Permanent Community Card Divorce

The divorce process can be complicated, especially when it comes to immigration issues. In this article, we will explain in depth the issue of the permanent community card divorce in the context of a divorce. Find out how the end of a marital relationship can affect your immigration status and what steps you can take to maintain your right of residence.

One of the most common ways to obtain residency is marriage to a Spanish citizen.

Once married or already registered as a domestic partner, the community procedure is carried out and in this way the foreign inhabitant obtains his legal residence in Spain for the concept of 5 years obtaining a Residence Card of community relative.

However, it is feasible that the marriage or common-law couple is dissolved or extinguished by means of a divorce or annulment-archiving of the registration of the common-law couple. If the appropriate requirements are not met, the foreign inhabitant could lose his Community Residence Card and remain undocumented in Spain.

Therefore, it is fundamental, to consider such requirements so that the foreign inhabitant already legal in Spain, once divorced or extinguished the couple by the way, does not lose his legal status in Spain.

Important:

To keep the NIE, you must have been married or with your common-law partner for at least 3 years.

Requirements to keep the community card after divorce or separation

• Duration of at least 3 years of the marriage or registered partnership situation, until the beginning of the judicial method of annulment or divorce, or the abolition of partnership registration.
  • It will have to be accredited that, in those 3 years, there has been at least one year of cohabitation in Spain.
• Granting by reciprocal consensus or judicial election of the defense of the children of the communitarian inhabitant, to the ex-spouse or ex-registered partner who is not a citizen of the European Union.
• Life of particularly difficult situations, such as having been a victim of gender abuse or having been subjected by the spouse or partner to human trafficking throughout the marriage or partnership situation.
• Judicial resolution or reciprocal consensus that determines the right of visitation, to the minor child, of the ex-spouse or ex-partner, once commented minor resides in Spain.

Once the expiration of the card is generated, usually after 5 years, with application deadlines established in the regulations, a new residence card will be issued in the community system, which will be the persistent residence card, in which the name of the family member (citizen of the European Union) who granted them the right of residence will not have to be stated.

The new card of relative of inhabitant in the European Union will not grant in any case rights to third parties in communitarian system. Visibly, it will be able to cause them in general system, fulfilling the corresponding requirements.

However, neither the ascendants nor the direct descendants of the relative of non-EU nationality through whom they acquired the right of residence under the EU system will remain as residents within the EU system, in application of the aforementioned article 9.4.

What can I do to avoid losing the community card?

If you want to avoid losing the community card what you must do is to cancel the divorce or common law partnership, once you have cancelled it you will receive a notification and you will have 1 month to notify and tell Extranjería your new situation. If more than 3 months have passed and you have not notified Extranjería of the notification you will not be able to renew the community card.

BEWARE! Depending on the Autonomous Community in which you reside, if you no longer live with your partner and even if you have not annulled the marriage or common-law relationship, it is considered that the relationship has ended and you will not be able to renew the community card.

Frequently asked questions and answers

Are there options to keep the permanent Community Card after a divorce?

Yes, in some cases there are options to keep the permanent EU card after divorce. Some countries may allow retention of the green card if the foreign spouse can demonstrate that he or she has been residing independently and meets the residency requirements set by the immigration authorities.

What precautions should people who are considering divorce and have a permanent community card take?

Individuals who are considering divorce and have a permanent Community Permanent Resident Card should take important precautions. It is advisable to seek legal advice to understand how divorce may affect their immigration status. In addition, they should be aware of the requirements and procedures necessary to maintain their permanent resident status, even in the event of divorce.

How can the financial situation and shared property in the divorce process affect the permanent Community Card?

The financial situation and shared property can have an impact on the divorce process and, therefore, on the permanent EU card after the divorce. Some countries may have specific requirements related to financial independence to maintain the green card after divorce. It is crucial to understand these issues and seek legal advice to properly address these issues during the divorce process.