Temporary residence for family members of Spanish citizens is regulated by the Reform of the Immigration Regulation, which introduces a series of significant modifications regarding residence authorization for the relatives of Spanish citizens. This authorization is similar to the Community Family Member Card, but it includes new provisions that expand the requirements and application procedures. In this article, we explain all the details about this new residence card, the family members who will benefit, the requirements they must meet, and the application process.
What is Temporary Residence for Family Members of Spaniards?
Until now, family members of Spanish citizens who wanted to reside in Spain could choose between two different routes: the community card or family-based residency. However, these options caused confusion due to the different requirements and processes involved.
With the new reform of the Immigration Regulation, this procedure is unified through the creation of a new residence card for family members of Spaniards, which, like the community card and family-based residency, will be valid for 5 years. Under the new family-based residency regulation, this card will begin its validity from the granting of the card if the applicant is already in Spain, or from the entry into the country if the applicant is outside Spanish territory.
With this new card, family members will be able to legally reside and work in Spain, both as employees and self-employed, greatly simplifying the process.
Advantages of the New Card for Family Members of Spaniards
The new residence card offers several advantages and improvements over the previous system:
- Unified Procedure
- Now, all family members of Spanish citizens can apply for a single residence card.
- Right to Family Reunification
- Holders of this card will be able to bring their own family members to Spain.
- Provisional Work Authorization
- Upon applying for residence, the applicant can start working on a provisional basis while the application is being processed, significantly reducing waiting times.
- Visa for Family Members
- A specific visa for family members of Spaniards is introduced for all cases, allowing the family member to enter Spain to apply for the card.
- Family Members Who Can Apply for Residence
Family Members Who Can Apply for Residence as a Family Member of a Spaniard
The reform broadens the list of family members of Spanish citizens who can apply for this temporary residence authorization, including not only direct family members but also certain extended family members. Below is a list of who can apply:
- Spouse of the Spanish citizen.
- Registered partner in a Public Register of Domestic Partnerships.
- Stable partner of the Spanish citizen, either through cohabitation or if they have children together.
- Children under 26 years old or older, as long as they are financially dependent on the Spanish citizen.
- Direct ascendants in the first degree dependent on the Spanish citizen, who have no family support in their country of origin (the age limit for considering them dependent has been increased from 65 to 80 years).
- Father, mother, or guardian of a Spanish minor.
- Caregiver of the Spanish citizen who has been recognized as having a degree of dependency according to Law 39/2006, of December 14 (the Dependency Law).
- Children of Spanish nationals by birth, with the definition expanded and the concept of “originally” Spanish removed.
- Other extended family members in Spain who are dependent on the Spanish citizen.
The Concept of “Being Dependent”
One key point of the reform is the definition of “being dependent.” Legally, being dependent means having economic, physical, or cohabitation dependence. This concept must be demonstrated with clear evidence, and the new reform establishes that:
- For economic dependence, money transfers must be at least 51% of the Gross Domestic Product (GDP) of the family member’s country of origin.
- The Spanish citizen must also prove they have sufficient means to support their family member, either with their own funds or through assets.
- Additionally, it will be presumed that ascendants over 80 years old are dependent on the Spanish citizen, which marks a significant change from the previous 65-year-old limit.
What Does Being a Dependent Family Member Mean?
Until now, the concept of “foreign person dependent” has been somewhat ambiguous, leading to various interpretations and difficulties in applying the regulations. However, the Immigration Regulation provides a clearer and more precise definition of this term.
According to the legislation, a foreign person is considered dependent on another when there is a situation of economic, physical, or cohabitation dependence on the family member supporting them. This dependence must be:
- Stable and sustained over time.
- Demonstrable in the applicant’s country of origin or residence.
Requirements for Residence for Family Members of Spaniards
The requirements for applying for this residence card are divided into two categories: those that must be met by the Spanish citizen and those that must be met by the foreign family member.
Requirements for the Spanish Citizen:
- A complete copy of the passport.
- A declaration confirming that if the application is made by a partner or spouse, the Spanish citizen is not living with another spouse or partner.
Requirements for the Foreign Family Member:
- A document proving the family relationship with the Spanish citizen (e.g., marriage or birth certificate).
- Certificates of dependency or proof of being financially dependent, if necessary (including extended family).
- Proof of cohabitation or common children for stable partners.
- Proof of economic dependence or cohabitation if necessary.
Application for Residence for Family Members of Spaniards
The application for residence authorization can be made both in Spain and outside the country. Family members who are in Spain can submit their application directly here. However, ascendants and extended family members must apply for a visa at the Spanish Consulate in their country of origin or residence, as they cannot submit the application directly from Spanish territory.
Visa for Family Members of Spaniards
The reform also introduces the creation of a specific visa for family members of Spaniards. This is a significant advancement, as the process for applying for the authorization and the visa will be more transparent and guaranteed, with an initial authorization process in Spain followed by visa processing. This adds legal security to the procedure.
Right to Work with the Residence Application
One of the most notable changes is that family members of Spaniards will be able to work in Spain once they have applied for temporary residence. Although working was previously allowed with the Community Family Member Card or Community Family Residence, the new regulation extends this possibility to family members who are in the process of applying for temporary residence.
Frequently Asked Questions About Temporary Residence for Family Members of Spaniards
- Can I apply for Temporary Residence for Family Members if I am already in Spain? Yes, family members who are already in Spain can apply for temporary residence directly at the Immigration Office, except for ascendants or extended family, who must submit their application at the Spanish Consulate in their country of origin or residence.
- How does the visa for family members of Spaniards affect the process? With the reform, family members of Spanish citizens who are outside Spain must obtain a visa at the Spanish Consulate before entering the country. This visa will allow them to travel to Spain and complete the application for the 5-year temporary residence card. For family members already in Spain, the process will be faster, and they can apply directly in the country.
- What is the duration of the residence card for family members of Spaniards? The temporary residence card for family members of Spanish nationals will be valid for 5 years. This permit starts counting from the granting of the card if the applicant is already in Spain, or from the entry into the country if the applicant is outside Spanish territory.
- Can I bring my family members to Spain if I obtain this card? Yes, holders of the temporary residence card can exercise the right to family reunification, allowing them to bring other family members to Spain under the same terms.
- Can I apply for temporary residence for adults in Spain? Yes, you can apply for temporary residence in Spain if you meet certain requirements mentioned in the article. Common options include non-lucrative residence, family reunification, or residence permits based on arraigo. Each case has specific requirements, so it is important to consult with a lawyer.