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Can I get a Spanish residence permit as the spouse or partner of a Spanish citizen?

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Yes. Spain's immigration regulation gives a residence permit to the non-EU spouse, registered partner or stable partner of a Spanish citizen, and to children under 26 and some other relatives, if they live together. It lasts five years, allows any work in Spain, and the procedure is free. If both of you are in Spain, you can apply there.

Key facts

What The law says Source
Who qualifies (main cases) Spouse over 18; registered partner over 18; stable partner over 18 with at least 12 months living together (not needed if you have children together); children under 26 or dependent RD 1155/2024, art. 94.1.a–d
Other relatives Dependent parents (or on humanitarian grounds); parent or guardian of a Spanish minor; one carer relative of a dependent Spanish national; children of a parent who is or was Spanish by origin; other dependent family members RD 1155/2024, art. 94.1.e–i
Living together Required RD 1155/2024, art. 94.1
Right to work Employed or self-employed, anywhere in Spain, in any occupation, with no extra formalities RD 1155/2024, art. 95.1
Length Five years, or the Spanish national’s expected time in Spain if shorter RD 1155/2024, art. 95.3
Applying from within Spain Allowed when both of you are in Spain; you may provisionally live and work while it’s processed RD 1155/2024, art. 97.1.c and 97.5
Decision Two months; no answer means refused RD 1155/2024, art. 97.6
Cost Preferential processing, free of charge RD 1155/2024, art. 97.8

Who qualifies

Spain’s immigration regulation (Real Decreto 1155/2024, chapter on family members of Spanish nationals) covers non-EU, non-EEA, non-Swiss nationals with a family link to a Spanish citizen, wherever and whenever the link was created, as long as it continues and they live together in Spain (arts. 93, 94).

For couples, the regulation recognises three forms, which can’t be combined: marriage (only one spouse; not annulled, divorced or fraudulent), a partnership registered in an EU, EEA or Swiss public register, or a stable partnership proven by at least twelve months of living together, inside or outside Spain (art. 94.1.a–c). Children qualify if under 26, or older but dependent or with a disability needing support, and unmarried (art. 94.1.d).

How to apply

The regulation sets three routes (art. 97.1):

  1. Spanish national in Spain, relative abroad: the Spanish citizen applies at the immigration office of their province; once granted, the relative applies for the visa at the consulate.
  2. Both abroad: the foreign relative applies for the visa at the Spanish consulate.
  3. Both in Spain: either of you applies at the immigration office of the province where you live or will live.

Documents include a copy of both passports (or the Spanish ID card), proof of the family link and, for a stable partnership, proof of the relationship and of the time living together (art. 96). On the in-Spain route, once the application is admitted you may provisionally live and work anywhere in Spain until the decision, unless similar applications on substantially the same facts were refused before (art. 97.5).

The office must decide within two months; if it doesn’t, the application counts as refused (art. 97.6). After the grant, you apply in person for the TIE card within one month (art. 97.7).

Keeping the permit

You must report changes of address, nationality, civil status or partnership within two months (art. 98.2). The permit can be withdrawn if you stop living as a couple or family (art. 98.3). After divorce or the end of a registered partnership, you can keep residence in your own right if, among other cases, the relationship lasted at least three years until the court case began, with at least one of those years in Spain; you must apply for independent residence within six months (art. 99.4, 99.6).

Note on a 2026 court ruling

The BOE’s consolidated text notes that a Supreme Court judgment of 8 July 2026 annulled parts of articles 94.1.f, 97.4 and 98.1. For articles 97.4 and 98.1, the annulled wording is the one that set automatic refusal for criminal records without individual assessment, in cases covered by article 20 of the Treaty on the Functioning of the EU.

Sources

  1. Real Decreto 1155/2024, de 19 de noviembre, Reglamento de la Ley Orgánica 4/2000, arts. 93–99, as amended by Real Decreto 316/2026 and the Supreme Court judgment of 8 July 2026 (consolidated text, BOE) checked 2026-10-25

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This is general information, not legal advice, and Lumen is not a law firm. Rules change and offices differ: check the official sources above before you act. Found something wrong or out of date? Write to support@lumen.observer.