuous period of five years, provided that the family link for which the residence card was issued is maintained or if they maintain the community regime in case of death, nullity of the marriage bond, divorce or cancellation of registration as a registered couple.

The members of the family of the self-employed or third-country worker residing with him in Spain shall, regardless of their nationality, have the right of permanent residence when the worker has acquired that right for himself , issuing them a permanent residence card for family members. citizen of the Union.

If the citizen of the Union had died in the course of his active life prior to the acquisition of the right of permanent residence in Spain, the members of his family who had resided with him in the national territory shall be entitled to permanent residence at all times and when any of the following circumstances occur :

  1. That the citizen of the Union, on the date of death, had resided continuously in Spain for at least two years.
  2. That the death was due to an accident at work or an occupational disease.
  3. That the surviving spouse had lost the Spanish nationality as a result of the marriage with the deceased.

CERTIFICATE OF PERMANENT RESIDENCE OF CITIZEN OF THE EUROPEAN UNION

The interested party, personally, must go to the Immigration Office of the province where he has his residence or, failing that, to the corresponding Police Station. Together with the application form (EX-18) , it will present in all cases the following documents (original and copy):

  • Valid and valid passport or identity document. If it is expired, a copy of this and the renewal application.
  • Document accrediting the payment of the fee for issuing the certificate.
  • Documentation proving the assumption by which permanent residence is accessed, except in the case of access to it for having resided legally in Spain for a continuous period of 5 years, in which it is not necessary to provide additional documentation given that this circumstance it will be verified ex officio by the Immigration Office.

Once the fees have been paid, a certificate of the right to reside on a permanent basis will be issued to the citizen of the Union.

PERMANENT RESIDENCE CARD OF FAMILY MEMBER OF CITIZEN OF THE EUROPEAN UNION

The relative,  personally , in the Immigration Office of the province where he has his residence or, failing that, in the corresponding Police Station, must present the application during the month prior to the expiration of the residence card, and may also be presented within three months after said expiration date without prejudice to the corresponding administrative sanction.

To the official model request (EX-19) , in duplicate, duly completed and signed, will accompany as generic documentation the following (original and copy):

  • Full valid passport and in force. If it is expired, a copy of this and the renewal application.
  • Documentation accrediting the existence of family ties, marriage or registered union.
  • Three recent color photographs, in white background, card size.
  • Document accrediting the payment of the fee for issuing the card.

In addition, in the case of being a relative of a community citizen who has died in the course of his active life prior to accessing the right of permanent residence, he must present:

  • Literal certificate of death together with:
    • Certificate of registration of citizen of the Union of the deceased, in which there is a minimum period of 2 years of continuous residence in Spain; or
    • Documentation proving that the death was due to an accident at work or an occupational disease; or
    • Documentation certifying that the surviving spouse was a Spanish citizen, having lost that nationality as a result of his marriage to the deceased community citizen.

The issuance of a permanent residence card for a family member of a citizen of the Union must be made within three months of submitting the application. This card will be valid for ten years from the date of issue and will be renewed automatically.

Interruptions of residence not exceeding two consecutive years will not affect the validity of the permanent residence card.