The Community Card, officially known as the Tarjeta de Residencia de Familiar de Ciudadano de la Unión (Residence Card for a Family Member of an EU Citizen), is a crucial document for non-EU nationals who are family members of a citizen from the European Union (EU), the European Economic Area (EEA), or Switzerland.
Over time, the information on this card can change: a new marital status, a change of address, or the necessity for renewal. Updating these details is a legal obligation for the holder and their family members. Failure to do so can lead to administrative problems and potentially the denial of a future Community Card application.
In this guide, we explain when and how to notify the Spanish Administration of these changes.
What Changes to the Community Card Must Be Reported?
The most common changes that must be reported to the Oficina de Extranjería (Foreigners’ Office) are:
- Change in Marital Status: If the holder of the Community Card gets married, divorced, or legally separated, this must be reported. Marriage to an EU citizen might even change the type of residence card you hold.
- Change of Address: This is one of the simplest, yet most frequently forgotten, notifications. The holder must communicate any change in their place of residence.
- Change in Family Situation (e.g., Birth of a Child): If a child is born who is a family member of an EU citizen, they are also entitled to obtain the Community Card.
- Card Renewal: The Community Card has a limited validity period. Before it expires, you must initiate the renewal process. If you have resided in Spain for more than five years, you may apply for a permanent residence card.
Verification Note: According to official regulations (Royal Decree 240/2007, article 14, amended by RD 987/2015), family members must report any change in circumstances that may affect their residence right within a period of three months.
How to Report Changes to the Community Card
The process for reporting and updating the Community Card is managed through the Foreigners’ Office corresponding to your place of residence. The steps are as follows:
- Application and Prior Appointment: The first step is to request a prior appointment (cita previa) through the Electronic Headquarters of the Public Administration. For this procedure, you should look for the option “Modification of data of the family member of an EU citizen.”
- Documentation: The required documentation varies depending on the type of change you need to report:
- Change in Marital Status: Copy of the EU citizen’s ID (DNI) and the marriage certificate or divorce decree (duly legalised and translated if issued abroad).
- Change of Address: Up-to-date Certificado de Empadronamiento (registration certificate) from the local town hall.
- Birth of a Child: The child’s birth certificate and the EU citizen’s ID or passport.
- Renewal: This process is more detailed. It requires the application form (Modelo EX-19), passport, a copy of the previous card, proof of sufficient financial means, and comprehensive private or public health insurance.
- Fee Payment: For certain procedures, such as the issuance of a new card, the corresponding fee must be paid using the official form Modelo 790, Code 012.
- Submission: At your appointment, you must present all original documentation along with copies. It is highly recommended to have all documents in perfect order to expedite the process.
Deadlines and Key Considerations
- Reporting Changes: The holder of the Community Card is legally obliged to notify changes in their personal situation within three months from when the change occurs.
- Renewal: The card renewal must be requested within the 30 days prior to its expiration date. The law permits submission up to 90 days after expiration, but this may incur a penalty or fine.
- Administrative Silence (Silencio Administrativo): The Administration has a period of three months to resolve requests for modification of the Community Card. If there is no response within that time, the request is generally understood to be favourable (approved) by administrative silence, although it is always prudent to confirm the definitive resolution.
Frequently Asked Questions (FAQs)
What happens if I forget to report a change of address on my Community Card?
Failing to report an address change, while common, is a breach of your legal obligation. It can lead to difficulties when the Administration needs to contact you for official notifications and could potentially result in minor fines or delays in future procedures, such as renewal or other immigration applications.
Can I apply for the permanent Community Card after five years of residence?
Yes. After continuous legal residence in Spain for five years as a family member of an EU citizen, you can apply for the permanent residence card. This card, valid for ten years, provides greater stability and is less restricted by the ongoing situation of the EU family member.
How do I know which documentation I need for my specific change?
The specific documentation is always published on the official government portals. For the most accurate and current list, you should check the official Ministerio del Interior or Secretaría de Estado de Migraciones websites under the “Modification of residence data” section (Modificación de datos de residencia). Always ensure foreign documents are apostilled or legalised and officially translated into Spanish.
Keeping the information on your Community Card updated is essential to avoid future problems. A simple change of address or marital status can have a significant impact on your legal status if not reported in time. Following the steps indicated and being aware of the deadlines will allow you to enjoy your stay in Spain with complete peace of mind.
If you need personalized assistance, at Entre Trámites we offer management and advisory services on immigration matters. You can contact us through this contact form for us to call you, or if you prefer, you can schedule a free consultation or write to us on WhatsApp.
