Losing your residence permit when ending a registered partnership is a common concern among many foreign nationals living in Spain. It is essential to understand the legal implications of this decision and the requirements for keeping your residence permit.

This article addresses various questions about residence permits and registered partnerships, providing essential information about the process and the options available to those facing this dilemma.

Will I lose my residence permit if I separate from my registered partner?

The answer depends on several factors. In general, if you separate from your registered partner, you could lose your right to reside in Spain. However, certain conditions may allow you to keep it.

It is important to consider how long you have lived together and whether you meet the requirements set out in the Spanish immigration law. For example, if you have lived with your registered partner for at least three years, one of them in Spain, you may be able to keep your residence permit.

In addition, if you have children together or are a victim of violence, you may be entitled to keep your residence permit despite the separation. In these cases, it is essential to gather the necessary documents and notify the competent authorities of your situation.

If I end my registered partnership, will I lose my residence permit in Spain, or can I keep it?

Ending your registered partnership does not automatically mean that you will lose your residence permit in Spain. The law sets out certain conditions under which you can continue to reside legally.

To keep your residence permit after ending your registered partnership, you must meet at least one of the following requirements:

• You must have lived with your registered partner for at least three years.
• You must have children together who are Spanish citizens or legal residents.
• You must be a victim of gender-based violence.

If you do not meet these requirements, it is essential to inform the authorities of your change in marital status and explore other residence options that may be available to you.

Will I lose my residence permit if I end my registered partnership or get divorced?

Ending a registered partnership or getting divorced can have a significant impact on your immigration status. However, it does not always result in the loss of your residence permit.

If you are in this situation, it is vital to find out about your rights and options. The Spanish immigration law protects those who meet certain requirements, allowing them to keep their EU residence card.

The procedures and documents needed to notify the Immigration Office of your change in marital status must be completed within a specific time limit. Missing this deadline may complicate your immigration situation.

The 2 requirements for keeping your residence permit after ending your registered partnership

To keep your residence permit after ending your registered partnership, you must meet two key requirements:

1. Duration of cohabitation: You must have lived with your registered partner for at least three years, one of which must have been in Spain.
2. Special circumstances: If you have children together, are a victim of violence, or meet other exceptional conditions under the law, you may be able to retain your residence status despite ending the partnership.

These requirements are essential to maintaining your legal status in Spain after separation. We recommend consulting an immigration lawyer for personalised advice.

What happens if I get divorced when I only have a residence permit?

If you get divorced and only have a residence permit, you could risk losing your immigration status. However, exceptions may apply in your case.

If your marriage lasted more than three years or you have children together, you can apply to retain your residence status. You must submit the required documents and notify the Immigration Office of your change in marital status.

If you do not meet these requirements, you may need to look for other ways to regularise your status, such as obtaining a residence permit for work or study.

How to avoid losing your residence status after ending the relationship

To avoid losing your residence status after ending a relationship, you must first notify the Immigration Office of your change in marital status. Follow these steps:

• Gather documents proving how long you lived together and any special circumstances that apply to you.
• Submit the application to the relevant Immigration Office within the established deadlines.
• Receive confirmation that your status has been updated in the register.

Following these steps will help you safeguard your right to reside in Spain and avoid legal problems in the future.

Related questions about ending a registered partnership

When can you lose your residence permit?

A residence permit can be lost in various circumstances, for example, if a registered partnership is ended without meeting the established requirements. A prolonged, unjustified absence from the country may also result in the loss of the permit.

It is important to keep up to date with immigration laws and regulations and meet all the requirements to maintain your legal status.

How do I end my registered partnership?

To end a registered partnership, you must go to the relevant Civil Registry and submit an application for dissolution. The process may vary by autonomous community, so we recommend checking the local rules.

You will also need to submit documents proving that you lived together, along with any other documents required by the competent authority.

How do I stop being in a registered partnership?

Ending a registered partnership involves a legal process that must be formalised. You must submit the dissolution to the Civil Registry and meet the established requirements.

It is always advisable to seek legal advice to ensure the process is completed correctly and does not affect your immigration status.

When can you lose your EU residence card?

You may lose your EU residence card if your registered partnership ends and you do not meet the requirements to retain it, such as the required period of cohabitation. In addition, failing to notify the Immigration Office of a change in marital status may result in the loss of your status.

It is essential to understand the rights and obligations that come with an EU residence card and act accordingly.