Family reunification in immigration law is a legal procedure that allows foreign residents in Spain to bring their immediate family members, such as spouses, children, or parents, who live abroad to reside together in Spain. This fundamental right facilitates family unity and strengthens emotional bonds for those who have chosen Spain as their home.
Residence Authorization for Family Reunification
This authorization is granted to family members of foreigners legally residing in Spain, under the right to family reunification exercised by the resident. The process begins at the Delegation of the Government (Immigration Office) and concludes when the Spanish consulate or embassy in the country of origin issues the family reunification visa under the general regime. Once the family members arrive in Spain, they obtain their foreigner’s card.
Who Can Apply for Family Reunification under the General Regime?
Foreigners who have legally resided in Spain for at least one year and hold a valid residence permit for at least one more year can initiate the family reunification process under the general regime. It is important to note that reuniting with ascendants requires long-term resident status.
Who Can Be Reunited?
Family reunification for foreigners can be granted to the following family members:
- Children: Minor children under 18 years old or disabled children unable to support themselves, whether they are the applicant’s children or those of their spouse or partner. Adopted children are also included, provided the adoption is recognized in Spain.
- Spouse or common-law partner: Both spouses and individuals in a marital-like relationship with the applicant qualify.
- Ascendants: Parents or in-laws over 65 years old who are financially dependent on the applicant and have reasons justifying their residence in Spain. In exceptional cases and for humanitarian reasons, ascendants under 65 years old may be included, provided a well-supported argument is presented for granting family reunification for parents.
Lexmovea: Your Ally in Family Reunification under the General Regime in Spain
At Lexmovea, we understand the importance of family unity and the desire to be close to your loved ones. Our team of immigration law specialists provides personalized advice and guidance through every step of the family reunification process under the general regime.
Benefits of Choosing Lexmovea for Your Family Reunification
- Expertise and knowledge: Our team of immigration and family reunification experts in Spain offers precise and up-to-date advice.
- Stress-free process: We handle every aspect of the procedure, from preparing the documentation to submitting the application and following up on the case.
- Maximize your chances of success: We know the requirements and evaluation criteria and will help you present a solid and convincing case.
- Personalized advice: We offer a close, tailored approach to your specific needs, addressing all your concerns and providing peace of mind throughout the process.
- Efficiency: Leave the legal and administrative procedures to us, so you can focus on what matters most—reuniting with your family.
General Requirements for Family Reunification
Requirements for Family Reunification in Spain to initiate the family reunification process, the following requirements must be met:
Family Reunification: Requirements
- Not a citizen of the European Union, European Economic Area, or Switzerland: The family reunification process for foreigners does not apply to citizens of these countries or their family members, as they have specific rights to free movement and residence within the EU.
- Legal residence in Spain: Applicants must have legally resided in Spain for at least one year and possess a valid residence permit for at least one more year.
- Sufficient financial resources: Applicants must prove they have sufficient economic resources to meet the needs of the family members they wish to reunite. Income contributed by a spouse or another direct family member residing in Spain may be considered, provided they live with the applicant. Income from social assistance programs is not admissible.
- Health coverage: Applicants must have health insurance, either through Social Security or private medical insurance.
- Adequate housing: Applicants must have housing that meets the space and habitability standards required to accommodate the reunited family.
- Long-term residence: To reunite ascendants, applicants must hold a long-term residence permit.
- Regular immigration status: Applicants must have legal immigration status in Spain.
- No criminal record: Applicants must not have a criminal record in Spain or in previous countries of residence for offenses that are also punishable under Spanish law.
- No entry ban in Spain: Applicants must not be listed as inadmissible within the territorial space of countries with which Spain has agreements on this matter.
- No serious health issues: Applicants must not suffer from diseases that pose a serious public health risk as defined by the 2005 International Health Regulations.
- Not under a non-return period: Applicants must not be within a period of commitment to not return to Spain, assumed under a voluntary return program.
- Fee payment: Applicants must have paid the corresponding fee for processing the family reunification procedure.
