EU Family Member Residence Card

The Family Member Residence Card of an EU Citizen (Tarjeta de residencia Comunitaria España) is an essential document for individuals who wish to legally reside in Spain through their family relationship with an EU citizen. At Lexmovea, we offer comprehensive advisory and management services for obtaining and renewing this permit, ensuring a smooth process in compliance with current regulations to secure your initial EU Family Member Residence Card.

What is the EU Family Member Residence Card in Spain?

Who is eligible for the Family Member Residence Card?

This service is intended for non-EU family members (spouse, partner, ascendants, and descendants) who accompany or join an EU, EEA, or Swiss citizen already registered in Spain’s Central Registry of Foreigners.

Who can apply for it?

• Spouses or registered civil partners of EU citizens.
• Unregistered civil partners in special cases.
• Children under 21 years old or older dependents of the EU citizen or their spouse/partner.
• Direct ascendants (parents) dependent on the EU citizen or their spouse/partner.
• Unregistered partners with a relationship equivalent to marriage, who can prove one year of cohabitation or have children in common.
• Extended family: This includes siblings, grandparents, grandchildren, or other dependent relatives. They may qualify as family members of an EU resident if they can demonstrate dependence on the Spanish citizen in the country of origin. Residence permits may be granted if the necessary facts and circumstances are substantiated.

General Requirements for the Application and Renewal of the EU Family Member Residence Card

Here are the general requirements for the EU Family Member Residence Card, although specific requirements for each case, depending on your situation and special circumstances, are detailed at the end of the article.

Requirements for the EU Citizen

These are the requirements for the EU citizen when applying for the Family Member Residence Card:

• Documentation of the EU Citizen: Passport or ID card.Certificate of registration as an EU citizen in Spain (Certificado de Registro de Ciudadano de la Unión).
• Sufficient Financial Means: Proof of sufficient income to cover the living expenses of the applicant and their family.
  • Being employed or self-employed in Spain.
  • Having enough financial resources to avoid being a burden on the social system.
  • Being enrolled in a recognized educational institution.

Requirements for Non-EU Citizens

These are the residence card requirements for family members of EU citizens applicable to non-EU citizens:

1. Personal Documentation:
   • A valid passport or DNI in the case of Spanish citizens.
2. Proof of Relationship:
   • Marriage certificate or civil partnership certificate.
   • Birth certificate for children.
   • Documents proving economic dependency (for ascendants or children over 21 years old).
3. Health Insurance:
   • Public or private health insurance coverage equivalent to Spain’s Social Security system.

Our Comprehensive Service:

At Lexmovea, we guide you through the entire process, from the initial evaluation of your case to the approval or renewal of your EU Family Member Residence Card in Spain. Our services include:

• Personalized Legal Advice: We analyze your specific situation and inform you about the requirements for the EU Family Member Residence Card (NIE Comunitario) and the applicable procedures.
• Document Collection and Preparation: We assist you in gathering and preparing all the necessary documentation for your application.
• Submission of the Application: We manage the submission of your application to the corresponding Immigration Office.
• Case Follow-Up: We provide thorough follow-up on your application and keep you informed of its status.
• Appeals and Legal Remedies: In case of denial, we advise you on the available options for appeal and represent you before the relevant authorities.

What Should You Know About the EU Family Member Residence Card?

The residence card for family members of citizens of the European Union (EU), the European Economic Area (EEA), or Switzerland is the identification document for non-EU family members, serving as proof of their legal status in Spain. This document includes identification details, a photograph, a foreigner identification number (NIE), and the type of residence authorization under the EU family regime.

Legal Framework for Applying for the EU Family Member Residence Card

The application and renewal of the EU Family Member Residence Card are governed by a robust legal framework that ensures the rights of EU citizens and their family members to reside and move freely within Spanish territory.

