Hi,

I am an Australian and have been married for over 2 years to a Spaniard and at the moment we are considering a separation and a divorce. However, I would like to live where some of my close relatives are in Germany. If separated and/or divorced would the N.I.E Comunitario be valid in other EU countries to transfer residencies or would my residency be invalid at the point of separation.

Hi

I am afraid that your residency permit will be cancelled after being divorced, unless you can obtain a work permit and then apply for your new residency permit.

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Regards

Javier Moya

If one has been married for over 2 years, is one entitled to retention right of residency? I have proof we were together for longer than 2 years in the U.S, unfortunately things broke down when I started living with him in Spain

As far as I know Spanish residency and NIE, although part of an EU law for EU citizens, are unique to Spain and if you relocate to another EU country you would have to go through their processes to comply.

I would assume divorce loses your EU status