Sin categoríaThe Family Member Residence Permit in 2025: a Clear Route to Regularise Residence in Spain

Since 20 May, an important change has come into force for the family members of Spanish citizens. The old EU family member card model no longer applies in these cases. In its place, a specific residence permit has been created, regulated by Royal Decree 1155/2024, with new conditions, rights and procedures adapted to current needs.

This permit is designed for spouses, stable partners, children under 26 or with a disability, dependent ascendants and other relatives who live with or depend economically on the Spanish citizen. The main novelty is that it is no longer governed by EU legislation, but by a national route that seeks to give applicants more clarity and legal certainty.

Among the most relevant changes is the possibility of filing the application directly in Spain if the relative is already in the country. During a six-month transitional period (until November 2025), it will not be necessary to return to the country of origin to start the process. In addition, the resolution period has been shortened: the administration must issue a response within a maximum of 45 working days.

Another aspect to bear in mind is that, from the moment the application is filed correctly and completely, the family member can work legally and access public healthcare and education. This is an important advance over the previous system, where many people remained in legal limbo while awaiting a decision.

The new regulation also facilitates the recognition of unregistered de facto couples. If there is a child in common or cohabitation of at least one year can be proved, the relationship is considered valid for the purposes of obtaining residence. The right of residence is also protected in cases of separation or death of the Spanish citizen, provided there was a stable relationship or there are children in common.

Another point worth highlighting is the extension of the admitted relatives. Not only direct ties (parents, children, partner) are covered, but also other relatives such as siblings, nephews and nieces or legal carers, provided cohabitation or economic dependence is proved. This allows real family situations that until now remained outside the rules to be included.

Thanks to these improvements, the family member residence permit consolidates itself as a key tool for the regularisation of foreign nationals who are already part of Spanish society. Beyond the paperwork, it represents an opportunity to access a stable life, with recognised rights and a future project.