Key Regulations for EU Family Members in Spain

• Directive 2004/38/EC:
  This European directive outlines the rights of EU citizens and their family members to free movement and residence within EU member states, ensuring equal treatment and non-discrimination.
• Royal Decree 240/2007:
  This Spanish decree implements the European directive, establishing the requirements and procedures for entry, free movement, and residence of EU citizens and their family members in Spain.
• Ministerial Order PRE/1490/2012:
  This order complements Royal Decree 240/2007, regulating specific aspects such as required documentation, resolution deadlines, and appeal procedures in cases of denial.

Required Documentation for Applying for the EU Family Member Residence Card

Documentation for the EU Citizen:

• Passport or identity card and NIE, in this case, the Certificate of Registration of an EU Citizen (Certificado de Registro de Ciudadano de la Unión), also known as the certificate of registration as a resident in the EU.
• DNI (for Spanish citizens).
• Joint registration certificate (empadronamiento conjunto) of the EU citizen and their family member.

Documentation to Prove the Applicant’s Relationship with the EU Citizen:

• For a Spouse:
  • Marriage certificate issued in an EU country.
• For an Unregistered Partner:
  • Documentation proving they form a stable partnership, such as evidence of a long-term relationship, proof of marital cohabitation, or a birth certificate for children in common.
• For a Child over 21 Years Old (of the EU citizen or their spouse/registered partner):
  • Documentation proving their status as a dependent family member.
• For a Minor Child:
  • If not living in Spain with both parents, documentation proving their status as a dependent family member of the EU citizen or their spouse/registered partner.
• For Ascendants (parents of the EU citizen or their spouse/registered partner over 65 years old):
  • Documentation proving their status as a dependent family member. (It is important to note that the requirements for proving dependency may vary significantly between provinces, especially for cases such as reuniting a mother or father of a foreign citizen in Spain).
• For Other Family Members:
  • Documentation proving the relationship and dependency, or evidence that they lived with the EU citizen in their country of origin, or documentation showing serious health or disability-related reasons.

Financial Means for the EU Citizen to Apply for the Family Member Residence Card

For Employed Workers (Employees):

• Employment Contract:
  • A registered employment contract with the Public Employment Service, a hiring communication via the CONTRAT@ platform, or an employment certificate.
  • The document must include company details such as name, address, tax identification number, and social security contribution account code.
• Latest Payslip or Proof of Registration with Social Security:
  • Either the document showing active status in the relevant Social Security regime or consent to verify data in the files of the General Treasury of Social Security.

For Self-Employed Workers:

• Proof of Business Establishment:
  • Documentation showing registration in the Mercantile Registry.
• Registration in the Census of Economic Activities.
• Proof of Social Security Registration:
  • Document showing active status in the relevant Social Security regime, or consent to verify data in the files of the General Treasury of Social Security or the Tax Agency.

For Residents Without Employment Activity in Spain:

• Health Insurance:
  • Documentation proving the coverage of public or private health insurance, either in Spain or another country, provided it offers equivalent coverage to Spain’s National Health System.
  • Pensioners must present a certification confirming healthcare coverage funded by the state providing their pension.
• Sufficient Financial Resources:
  • Proof of adequate financial resources for residing in Spain, such as property titles, certified checks, documents justifying capital income, or credit cards with bank certification proving available credit.
  • Additionally, bank certificates showing account transactions for the past year can be submitted.

For Students

1. Enrollment in an Educational Institution: Documentation proving enrollment in a public or private educational institution recognized or funded by the relevant educational authority.
2. Health Insurance: Proof of having public or private health insurance. Alternatively, a valid European Health Insurance Card covering the residence period can be provided, ensuring access to necessary healthcare services.
3. Declaration of Sufficient Resources: A statement affirming the availability of sufficient financial resources to support oneself and family members during the residence period in Spain. Participation in a European Union program promoting educational exchange for students and professors can also serve as proof.

It is crucial to demonstrate sufficient financial means to successfully apply for the EU Family Member Residence Card.

