Authorization for Independent Residence of Reunified Family Members

This authorization allows holders of family reunification residence to obtain independent residence and work, separate from the sponsor.

Basic Regulations

• Directive 2003/86/EC, of September 22, on the right to family reunification.
• Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration (articles 16 to 19).
• Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20 (articles 59 and 60).

Requirements for Independent Residence Authorization for Reunified Family Members

• Not being a citizen of the European Union, the European Economic Area, or Switzerland, nor a family member of citizens of these countries.
• Being the holder of a temporary residence authorization through family reunification.
• Having paid the fee for processing the procedure.

Situations

• Spouse or Reunified Partner:
  • Separation, divorce, or cancellation of the registered partnership: Must have lived in Spain with the sponsor for at least two years.
  • Victim of gender-based violence: Existence of a report from the Public Prosecutor’s Office or a protection order issued by a court.
  • Death of the sponsor.
• No outstanding debts with the administration and meeting one of the following conditions:
  • Having sufficient financial resources for a non-lucrative residence (400% of the IPREM).
  • Having one or more employment contracts with the minimum wage.
  • Meeting the requirements for self-employed residence and work.
• Children or dependents reaching the legal age:
• Having resided in Spain for five years.
• Meeting one of the following conditions:
  • Having one or more employment contracts with the minimum wage.
  • Meeting the requirements for self-employed residence and work.
  • Having sufficient financial resources for a non-lucrative residence (400% of the IPREM).

Ascendants:

• Meeting the requirements for obtaining residence and work authorization as an employee, self-employed, or as a highly qualified professional.

Documentation for Independent Residence Authorization for Reunified Family Members

Generally, you need to submit copies of the documents and present the originals at the time of the independent card application.

Basic Documents

• Application form in official model: You can use one of these: (EX-01), (EX-03), (EX-07), or (EX-11). It must be completed, signed in duplicate, and submitted by the foreign national.
• Copy of the valid passport, travel document, or residence card.

Additional Documents Based on the Situation

Spouse or Partner:

• Termination of the Relationship: Documents proving the separation, divorce, cancellation of registration, or end of cohabitation.
• Gender-based violence: Report from the Public Prosecutor’s Office or a valid protection order.
• Death of the sponsor: Death certificate.

Children or Dependents who have Resided for Five Years:

• No additional documentation is required; the Immigration Office will verify this requirement.

Spouse, Partner, Children, or Dependents Applying Based on Economic Means:

• Non-lucrative residence: Documents proving you have at least 400% of the IPREM.
• Residence and work as an employee: Copy of the work contract(s).
• Residence and work as a self-employed individual: Check specific information for this type of authorization.

Ascendants:

• Check the information based on the type of authorization you are applying for (work as an employee, self-employed, research, or highly qualified professional).

Who Can Submit the Application?

The family member being reunified can submit the application personally, except in the case of ascendants, work permits, research, or highly qualified professionals, where the application must be submitted by the employer or business owner, either personally or through a legal representative.

Where is the Application Submitted?

At the Immigration Office of the province where the foreign national resides, except in the case of ascendants with the employer as the applicant, where the application is submitted at the Immigration Office of the province where the activity will take place. You can find the contact information for the Immigration Offices.

Fees

• Spouses and children:
  Model 790, code 052, item 2.4 “independent residence of rejoined family members,” to be paid by the foreign national.
• Ascendants:
  The amount will depend on the type of authorization requested.

Resolution Deadline

• The resolution notification deadline is three months, except for ascendants, where it depends on the type of authorization.

• If there is no response within this timeframe, the request is considered denied due to administrative silence.

• Notifications will be published in the Tablón Edictal Único (TEU) or on the electronic headquarters, as appropriate.

Effectiveness of the Authorization

• In the case of work contracts or self-employment activity authorization, the authorization is only effective after registering with the Social Security within one month from the notification.

Application for Foreign Identity Card (TIE)

• It must be requested within one month from the notification of the concession, at the relevant Immigration Office or Police Station.

• The applicant must present:
  • TIE application (model EX-17).
  • Proof of payment of the fee.
  • A recent color photograph, passport size with a white background.
  • Documentation that accredits representation if the reunified family member is a minor.

Validity of the Authorization

The duration depends on the previous time of residence under family reunification, with a minimum of one year, except in cases of domestic violence, where the validity is five years.

Other Reunified Family Members

If the authorization is granted due to the dissolution of the marital relationship, domestic violence, or a crime in the family environment, other reunified family members will maintain their family reunification residence and will depend on the family member with whom they live.

Family Reunification by the Holder of the Independent Authorization

• Foreign nationals with this authorization can reunify their family members if they meet the requirements.

• In the case of ascendants, long-term residence authorization is required, except if they have minor children or dependent children with disabilities.

Do You Have Questions About the Process or Need Help with Your Application?

Contact Lexmovea! We offer specialized legal advice and comprehensive management of procedures to facilitate your residence modification process.