How to Maintain Residency After the Death of the Sponsor

Family reunification in Spain allows foreigners to obtain a temporary residence permit, provided they meet certain requirements. However, the death of the sponsor can create uncertainty about the immigration status of the reunited family member. In this article, we will discuss how to maintain residency under these circumstances.

Situations That May Arise

When the sponsor (the person who applied for family reunification) passes away, the reunited family member may find themselves in a delicate situation. It is crucial to know the available options to avoid losing the residence permit.

Options to Maintain Residency

Renewal Application: If the reunited family member has been residing in Spain legally and continuously for at least one year, they can apply to renew their residence card. This application must be submitted within 90 days before the expiration of the current card.
Change of Status: Depending on the circumstances, the reunited family member may be eligible to apply for a new residence permit for different reasons, such as work or studies. This option is viable as long as the necessary requirements for the new regime are met.
Establishing Family Ties: If the reunited family member has direct relatives in Spain (such as children or a spouse) who are Spanish citizens or permanent residents, they can apply for residency based on these ties.

Procedure to Follow

To maintain residency after the death of the sponsor, the reunited family member should follow these steps:

Gather Documentation: It is essential to compile all necessary documents, such as the death certificate of the sponsor, the valid residence card, and any evidence supporting their family situation.
Submit the Application: The application must be submitted to the appropriate Foreigners Office, along with the required documentation.
Wait for the Resolution: After submitting the application, it will be necessary to wait for the administration's resolution. It is advisable to monitor the status of the application.

Deadlines and Important Considerations

It is crucial to act quickly. The regulations set specific deadlines for submitting applications, as well as for renewing residence cards. Failing to act within these timeframes may result in the loss of immigration status.

Additionally, it is advisable to seek specialized legal advice in immigration matters to facilitate the process and increase the chances of success in the application.

Conclusion

Maintaining residency after the death of the sponsor is a process that requires attention and diligence. By understanding the options and following the correct steps, the reunited family member can retain their status in Spain and continue enjoying the rights that correspond to them.

Written by:
Ariana Pérez
Visa and Residency Lawyer
Publication Date: August 13, 2025