Benefits of the EU Family Member Residence Card

The EU Family Member Residence Card is one of the most advantageous types of residence permits, as it offers one of the longest initial durations among available permits.

Duration of the EU Family Member Residence Card

In general, the EU Family Member Residence Card is valid for 5 years. This duration is granted in most cases, allowing family members to enjoy an extended stay in the country with considerable stability. The 5-year validity reflects a long-term commitment and provides holders with greater security regarding their legal status in Spain.

However, there are specific exceptions to the card’s duration depending on the type of relationship with the EU citizen. In the case of unregistered partners, the card’s duration is significantly reduced. In these scenarios, the card is granted for a period of 2 years. This shorter duration is due to the nature of the relationship, which lacks official or formal registration with the relevant authorities.

Work Permit for EU Family Members

Family members of EU citizens who are granted their residence card and are of working age can work either as employees or self-employed, without any restrictions, just like Spanish citizens. This means they can be hired by others, operate as self-employed individuals, or run their own business.

How to Apply for the EU Family Member Residence Card?

Where to Apply?

The application must be submitted to the Immigration Office (Oficina de Extranjería) in your province of residence. You can apply either in person or through a legal representative, such as an immigration lawyer.

Currently, there are two ways to apply for the EU Family Member Residence Card:

1. In-Person: Schedule an appointment at the Immigration Office (Oficina de Extranjería) and attend in person with the required documentation to obtain the EU Family Member Residence Card (NIE Comunitario).
2. Online: The most efficient and recommended option is to submit your application online through the Mercurio platform, using your digital certificate.

In-Person Application Process:

1. Initial Meeting: Assessment of your situation and collection of the necessary documentation.
2. Appointment Booking: Schedule an appointment at the Immigration Office.
3. Submission of Documentation: Present the required documents at the appointment.
4. Fingerprinting: Attend a fingerprinting appointment after receiving a favorable resolution.
5. Card Collection: Collect your residence card within 45 days of the fingerprinting appointment.

After submitting your application, you will receive a receipt that allows you to track the status of your process online.

Online Application Process:

1. Digital Certificate: Obtain a digital certificate to submit your application online.
2. Form and Documentation: Complete and sign the EX-19 form, also known as the “Modelo EX-19 Extranjería,” and upload it along with the required documentation on the MERCURIO portal.
3. Fingerprinting and Card Collection: Schedule an appointment, complete the fingerprinting process, and collect your card within 45 days.

Cost of the Procedure:

This document has no processing fee. The only cost is a €12 fee, which must be paid upon issuance of the card. No additional requirements beyond those mentioned are needed for the EU Family Member Residence Card.

Timelines and Resolution:

The Immigration Office has a legal period of 3 months to process your application. If no response is received within this period, it will be considered rejected due to administrative silence.

Granting of the EU Family Member Residence Card

Congratulations! If your application for the EU Family Member Residence Card has been approved, you are one step closer to obtaining legal family residence in Spain. At Lexmovea, we will guide you through the process of applying for your physical card and ensure that you meet all the requirements.

The residence card for family members of EU citizens (sometimes referred to as the EU NIE), the European Economic Area (EEA), or Switzerland, is an essential identification document for non-EU family members. This card certifies their legal status in Spain and includes identification details, a photograph, and a Foreigner Identification Number (NIE) under the EU family member regime.

What Do You Need to Apply for the Physical Card?

To obtain the EU Family Member TIE, you will need to submit the following documentation once your application for the EU Family Member Residence Card has been approved:

• EX-17 Application: You must complete the official EX-17 Foreign Identity Card Application Form (EX-17) for the issuance of the residence card.
• Proof of Payment for Fee 790 Code 012: Payment of this fee is mandatory for the issuance of the card.
• Approval of Your EU Family Member Residence Card: You must provide the resolution granting your residence card.
• Three Recent Photographs: Three recent color passport-sized photographs with a white background are required.

What Does the EU Family Member Residence Card Allow You to Do?

