Residence Options After the Death of an EU Citizen Relative

The loss of a family member who is a citizen of the European Union (EU) can raise questions regarding immigration status and residence options in Spain. Below, the available alternatives for individuals in this situation are detailed, based on current Spanish immigration legislation.

Residence Based on Family Union

1. Right to Continue Residence

According to Article 20 of Law 12/2009 of October 30, family members of an EU citizen have the right to continue residing in Spain after the death of their relative, provided certain conditions are met. To benefit from this right, the applicant must have been legally residing in Spain with the EU citizen.

2. Necessary Documentation

To process the residence after the death of the relative, it is important to present the following documentation:

• Death certificate of the EU citizen relative.
• Documentation proving the family relationship, such as a family book or marriage certificate.
• Proof of residence in Spain with the deceased relative, such as rental contracts, bills, etc.
• Application for the residence certificate as a family member of an EU citizen.

Residence for Exceptional Circumstances

3. Residence for Humanitarian Reasons

If the previous requirements to continue residence are not met, a residence permit may be requested on humanitarian grounds. This option is intended for those who can demonstrate that their personal situation has been severely affected by the loss of the relative.

4. Required Documentation

For this application, it is necessary to present:

• Detailed explanation of the personal circumstances justifying the application.
• Documentation supporting the personal situation, such as medical or psychological reports if applicable.
• Proof of ties to Spain, such as length of residence, social or work connections.

Application for Long-Term Residence

5. Long-Term Residence

If a person has resided in Spain for five years or more, they may apply for a long-term residence permit, regardless of the death of the EU citizen relative. This status grants rights similar to those of a Spanish citizen.

6. Requirements for Long-Term Residence

The requirements include:

• Proof of five years of legal and continuous residence in Spain.
• Compliance with tax obligations and social security.
• No criminal convictions for offenses resulting in a prison sentence of over one year.

Conclusion

It is essential to act quickly and gather all necessary documentation to properly manage residence status after the death of an EU citizen relative. It is advisable to seek the assistance of a specialized immigration lawyer to ensure compliance with all legal requirements and to facilitate the process.

Written by:
Javier Dominguez
Expert Immigration Lawyer
Publication date: December 6, 2025

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