Can I bring my child on my own?
Yes, it is possible to reunite with a child individually, provided that sole parental authority, legal custody, or the other parent’s authorization for the child to reside in Spain is demonstrated.
How can I prove that my ascendants depend on me financially?
To reunite ascendants, applicants must prove they are financially dependent on them. This involves demonstrating that the foreign resident is the primary provider and that the ascendants require material assistance to meet their basic needs in their country of origin.
The most objective way to establish this dependency is through documentation showing the transfer of funds or payment of expenses by the applicant over the past year, amounting to at least 51% of the per capita GDP of the ascendant’s country of residence.
In addition to remittances, applicants must prove that their family members lack independent income to meet their basic needs, such as the absence of pensions or property. Demonstrating the duration of financial support provided by the applicant also strengthens the case.
Family Reunification of Ascendants Under 65 Years Old: Exceptional Cases
While the general rule requires ascendants to be over 65 years old to qualify for reunification, exceptions exist for humanitarian reasons. These include:
- Previous cohabitation: If the ascendant lived with the applicant in the country of origin.
- Disability and guardianship: If the ascendant is incapacitated and under the guardianship of the applicant or their spouse/partner.
- Inability to meet basic needs: If the ascendant cannot support themselves.
- Joint applications: When applications are submitted for both ascendants (spouses), and one is over 65 years old.
It is crucial to properly document and justify these exceptional circumstances to ensure a favorable family reunification decision and meet the general requirements for family reunification.
Economic Means for Family Reunification under the General Regime
Proving the ability to financially support the family, both the members already residing in Spain and those to be reunited, is an essential requirement in the family reunification process under the general regime in Spain. The applicant must demonstrate sufficient economic resources to cover the basic needs of all members of the family unit.
Income from the applicant’s spouse, partner, or another direct first-degree relative residing in Spain and living with the applicant may also be considered. However, income from social assistance programs is not eligible for this requirement.
The minimum amount to be demonstrated varies based on the number of family members in the household. Generally, a monthly minimum of 150% of the IPREM (Public Indicator of Multiple Effect Income) is required for two members (applicant and family member to be reunited), increasing by 50% of the IPREM for each additional member.
It is crucial to show that these financial means will be maintained during the year following the application. The evolution of income over the six months prior to submission will also be evaluated. Below is a reference table of the required financial means, adjusted to the size of the family unit:
| Family Unit Members | IPREM Percentage | Required Economic Means (€/month) |
|---|---|---|
| 2 members | 150% | 900 |
| 3 members | 200% | 1200 |
| 4 members | 250% | 1500 |
Economic Requirements for Minors in Family Reunification
It is important to note that in cases of family reunification involving minors, economic requirements may be more flexible. This is done in accordance with the principle of the best interests of the child, always aiming to promote family unity and the well-being of children. The flexibility applies both to the minimum income required at the time of application and the expectation of maintaining those incomes during the year following reunification, as established by Royal Decree 669/2022.
For the reunification of minors, economic requirements are relaxed, prioritizing the best interests of the child and supporting family life. If the general thresholds are not met, it is sufficient to prove income equal to or above the Minimum Interprofessional Wage (SMI). If the SMI is also not met, the minimum amount to be justified will be calculated based on the Minimum Living Income, starting at 110% for two members (one of whom is a minor) and increasing by 10% for each additional minor, up to a maximum of 150%.
As a reference, the minimum amounts required for family reunification under the general regime for minors are outlined below:
| Family Unit Members | IMV Percentage | Required Economic Means (€/month) |
|---|---|---|
| 2 (1 minor) | 110% | 622 |
| 3 (2 minors) | 120% | 679 |
| 4 (3 minors) | 130% | 735 |
| 5 (4 minors) | 140% | 791 |
| 6 (5 minors) | 150% | 848 |
| 7 (6 minors) | 150% | 848 |
How to Prove Sufficient Economic Resources for Family Reunification
The method of proving economic capacity for family reunification depends on your employment situation:
- Employee (contracted work): You can submit a copy of your employment contract, the last 6 pay slips, a social security employment history report, and a copy of your most recent income tax return (IRPF).
