One of the fundamental requirements for maintaining the Tarjeta de Familiar de Ciudadano de la Unión Europea (EU Family Card) in Spain is the effective cohabitation with the EU or Spanish citizen. Such cohabitation is mainly accredited through the registrationso that a change of registration without notifying the foreigners' registration office can jeopardise residency and lead to the loss of the Community card.
When can the Community Card be lost?
🔹 Change of registration and break in cohabitation
- The community residence is based on coexistence with the community citizen.
- If one of the family members changes his or her registration without justificationis interpreted as breakdown of cohabitationwhich may lead to the termination of the card.
- To avoid this, it is important to notifying a change of address to foreigners.
🔹 Breaking the link with the EU citizen
- If there is divorce, separation or dissolution of the registered partnershipCommunity residence may be lost.
- Exception: The card may be kept if the marriage or relationship has lasted at least three years, one of them in Spainbefore the separation.
- If these requirements are not met, it will be necessary to modify the Community card to a residence under the general scheme (employed, self-employed or settled).
🔹 Insufficient financial means
- Throughout the validity of the card it is compulsory to provide proof of sufficient financial resources.
- If the EU citizen no longer complies with this requirement, the EU card may be revoked.
🔹 Loss of "dependant" status
- Children over 21 years of age y ascendants must demonstrate economic dependence of the EU citizen.
- If they start working on a regular basis and get own resourcesmay lose the right to the Community card.
🔹 Criminal or police record
- Having a criminal record can affect the concession, renewal or maintenance of the Community card.
- The following would be an asset seriousness of the offence and its impact on public order or the security of the country.
🔹 Excessive absences outside Spain
- It is not possible to exceed the 6 months out of Spain in one year.
- In some cases, it can be extended up to one year for justified reasons (training, illness, pregnancy, etc.).
- If this limit is exceeded without just cause, Community residence will be lost.
How can I avoid losing my Community Card?
✔ Keep the registration with the EU citizen up to date.
✔ Notify any change of address to the foreigners' office to avoid problems.
✔ Ensure that the financial means necessary for the residence are maintained.
✔ Not to exceed the allowed time of absence outside Spain.
In the event of termination of the relationship, check whether the conditions for keeping the card are met.
If you have doubts about your EU residency or you need advice to avoid losing your card, at Echeverría Farriols Abogados & Asociados we will accompany you throughout the process.