The EU Family Member Residence Card (or EU NIE) is generally valid for 5 years and allows you to work in Spain, either as an employee or self-employed. However, there are certain limitations for ascendants or dependent children over 21 years old.

Frequently Asked Questions About the EU Family Member Residence Card

1. How long does the process to obtain the EU Family Member Residence Card take? The process can take between 3 to 6 months, depending on the Immigration Office handling your documentation.
2. What happens if my card expires? It is essential to start the renewal process before the expiration date to avoid legal issues and ensure you maintain valid residence status in Spain.
3. Can I work with the EU Family Member Residence Card? Yes, this card allows you to work in Spain without requiring an additional permit.
4. What should I do if my family circumstances change? You must notify the Immigration Office of any significant changes in your family situation.
5. How do I renew the EU Family Member Residence Card? The renewal must be done between 30 days before and 90 days after the card’s expiration date. The first card is issued for five years, and renewal should be initiated as its validity nears expiration.
6. Can the card be obtained through marriage? Yes, you can apply for the EU Family Member Residence Card through marriage to an EU, EEA, or Swiss citizen.
7. Can the card be obtained as a registered partner? Yes, registered partners of EU, EEA, or Swiss citizens can apply for the EU Family Member Residence Card.
8. Can the card be obtained as an unregistered partner? Yes, unregistered stable partners can apply if they prove a durable relationship, such as cohabitation for at least one year or having children together. Evidence like shared residency registration, joint accounts, and shared bills can strengthen the application.
9. What is the most important requirement for the EU Family Member Residence Card? The key requirement is proving the family or partnership link with the EU, EEA, or Swiss citizen.
10. Can the card be renewed? Yes, it is possible to renew the residence card of a family member of a citizen of the European Union (renewal of the EU card). The first card is issued for a period of five years, and when the expiration of this period approaches, the holder must initiate the renewal process.
11. Can I hire a worker without an NIE? Yes, you can register a worker using their passport. Once the NIE is issued, you can update their information with Social Security.
12. Can I apply for the card as a non-EU resident? Yes, as a direct family member of an EU citizen, you can apply. Submit your application to the Immigration Office, demonstrating the family link and the EU citizen’s fulfillment of employment or financial resource requirements.
13. What are the requirements to apply for the card through marriage? Submit the EX-19 form, your passport, marriage certificate (translated and legalized if necessary), your EU spouse’s DNI, proof of employment, or financial resources, along with joint residency registration and three passport-sized photos.
14. What does the card look like? The card includes personal information, an NIE, card type, and its validity (generally 5 years).
15. How long does it take to process the card for registered partners? Legally, it takes up to 3 months, but in practice, it can take up to 5 months, depending on the province.
16. What should I do if my application is denied? Review the reasons for denial and file an appeal within one month. If unsuccessful, you can file a contentious-administrative appeal within two months. Seek legal advice to improve your chances.
17. How do I know if I am an EU or non-EU foreigner? You are an EU foreigner if you are a citizen of an EU, EEA, or Swiss country. If not, you are a non-EU foreigner.
18. Can I regroup my child with this card? Yes, you can regroup your child and apply for the EU Family Member Residence Card. This applies to children under 21, dependent children over 21, or those with disabilities.
19. Does the card allow me to work? Yes, it allows you to work in Spain as an employee or self-employed, granting the same labor rights as Spanish citizens.

At Lexmovea, we offer expert and personalized guidance to ensure you obtain and renew your EU Family Member Residence Card without complications and secure your EU Family Member NIE. Contact us today to schedule a consultation and start your process. Trust the experts and secure your residency in Spain!

Do You Have Any Questions?

If you have any questions about the Spanish EU Family Member Residence Card or any other immigration procedure, don’t hesitate to contact Lexmovea. Our team of expert lawyers is here to provide you with the best legal advice and help you achieve your goals in Spain, guiding you every step of the way to become a resident under the EU family regime.