- Self-employed worker: You must provide documentation that certifies your business activity and, if applicable, the most recent income tax return or the last two quarterly IRPF statements.
- Without gainful activity in Spain: In this case, you can present checks, credit cards accompanied by a bank certification stating the available credit, or any other bank certification demonstrating your economic resources.
Remember, it is not only about meeting the economic requirements at the time of application but also about proving the likelihood of maintaining them in the future. For this reason, it is advisable to present evidence demonstrating the stability of your income.
Guide for Applying for Family Reunification under the General Regime
To apply for family reunification, you must follow a specific process involving several steps. Here is a detailed breakdown of the steps required to obtain residency through family reunification.
1. Obtaining the Certificate of Adequate Housing Availability
The “Certificate of Adequate Housing Availability” is one of the essential steps in the family reunification process in Spain. This certificate confirms that the residence where the family will live meets the legal requirements for space and habitability.
To obtain it, you must apply at any Citizen Service Office in the Town Hall corresponding to your Autonomous Community. It is recommended to book an appointment in advance and submit the application using Model 01, along with the following documents:
- Copy of the valid Foreigner Identity Card (TIE).
- Copy of the lease agreement or, if the applicant owns the property, a copy of the title deed or a simple note.
- Declaration of the habitability conditions of the property, signed by the owner if rented.
- Copy of the most recent Property Tax (IBI) receipt.
- If the applicant is neither the owner nor the tenant (e.g., working as a live-in or living with another person), an authorization from the owner or tenant allowing the applicant to reside there and reunite their family members must also be submitted.
Submitting the Application at the Immigration Office: Required Documentation
The process begins by submitting the application in person at the Immigration Office corresponding to your Autonomous Community and place of residence, using the official form and attaching the required documents. Copies of all documents must be provided, along with the originals for verification.
If the documents are foreign, they must be legalized or apostilled and, if necessary, translated into Spanish. Additionally, at the time of submission, the corresponding fee must be paid (Model 790, code 052, section 2.1). The payment form can be downloaded from the website of the Secretariat of State for Public Administration.
The application is generally resolved within approximately 45 days from the day following submission.
There is also an option to submit the application online through the Mercurio Platform, provided you have an electronic certificate.
Required Documentation for Family Reunification
One of the most common questions is: What documents are needed to process Family Reunification in Spain? The application process requires submitting documents that prove the family relationship with the family member to be reunited and the applicant’s economic resources.
The documentation to be gathered and prepared for this permit includes:
- Application form: Official form EX-02, duly completed and signed by the applicant (reunifier).
- Passport: Complete copy of the valid passports of both the applicant and the family member to be reunited. If no passport is available, a valid travel document or registration card may be submitted.
- Family ties: Documents proving the familial relationship between the applicant and the family member to be reunited (e.g., marriage certificate, birth certificate).
- Sworn statement (for spouses or partners): If reuniting a spouse or partner, a sworn statement from the applicant must be submitted, declaring that they do not reside in Spain with another spouse or partner. In cases of second or subsequent marriages, a judicial resolution clarifying the situation of the previous spouse and children is required.
- Adequate housing certificate: Issued by the competent authority in the Autonomous Community or Local Corporation where the applicant resides. The certificate must be issued within three months before the application submission.
- Economic means: Documentation proving sufficient income to meet the family’s needs, including:
- For employees: Copy of the employment contract, last 6 pay slips, and, if applicable, the most recent IRPF declaration.
- For self-employed individuals: Proof of the activity carried out and, if applicable, the most recent IRPF declaration.
- For those without gainful activity in Spain: Certified checks, traveler’s checks, payment cards, or credit cards accompanied by bank certifications of the available credit, or any other certification proving economic resources.
- Health insurance: Proof of health coverage, either through Social Security or private health insurance.
