Independent family residence — which legal route applies?
Read the legal basis of your current permit first. Ordinary independence, Spanish-family independence and EU retention are separate tasks.
Can every family permit become independent?
No. First identify your current permit.
Ordinary family residence uses Article 69; Spanish-family authorization uses Article 99; EU-family residence uses Article 9 retention.
A student-family stay is outside these three routes.
Does everyone have to wait five years?
No. Under Article 69, a spouse/partner can qualify after one year of family authorization plus qualifying own means or work.
Children and event-based routes have different conditions.
Do not transfer that rule to Spanish or EU-family permissions.
Ordinary family residence
Article 69 distinguishes spouse/partner own-means or work grounds, relationship events, adult children and Blue Card cases.
Divorce, violence and death have their own evidence and six-month triggers; open the matching filing task before calculating a deadline.
EU family residence
Article 9 retention requires the relevant event communication and evidence.
Do not substitute Spanish EX-24, invent an EX-19 independence box, or move directly to a permanent-card application.
What to do
Choose the framework before collecting independence documents.
Bring
- Passport and current resolution/card
- Evidence identifying the original legal framework
- Ground-specific work/means or event documents
Steps
- Read your resolution and identify the actual permit category.
- Ordinary family: read Article 69 and identify the work/means or event ground.
- Spanish family: use Article 99 for the qualifying relationship event.
- EU family: use Article 9 to notify the event and prove retention.
- Record your event date and preserve the current resolution and card.
Basis
RD 1155/2024 Articles 69 and 99 concern different authorizations. RD 240/2007 Article 9 concerns personal retention of EU-family residence rights.