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News
COMMUNITY FAMILY RESIDENCE AND DIVORCE
- 03/06/2024
- Family
Community family residence and divorce
It is true that the community family residence card is very useful when the requirements for the benefits of benefiting from the community regime are met. Now, what happens to community residence in the event of divorce?
We must differentiate between two situations, as indicated by the Royal Decree on Immigration:
A) The marriage or de facto union has lasted at least three years. In this case I will maintain the right to community residence.
It will be essential that you notify the immigration office within a maximum of 3 months from the date of the divorce or termination of the de facto union resolution.
The right to community family residence may also be maintained in the event of divorce when:
Has been a victim of abuse
You have had a common child and he is a minor (even without having custody he has visitation rights)
B) The marriage or de facto union has NOT lasted three years. Here I will have to make a modification to the general regime.
I must also communicate the divorce or dissolution of the de facto union to the immigration office along with the modification to the general regime within a maximum period of 3 months.
On the other hand, if I have family members who also depended on my ex-partner or ex-spouse, they must also request the change to the general regime.
It will be important for us to know that the 3-year period is counted until the divorce application is filed or, from the date of request for the termination of the de facto couple and NOT, until the date of the judgment or resolution.
If you have been divorced and need advice with your community relative residence card, contact me and I will advise you