Question
I moved to Spain from Australia with my Spanish girlfriend (Pareja de Hecho) to have our child born here and for her to return to her family after many years overseas. I got a family reunification visa through her. Three years on, the relationship has soured, and a breakup is imminent. I would like to stay in Spain for my son and generally prefer the lifestyle here over my home country.
I was hoping I could change my visa with my partner to one based on my son, but I’m not finding anything that accommodates that. Does anyone know if that is possible, or if there are other visa options that could see me through to the 10-year mark to qualify for citizenship?
Answers
These are the answers of Spainguru’s Facebook group members:
“You can get arraigo familiar through your Spanish citizen child.”
“My visa is as a mother of a Spanish child. Arraigo familiar, not social—permiso de residencia por arraigo familiar. It’s actually one of the easier visas to get if you can handle the standard runaround and hard time they will give you. Requirements are low.”
“As far as I know, for people who did Pareja de Hecho, their status continues even if they break up after three years. You can continue residing in Spain and apply for permanent residence after five years.”
“If you have been in a Pareja de Hecho for three years, you can keep your current residency card even after the breakup. However, you must notify the Extranjería of the cancellation within 60 days. When your residency card expires, you have the right to apply for a new tarjeta de familiar comunitario.”
“You can get permission to stay and work through your child until they’re an adult. During that time, I’d make sure to fix up your documents or become a citizen so you can stay after they turn 18. Also, ensure your child’s Australian papers are in order, just in case life takes you in another direction.”
Conclusion
According to Spainguru’s Facebook group members, a breakup after three years of Pareja de Hecho does not automatically mean losing residency. If the relationship lasted for at least three years, the non-EU partner can continue residing in Spain and later apply for a permanent residence permit.
Alternatively, the arraigo familiar permit offers another path, allowing the parent of a Spanish citizen child to apply for residency. The process is reportedly straightforward, but ensuring all documentation is in order is crucial. Additionally, notifying Extranjería within 60 days of the breakup is mandatory to avoid complications.
For those in similar situations, legal guidance is advisable to navigate the best course for staying in Spain long-term.