Additional Documentation for Specific Cases
- Reuniting children: If reuniting children under the care of one parent only, documentation proving sole parental authority, legal custody, or the other parent’s authorization must be provided. For children over 18 years old who cannot meet their own needs, supporting documents are required. For adopted children, a judicial resolution confirming the adoption must be submitted.
- Reuniting ascendants: Documentation must show that the applicant has supported the ascendant financially during the last year and provide reasons justifying the need for residence in Spain. In exceptional cases, humanitarian reasons can also be cited and documented.
- Reuniting dependents: For individuals over 18 years old who cannot meet their own needs, supporting documents must be presented.
3. Granting Family Reunification
Once the residence authorization for family reunification is approved, the family member you wish to bring to Spain must go to the Spanish Consulate corresponding to their place of residence to apply for the family reunification visa. It is important to note that the application must be made within two months from the notification of the authorization.
4. Obtaining the Visa in the Country of Origin: Procedures for Reunited Family Members
After receiving the favorable resolution for family reunification, your family members must apply for the visa at the Spanish embassy or consulate in their country of residence within two months of the notification.
For the visa application, they will need:
- Passport: Valid for at least 4 months.
- Criminal record certificate: Issued by the authorities of their country of origin (only for those of legal age).
- Family relationship documents: Original documentation proving family ties and, if applicable, legal dependency.
- Medical certificate: To confirm they do not have illnesses that could pose a public health risk as per the 2005 International Health Regulations.
It is important to check with the specific embassy or consulate to confirm the exact documentary requirements, as consulates sometimes request additional documentation not specified in official guidelines to verify compliance with family reunification requirements.
Reminder: Copies of all documents must be presented, along with the originals for verification at the Immigration Office.
Once the visa is granted, it must be collected within a maximum of two months. The family member must enter Spain within the visa’s validity period, which will not exceed three months.
5. Obtaining the TIE for Family Reunification in Spain
After arriving in Spain, the reunited family member must apply for the Foreigner Identity Card (TIE) at the corresponding Police Station in their Autonomous Community within one month of entering the country.
Documentation Required to Obtain the TIE for Family Reunification in Spain:
- TIE application form: Form EX-17.
- Proof of fee payment.
- Recent photograph: In color, passport size, and with a white background.
- Representation documentation (for minors): If the reunited family member is a minor, documentation proving legal representation must be provided.
Validity of the Residence Authorization for Family Reunification
The residence authorization granted through family reunification will have the same validity as the authorization of the applicant (reunifier) at the time the family member enters Spain. This ensures that the family can remain united during the legal residence period of the reunifier.
Can the Reunified Family Member Work?
Yes, the residence authorization for family reunification allows work both as an employee and self-employed anywhere in Spain, in any occupation or sector. This applies to the spouse, domestic partner, or adult child reunited, with no additional procedures or requirements necessary.
However, for reunified ascendants, a specific work authorization is required to engage in employment in Spain.
Renewing the Family Reunification Card
As with any residence and work permit in Spain, the family reunification card must be renewed before it expires. You can renew:
- Within the 60 days prior to the expiration date.
- Or within 90 days after the expiration date (note that a late renewal may result in a financial penalty).
Basic Regulations Governing Family Reunification under the General Regime
The family reunification process in Spain is regulated by a legal framework that guarantees applicants’ rights and sets the requirements and procedures to follow. Key regulations include:
- 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 (Articles 16 to 19).
- Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011 (Articles 52 to 58).
- Royal Decree 629/2022 of July 26, amending the Regulation of Organic Law 4/2000.
These regulations establish the criteria and conditions for family reunification, ensuring a fair and transparent process for all parties involved.
Family Reunification in Spain: New 2024 Law
The new Family Reunification Law in Spain, effective January 2024, introduces significant changes to facilitate the reunification of immigrant families. One of the most notable aspects is the expansion of the family members eligible for reunification, including not only spouses and minor children but also direct ascendants under certain conditions. Additionally, the 2024 law simplifies documentary requirements and reduces processing times, setting a maximum of 45 days for authorities to respond.
