Spanish residence validity

[Duguqiubai]

I am a Chinese, married with a Spanish, and living in Spain for more than 4 years, currently holding a Europe Union family residence card "tarjeta de residencia de familiar de ciudadano de la Unión Europea", which will be expired in 2015. We decided to get divorce in the coming month in Spain, the law process will be initiated next week.
I noticed that the residence can be kept when the marriage over three year, but this is not my case, it is still need two month to reach three year since my marriage date. So I would like to know if I can live and exit/enter Spain normally with my current residence card till it expired, or I have to exit Spain and apply another VISA+residence? If my current residence invalid due to divorce, then how long I can stay in Spain legally? And what should I do after divorce in order to update the status of residence?
Thank you in advance.

[Patricia]

Hello Duguqiubai,

You can certainly apply for a modification of you residence card to a salaried/ self-employed work and residence permit or Non Lucrative residence permit under regimen General if you can prove you have been married for at least 3 years and living in Spain for one year. This has to be proved once you are officially divorced, that is, once the divorce sentence has been issued. This means that if you just started the court dealings regarding the divorces, by the time you are officially divorced you will have been married for 3 years, as I understand the divorce proceedings take a while.

Once you are divorced you have to notify the Immigration office about the new situation and apply for the modification of your residence card accordingly. In the meantime, you will be able to use you valid residence card. Please note you must notify the new situation within 6 months since the divorce has been registered, otherwise you will be sanctioned.

You can read here the requirements of the modification of a residence card due to divorce application ( there are three options ).

- Salaried option (http://extranjeros.empleo.gob.es/es/informacioninteres/informacionprocedimientos/Ciudadanosnocomunitarios/hoja076/index.html)
- Self Employed Option (http://extranjeros.empleo.gob.es/es/informacioninteres/informacionprocedimientos/Ciudadanosnocomunitarios/hoja077/index.html)
- Non Lucrative (http://extranjeros.empleo.gob.es/es/informacioninteres/informacionprocedimientos/Ciudadanosnocomunitarios/hoja075/index.html)

Also, you can download here (http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Modelos_comunicaciones/COMUNICACION-CAMBIO-SITUACION.pdf)the notification of new situation form that has to be filed at the corresponding immigration office as soon as you are divorced.

If you need to discuss your case in detail please contact us.

Regards