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How to obtain independent residency in cases of gender-based violence

How to Obtain Independent Residency in Cases of Gender Violence

Gender violence is an issue that affects many people in Spain, and the Spanish legal system offers specific protections for those experiencing this situation. One of the measures that can be taken is to request independent residency, which allows victims to live autonomously and safely. Below, we explain how to obtain this residency under current legislation.

Who Can Apply for Independent Residency?

To be eligible for independent residency due to gender violence, you must meet certain requirements:

  1. Victim of gender violence: You must be a victim of violence perpetrated by a spouse or partner, whether de facto or legal.
  2. Police report: It is essential that a report has been filed with the relevant authorities regarding the acts of violence.
  3. No residency permit: If you do not have a residency permit in Spain or if your immigration status is irregular, you can apply for this type of residency.

Process to Obtain Independent Residency

1. Gather the Necessary Documentation

To start the process, you must collect the following documentation:

  • Police report: A copy of the report filed with the police or the court.
  • Case report: A document evidencing the situation of gender violence issued by social services or a specialized entity.
  • Personal documentation: ID, passport, or any document proving your identity.
  • Additional evidence: Any other document that can support your situation, such as medical reports or testimonies.

2. Apply for Residency

Once you have all the documentation, you must submit your residency application to the Foreigners Office corresponding to your place of residence. It is important to do this as soon as possible, as timing is a crucial factor in these cases.

3. Wait for the Resolution

After submitting the application, you will need to wait for the decision on it. If approved, you will be granted a one-year renewable residency permit, allowing you to live independently.

Important Aspects to Consider

  • Legal advice: It is highly recommended to obtain the advice of a lawyer specializing in immigration and gender violence to ensure that all steps are followed correctly.
  • Additional protection: As a victim of gender violence, you have the right to access protection and assistance programs that can provide you with psychological support, housing, and financial resources.

Conclusions

Obtaining independent residency in cases of gender violence is a right that protects victims and allows them to begin a new life free from violence. If you find yourself in this situation, do not hesitate to seek the necessary help and follow the appropriate steps to ensure your well-being.

Written by:
Ariana Pérez
Visa and Residency Lawyer
Publication date: November 7, 2025

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