EU Family Member Residence Card in Spain (EX-19): 2026 Guide

What the EU family member residence card is

The residence card of a family member of a Union citizen is the document that Spain issues to non-EU relatives of a citizen of another EU Member State, of a State party to the European Economic Area Agreement (Iceland, Liechtenstein and Norway) or of Switzerland, when they accompany that citizen or join him or her in Spain. Article 8.1 of Royal Decree 240/2007 states that these family members may reside in Spain for more than three months, being subject to the obligation to apply for and obtain a «tarjeta de residencia de familiar de ciudadano de la Unión».

The card is not a permit granted at the discretion of the administration. It documents a right that you derive from EU law because of your family link, which is why the procedure checks two things: that you are a family member within the meaning of the Royal Decree, and that the EU citizen has a right of residence in Spain. Article 3.1 recognises the right of the persons covered to enter, leave, move and reside freely in Spain, subject to the formalities it sets out.

Switzerland is included by the third additional provision of the same Royal Decree: under the 1999 agreement on the free movement of persons, Swiss citizens and their family members are covered by it. The National Police page describes the card in the same terms, naming EU, EEA and Swiss citizens.

Who counts as a family member of a Union citizen

Article 2 of Royal Decree 240/2007 lists the core family members, whatever their nationality. First, the spouse, provided there has been no agreement or declaration of nullity of the marriage, and no divorce. Second, the registered partner: the person with whom the EU citizen maintains a union analogous to marriage registered in a public register established for that purpose in an EU Member State or an EEA State, provided the registration has not been cancelled. Marriage and registered partnership are, in all cases, incompatible with each other.

Third, the direct descendants of the EU citizen and those of the spouse or registered partner, who are under 21, over that age and dependent, or incapacitated. Fourth, the direct ascendants of the EU citizen and those of the spouse or registered partner who are dependent on them. In both cases the rule applies only while the marriage has not been annulled or dissolved by divorce and the partnership registration has not been cancelled.

Some of the wording of article 2 has been annulled by a Supreme Court judgment of 1 June 2010, as the consolidated text in the BOE shows. Three passages lost effect: the reference to the citizen of «another» Member State, the mentions of «legal separation» as a cause that ends the family link, and the requirement that the partnership register should prevent two simultaneous registrations. Consistently with that, the official information sheet, Hoja 62 of the Ministry of Inclusion, lists the family members of a Spanish citizen alongside those of other EU citizens, subject to the condition explained further below.

The Ministry's information sheet also explains what «dependent» means: relatives whose economic support is provided by the EU citizen and who need material help to cover their basic needs. That dependency must exist in the country of origin. In other words, it is not enough to show that the EU citizen will support you once you are in Spain; you need evidence that he or she was already doing so before you arrived.

Unregistered partners and other relatives

Article 2 bis of Royal Decree 240/2007, in force since 9 December 2015, opens the same regime to two further groups: any other family member, whatever the nationality, who in the country of origin is dependent on the EU citizen or lives with him or her, or whose serious health problems or disability make it strictly necessary for the EU citizen to care for them personally; and the de facto partner (pareja de hecho) with whom the EU citizen has a duly proven stable relationship, even if it is not registered.

For these groups the authorities assess each case individually and must give reasons. Under article 2 bis.4, for relatives they weigh financial or physical dependency, kinship, the seriousness of any illness or disability and the time lived together; a continuous cohabitation of 24 months in the country of origin is deemed proof of cohabitation. For partners, the bond is deemed lasting if at least one continuous year of cohabitation as a couple is proven, or, if the couple has children in common, a duly proven stable cohabitation.

Article 2 bis.3 requires the passport, proof that the EU citizen meets the conditions of article 7, documents proving dependency, kinship and, where applicable, health reasons, disability or cohabitation, and, for a partner, proof of the stable relationship and the time lived together. Hoja 62 adds that an unregistered partner may provide the birth certificate of the children in common.

Family members of Spanish citizens: EX-19 or EX-24

Many readers of this guide are married to, or the parent or child of, a Spanish citizen. Hoja 62 contains an important note on this point: a foreign national with a family relationship to a person of Spanish nationality may use the EU family member route only if the Spanish citizen has exercised the right to free movement. In that case the application is filed with the official form EX-19. Otherwise, the application must be filed with the official form EX-24.

