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Right of Family Member of EU Citizen to Remain After Divorce/Legal Separation/de-Registration of Partnerships

Posted in: Family, The Law In Spain,
Author: Myra Cecilia Azzopardi
Tags: , , ,

Maintenance of the right of residence of the family members, in the event of death, departure from Spain, nullity of the marriage bond, divorce, legal separation or cancellation of registration as a registered couple, in relation to the holder of the right of residence

1. In the event of annulment of the marriage bond, divorce or cancellation of registration as registered couple, of a national of a Member State of the European Union or of a State party to the Agreement on the European Economic Area, with a national of a State that is not, it is obligatory to communicate this circumstance to the competent authorities. To preserve the right of residence, one of the following assumptions must be accredited:

a) Duration of at least three years of the marriage or registered couple situation, until the beginning of the judicial procedure of nullity of the marriage, divorce or of the cancellation of the registration as a registered couple, of which it must be proven that at least one of the Years has passed in Spain.

b) Granting by mutual agreement or judicial decision, of the custody of the children of the community citizen, to the ex-spouse or registered ex-couple who is not a citizen of a Member State of the European Union or of a State party to the Agreement on Space European Economic

c) Existence of especially difficult circumstances such as:

1.º Having been a victim of gender-based violence during the marriage or registered partnership situation, a circumstance that will be considered provisionally accredited when there is a protection order in their favor or a report from the Public Prosecutor’s Office indicating the existence of a signs of gender-based violence, and definitively when a judicial decision has fallen from which it can be deduced that the alleged circumstances have occurred.

2.º Have been subjected to trafficking in human beings by their spouse or partner during the marriage or registered partnership situation, a circumstance that will be considered provisionally accredited when there is a judicial process in which the spouse or partner has the condition of imputed and his family member as possible victim, and definitively when a judicial decision has fallen from which it can be deduced that the alleged circumstances have occurred.

d) Judicial resolution or mutual agreement between the parties that determines the right of access, to the minor child, of the ex-spouse or registered ex-couple who is not a citizen of a Member State of the European Union or of a State party to the Agreement on the European Economic Area, when said minor resides in Spain and said resolution or agreement is in force. 

When the competent Authorities consider that there are reasonable doubts as to compliance with the conditions set out in Articles 8 and 9, they may carry out checks in order to verify whether they are met. Said verifications will not have in any case systematic character.

 

 

 

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.

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