# Residency After Divorce



## GreenGreen88 (Apr 22, 2016)

Hello all,

Please before I begin if you have judgements please keep them to yourselves. This is a very hard time for me going through divorce and I just am looking for some advice.

I have a residency (5 years in total, 1.5 years passed) through marriage to my partner here in Spain. We have decided mutually that we want a divorce. I have 3.5 years left on my residency permit. What is going to happen? Does that 3.5 years not count anymore? Can I not stay? Do I need to leave?

I cannot find any clear information online. 

Any information would be appreciated. Please be considerate in your responses that this is a really sensitive subject.


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## Juan C (Sep 4, 2017)

I suggest you go to the Foreigner’s Documentation office of the National Police where you are living and ask. They will know.

Not that it helps you, but if one has permanent status, which I believe is after the renewal at 5 years. If one’s circumstances change divorce, spouse dies etc., one must report that immediately, but they can stay permanently. 
,


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## xabiaxica (Jun 23, 2009)

Once you have been a legal registered resident for 5 years, you are automatically considered to be a permanent resident, so you don't have to leave. As a non-EU citizen, your residencia should now state that you are a permanent resident.


Your right to residency is no longer linked to your marriage.


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## Chopera (Apr 22, 2013)

xabiachica said:


> Once you have been a legal registered resident for 5 years, you are automatically considered to be a permanent resident, so you don't have to leave. As a non-EU citizen, your residencia should now state that you are a permanent resident.
> 
> 
> Your right to residency is no longer linked to your marriage.


But I think the OP has only been resident for 1.5 years and therefore not considered a permanent resident. Also I thought that the automatic permanent residency after 5 years only applied to EU nationals? Non-EU nationals might have to jump through some hoops?


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## xabiaxica (Jun 23, 2009)

Chopera said:


> But I think the OP has only been resident for 1.5 years and therefore not considered a permanent resident. Also I thought that the automatic permanent residency after 5 years only applied to EU nationals? Non-EU nationals might have to jump through some hoops?


The 5 years is the same for everyone, but non-EUs get a 'permanent residency card', EU don't have to do anything.

I read the post that he had reached the 5 years 1.5 years ago - but on re-reading you might be right! Let's hope he'll come back & clarify.


Yes, if he's only been resident 1.5 years that's a different matter entirely. His entitlement to live here is dependent on his marital status & he almost certainly won't be allowed to stay


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## Juan C (Sep 4, 2017)

xabiachica said:


> Yes, if he's only been resident 1.5 years that's a different matter entirely. His entitlement to live here is dependent on his marital status & he almost certainly won't be allowed to stay


That was why I said, "I suggest you go to the Foreigner’s Documentation office of the National Police where you are living and ask. They will know"

I did some research on line and it would appear the OP will have problems


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## angkag (Oct 29, 2013)

Chopera said:


> But I think the OP has only been resident for 1.5 years and therefore not considered a permanent resident. Also I thought that the automatic permanent residency after 5 years only applied to EU nationals? Non-EU nationals might have to jump through some hoops?


That's how I read it too. That OP obtained the 5 year temp residency card 1.5 years ago and has 3.5 years to go before reaching the '5 years resident in Spain' milestone, at which time can convert to permanent residency if requirements met at that time.

Are there children involved ? If so a few other things can kick in that enable the OP to stay.


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## cermignano (Feb 9, 2017)

Get some legal advice


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