Form EX-24 belongs to a different regime: the temporary residence of family members of Spanish citizens, in chapter VII of title IV of the immigration regulation approved by Royal Decree 1155/2024 (articles 93 and following). Its conditions differ; for example, article 94 covers children under 26 and requires twelve continuous months of cohabitation for an unregistered partner. That route is outside the scope of this guide.

Royal Decree 1155/2024 also contains a transitional rule for people who already held an EU family member card through a Spanish relative when the new regulation came into force. Under its third transitional provision, those holding a valid card at that date keep their residence while they meet the conditions of chapter VII of title IV, without having to file a new application for the residence of family members of Spanish citizens.

EX-19 card or EX-18 registration certificate: the difference

The EU citizen and the non-EU family member do not obtain the same document. The EU citizen registers in the Central Register of Foreign Nationals and receives a registration certificate, applied for with form EX-18. Article 7.5 of Royal Decree 240/2007 requires the EU citizen to apply in person at the Immigration Office of the province where he or she intends to stay or, failing that, at the corresponding police station, within three months of entering Spain. The certificate is issued immediately and shows the name, nationality and address of the person registered, the foreigner identity number (NIE) and the date of registration.

The family member who does not hold EU, EEA or Swiss nationality cannot obtain that certificate; he or she needs the residence card, applied for with form EX-19. The card follows its own procedure: the authorities have up to three months to issue it, and in the meantime the family member holds a receipt. A family member who is also an EU citizen (for example, a French spouse of a German national) does not need the card at all: he or she registers with form EX-18 like any other EU citizen, because article 7.1.d of the Royal Decree gives the right of residence to family members who themselves meet the conditions.

In practice the two procedures are linked. Article 8.3.c of Royal Decree 240/2007 lists among the documents for the card the registration certificate of the EU citizen whom the family member accompanies or joins. So, as a rule, the EU citizen must be registered first, or at least at the same time. Hoja 62 accepts, as the equivalent document for a Spanish citizen, the Spanish national identity card (DNI).

What the EU citizen must prove

Your right to the card depends on the EU citizen's right to reside in Spain for more than three months. Article 7.1 of Royal Decree 240/2007 sets four alternatives: being an employed or self-employed worker in Spain; having, for himself or herself and the family, sufficient resources not to become a burden on Spanish social assistance and health insurance covering all risks in Spain; being enrolled in a recognised public or private educational centre with the main purpose of studying, with health insurance and a declaration of sufficient resources; or being a family member who meets one of those conditions. Article 7.2 extends the right of residence to non-EU family members when the EU citizen meets condition a), b) or c).

Hoja 62 lists the documents for each case. An employed worker can provide the employer's hiring declaration or employment certificate, the employment contract registered with the Public Employment Service or communicated through the CONTRAT@ platform, or the social security registration document. A self-employed worker can provide registration in the Census of Economic Activities, registration in the Commercial Register, or registration with social security.

If the EU citizen does not work in Spain, he or she must prove public or private health insurance, taken out in Spain or abroad, giving coverage in Spain equivalent to the National Health System (pensioners can use a certificate of healthcare paid by the State that pays the pension), and sufficient resources for the citizen and the family, by any means admitted in law, such as property titles, certified cheques, proof of income from capital or credit cards with a bank certificate. Article 7.7 forbids a fixed amount: the personal situation counts, and the amount may not exceed the level below which Spaniards receive social assistance or the minimum social security pension. Hoja 62 adds that resources above the amount set each year by the State Budget Act for a non-contributory benefit are sufficient proof.

If the EU citizen is a student, the documents are the enrolment at the educational centre, public or private health insurance (a European Health Insurance Card valid for the residence period is accepted) and a responsible declaration of sufficient resources. There is an important limit here: article 7.4 states that, for a student, only the spouse or registered partner and the dependent children have a right of residence as family members. A dependent parent of an EU student does not qualify under article 7.4.

