Many non-EU citizens are currently resident in Spain under a Visa obtained due to the fact that they are married to either a Spanish person or an EU-Citizen. Since their residency rights depend upon their relationship with their partner, the validity of those rights may be called into question should the relationship terminate.
Nonetheless, should the non-EU citizen find themselves in any of the following circumstances, they may maintain their residency status, though please note it is necessary take action quickly in order to preserve their residency rights (see further below):
- The marriage lasted at least 3 years
- Following the divorce or separation, custody of any children, born as a result of the relationship, is attributed to the non-EU citizen, or indeed visitation rights
- The non-EU citizen was subject to some form of domestic violence which resulted in the separation or divorce
Should any of the above circumstances pertain, the non-EU citizen must visit the appropriate government department responsible for immigration matters to inform them which of the circumstances apply to them, in order to maintain their residency rights.
Should none of the above circumstances apply to the non-EU citizen, they must reapply for residency based on any other of the options available to non-EU citizens to gain residency rights in Spain.