If I am Spanish, should I use the family reunification process under the general regime or is there a better option?
If you are a Spanish citizen, you do not need to use the family reunification process under the general regime to bring your family members to Spain. There are simpler and more advantageous options, such as the EU family member card or the family member of an EU citizen visa. These options generally have less stringent requirements and shorter processing times.
Frequently Asked Questions about Family Reunification under the General Regime
- Can I reunite with my domestic partner if we are not registered in an official registry? Yes, it is possible to reunite with your domestic partner even if you are not registered in a public registry. You must provide evidence demonstrating the existence of a marital-like relationship, such as proof of cohabitation, joint bank accounts, witness statements, or having a child together. However, immigration offices may sometimes consider the provided evidence insufficient.
- What happens if my financial situation changes after obtaining the family reunification authorization? It is important to maintain sufficient economic resources throughout the entire residence period of your reunited family members. If your financial situation changes significantly, you may face the revocation of your family members’ residence authorization.
- How long does the family reunification process take? The application is typically resolved by the Immigration Office within 45 days. Once the authorization is granted, your family members have two months to apply for the visa at the Spanish consulate in their country of residence. The visa resolution process generally takes two months.
- Can my reunited family members study in Spain? Yes, reunited family members have the right to study in Spain under the same conditions as Spanish citizens.
- What happens if my reunited family member commits a crime in Spain? If your reunited family member commits a serious crime, they may face expulsion from Spain and the revocation of their residence authorization.
- Can I renew the residence authorization for my reunited family members? Yes, the residence authorization for family reunification can be renewed as long as the requirements established by law continue to be met.
- Can I reunite with my siblings or cousins? Family reunification under the general regime only allows reuniting with spouses, domestic partners, children, and ascendants. Other relatives, such as siblings or cousins, may be reunited under exceptional circumstances or for humanitarian reasons, but each case must be evaluated individually.
- Can I reunite with my sister? As a general rule, you cannot reunite with a sister through the family reunification process under the general regime. However, you may explore the possibility of applying for reunification if certain conditions are met, such as proving your sister is financially dependent on you or lacks other means of subsistence.
- As a Spanish citizen, can I reunite with my sister or brother? Yes, as a Spanish citizen, you can reunite with your sister or brother. You must process the residence authorization under the community regime, applicable to relatives of European Union citizens. It is essential to demonstrate that your sibling is financially dependent on you and either currently resides with you or has done so in the two years preceding the application.
- Is family reunification under the general regime the same as family reunification with Spanish nationality? Family reunification under the community regime in Spain refers to the process where a foreign citizen with a residence permit in Spain can apply for the reunification of their direct relatives, meeting certain requirements such as demonstrating economic resources and adequate housing. On the other hand, family reunification with Spanish nationality allows Spanish citizens to reunite with their direct relatives, often through simplified procedures and requirements, as Spanish citizens have stronger rights to family unity, facilitating the necessary visas or permits.
- Is family reunification under the community regime the same as under the general regime? No, family reunification under the community regime and the general regime are not the same. The community regime applies to EU citizens and their family members, offering a simpler reunification process with less stringent economic requirements. The general regime, however, is for foreign citizens legally residing in Spain and demands higher conditions, such as proving economic stability and one year of legal residence.
- Do I need to meet all the requirements for family reunification in Spain? Yes, to apply for family reunification, it is necessary to meet all the requirements established under the new family reunification law. These include demonstrating the applicant has legal residence in Spain for at least one year, sufficient economic resources (equivalent to 150% of the IPREM for the first family member and an additional 50% for each additional member), and adequate housing.
- How many pay slips are needed for family reunification? For the family reunification application in Spain, the last six pay slips of the applicant are generally required, especially if employed.
- Is family reunification under the community regime the same as under the general regime? No, the community regime is intended for relatives of EU citizens or those from EEA countries and Switzerland. Requirements are more flexible, and there is no need to demonstrate financial dependency or high resource levels as in the general regime. Additionally, reunited family members under the community regime have the right to free movement within the EU territory.