Documents for the EX-19 application

Article 8.3 of Royal Decree 240/2007 lists the documents that accompany the official form: the valid passport; proof of the family link, marriage or registered partnership, translated and apostilled or legalised where necessary; the EU citizen's registration certificate; proof of dependency where article 2 requires it; and recent colour photographs on a white background, passport size.

Hoja 62 details the list: form EX-19 completed and signed by the family member; the complete, valid passport; proof of the family link; for an unregistered partner, proof of the stable relationship and the time of cohabitation; proof of dependency for a child over 21 of the EU citizen or of the spouse or registered partner, for a minor child who does not reside in Spain with both parents, and for an ascendant; the Spanish DNI or the EU citizen's registration certificate; and the documents on the EU citizen's situation described above.

As a general rule, Hoja 62 states that copies of the documents must be provided and the originals shown at the time of filing. Bring both: the office keeps the copies and checks them against the originals in front of you.

The passport must be complete, not just the photo page. An expired passport is accepted only with a copy of it and proof that you have applied to renew it.

Translations, apostille and legalisation

Most applicants prove the family link with a foreign marriage, birth or partnership certificate. Hoja 62 states that documents from other countries must be translated into Spanish or into the co-official language of the territory where the application is filed by a sworn translator (traductor jurado). Hoja 62 links to the official list of sworn translators.

Every foreign public document must also be legalised beforehand by the Spanish consular office with jurisdiction in the country that issued it or, where appropriate, by the Spanish Ministry of Foreign Affairs, European Union and Cooperation, unless the document bears the apostille of the competent authority of the issuing country under the Hague Convention of 5 October 1961, or is exempt from legalisation under an international agreement. In practice: if the issuing country is a party to the Hague Convention, you need the apostille; if not, consular legalisation.

There is one exception that saves time and money: EU standard forms, such as the healthcare forms S1, E109 or E121, need neither translation nor legalisation, in accordance with the EU rules that cover them. Hoja 62 mentions them expressly. They are useful when the EU citizen is a pensioner whose healthcare is paid by another Member State.

Where, when and how to file

The application must be filed within three months of your entry into Spain. Article 8.2 of Royal Decree 240/2007 sets that deadline and the place: the Immigration Office (Oficina de Extranjería) of the province where you intend to stay or settle or, failing that, the corresponding police station. Hoja 62 repeats the deadline in the same terms. The National Police page names the Immigration Offices, the Senior Police Headquarters (Jefatura Superior) and the police stations of the locality where you intend to stay or settle.

Filing is personal. Hoja 62 names the family member, personally, as the person entitled to file, in person, and the National Police page also says «personalmente». According to these two sources the procedure is not available online, so check how the office in your province arranges in person filings before going.

On filing, the office hands you a receipt (resguardo). Article 8.2 states that it is issued immediately and that it is enough to prove your situation of legal stay until the card is delivered. The same article adds that holding the receipt may not be made a precondition for exercising other rights or carrying out other administrative procedures, as long as the beneficiary can prove the situation by any other means.

Keep proof of your date of entry: the three months run from it. Under article 4.2 of the Royal Decree, family members without EU or EEA nationality enter with a valid passport and, where the EU visa rules require it, a visa, which is free and processed with priority. A valid family member card issued by another EEA State exempts you from the visa.

The fee: €12.00 and where it is paid

The fee for the card is €12.00. The annex to Orden PJC/617/2025, which sets the immigration fees, lists under heading 4.6 the «Certificado de registro de residente comunitario o Tarjeta de residencia de familiar de un ciudadano de la Unión» with an amount of 12 euros. The same order states that the fees for the EU registration certificate and the EU family member card shall in all cases be equivalent to the fee that Spanish citizens pay to obtain and renew the national identity card. The National Police fee table shows the same €12.00.

The National Police page for the EX-19 procedure lists, among the documents, the proof of payment of the fee on form 790, code 012, and explains where to pay: at banks, savings banks and credit cooperatives, where it is not necessary to have an account, by presenting the payment document. Hoja 62 adds that the fee must be paid before the card is issued.

Keep the stamped copy of form 790 that the bank returns to you as proof of payment.

Decision, validity and the right to work

Article 8.4 of Royal Decree 240/2007 states that the card must be issued within the three months following the application. A favourable decision has retroactive effect: your residence is deemed valid from the proven date of your entry into Spain as the family member of a Union citizen. The National Police page gives the same maximum period of three months to resolve and notify, and states that the effect of not resolving within that period is a refusal. The decision ends the administrative procedure, and the page lists two remedies: an appeal for reconsideration (recurso de reposición) within one month, and a contentious administrative appeal within two months.

Article 8.5 sets the validity: five years from the date of issue, or the planned residence period of the EU citizen if that period is shorter than five years. The National Police page summarises it as five years for the initial card and ten years for the permanent card.

With the card you can work. Article 3.2 of Royal Decree 240/2007 gives the persons covered by it the right to take up any activity, as employees or self-employed, provide services or study, under the same conditions as Spaniards. The original text excluded dependent descendants over 21 and dependent ascendants, but the Supreme Court judgment of 1 June 2010 annulled that exclusion, as the consolidated text in the BOE indicates. You do not need a separate work authorisation.

Article 3.4 extends equal treatment with Spaniards, within the scope of the EU Treaties, to family members without EU or EEA nationality who benefit from the right of residence or permanent residence.

Renewal, permanent residence and keeping the right

After five years of continuous legal residence in Spain, the family member acquires the right of permanent residence (article 10.1 of Royal Decree 240/2007), which no longer depends on the work, resources or studies of the EU citizen. It is lost by absence from Spain for more than two consecutive years (article 10.7).

The non-EU family member then applies for the permanent card. Article 11 sets the rules: the application is filed on the official form during the month before the residence card expires, and may also be filed within the three months after expiry, without prejudice to the administrative penalty that may apply. The authorities must issue it within three months of the application entering the register of the competent body, and the card is renewed automatically every ten years. The documents are the valid passport (or a copy of the expired one and the renewal request), proof of the situation that gives the right to the card, and three recent colour photographs. Interruptions of residence of up to two consecutive years do not affect the validity of the permanent card.

The right also survives certain changes in the family. Under article 9, the death of the EU citizen does not affect the right of non-EU family members who already resided in Spain as family members; they must notify the death. The departure or death of the EU citizen does not end the right of the children, or of the parent with actual custody, while the children reside in Spain and are enrolled in an educational centre, until they finish their studies.

After annulment, divorce or cancellation of the registered partnership, the non-EU family member must notify the authorities and, to keep the right of residence, prove one of the situations in article 9.4: a marriage or registered partnership of at least three years until the start of court proceedings, at least one of them in Spain; custody of the EU citizen's children; particularly difficult circumstances, such as gender violence or human trafficking during the marriage or partnership; or visiting rights to a minor child residing in Spain.

Common mistakes and the role of a representative

The most frequent problems are predictable: missing the three month deadline from entry; foreign certificates without apostille or legalisation, or not translated by a sworn translator; bringing copies without originals; proving the EU citizen's situation with documents that no longer match reality (a contract that has ended, insurance that does not cover all risks in Spain); and, for dependent relatives, evidence of support only after arrival, when Hoja 62 requires the dependency to exist in the country of origin.

Two further mistakes are specific to this route. The first is using EX-19 for the family member of a Spanish citizen who has never exercised free movement: Hoja 62 directs those cases to form EX-24. The second is forgetting the student limit of article 7.4, under which only the spouse or registered partner and dependent children of an EU student have a right of residence as family members.

A representative cannot attend in your place for the filing: Hoja 62 names the family member, personally, as the person entitled to file, and the National Police page says the same. Where representation is useful is everything around that appointment. Under article 5 of Law 39/2015 on the common administrative procedure, people with capacity to act may act through a representative, and representation must be proven to file requests or appeals on behalf of another person; it can be proven by any valid means in law, and a notarial power of attorney is one of them.

In practice, a power of attorney lets a professional prepare and review the file before your appointment, check that the translations and apostilles meet the rules, follow up on the procedure, and file an appeal for reconsideration in your name if the application is refused. Keep in mind that the EU citizen's own registration (EX-18) is also personal: article 7.5 of Royal Decree 240/2007 requires the EU citizen to apply personally.