If you find yourself in this situation, you’ve come to the right place to learn about your options. Keep in mind that this permit has a limited validity, so it’s crucial to be aware of its expiration date. Once it expires, there are various alternatives to consider.
It is important to note that family ties residency is not renewable in itself. If you wish to extend your legal stay in Spain, you will need to apply for a different type of residence permit. Although it may seem like a renewal in practice, legally, it is a modification of your residential situation. Here’s how you can “renew” or modify your social ties.
Can the Family Ties Residency Be Renewed?
Since it is a residency permit granted for exceptional circumstances, it generally cannot be renewed as such. Instead of a renewal, it must be modified (similar to Social Ties and Labor Ties) into either an Initial Residence for Employment or an Initial Residence for Self-Employment. However, in cases where the same circumstances are maintained and the corresponding updated documentation is provided, an extension of the residence permit could be requested.
At Lexmovea, we recommend opting for the modification rather than renewal, as long as the necessary requirements are met:
- Having contributed to Social Security for at least the last 6 months.
- Having an employment contract.
- Having sufficient economic means.
- Having a business plan if applying for an Initial Residence for Self-Employment.
Duration of the Family Ties Residency Card
As mentioned, the duration of the Family Ties Residency Card depends on the specific circumstances under which you obtained this permit.
1-Year Duration: Modification to Another Residence Permit
You will obtain a 1-year residence permit if:
- You are the child of a father or mother who were originally Spanish.
Important: Unlike the previous cases, if you are the child of a father or mother who were originally Spanish, you will only receive a family ties residency card valid for one year.
5-Year Duration: Long-Term Residency After Family Ties
You will obtain a 5-year residence and work permit if you meet any of the following conditions:
- You are the father, mother, or legal guardian of a minor with Spanish nationality.
- You provide support to a Spanish person with a disability or who needs measures of support to exercise their legal capacity.
- You are the spouse or registered partner of a Spanish citizen, or the parent of a Spanish citizen who is over 65 years old, or the parent of a Spanish citizen under 65 years old who is dependent, or the child of a Spanish citizen under 21 years old or older than 21 but dependent.
In these cases, the renewal is usually a straightforward process. After 5 years of legal and effective residence in Spain, when your permit approaches expiration, you can apply for Long-Term Residency.
With this residency, you will receive a 5-year residence permit, but this time with permanent or indefinite status, providing greater stability and security during your stay in Spain.
Types of Modifications for Family Ties Residency
The renewal (which, as mentioned, is not a true renewal in the legal sense) will depend on your current economic situation. To request the modification of the family ties residency to a new type of residence permit, you can opt for the following options:
- Modify Family Ties Residency to a Residence Permit for Employment: You can apply for this modification after one year of having obtained the initial card. This option is ideal if you have worked for more than three months under family ties residency, have a new work contract, or were laid off due to reasons beyond your control. This also applies in cases of gender violence.
- Modify Family Ties Residency to a Residence Permit for Self-Employment: This is ideal if you started a business or professional activity during your family ties residency and can prove its economic viability. You can apply for this after one year of legal and continuous residence in Spain.
- Modify Family Ties Residency to a Non-Lucrative Residence Permit: This can also be requested after one year if you have sufficient financial resources to support yourself in Spain without the need to work. This option can also be viable if someone commits to providing you with financial support.
- If five years of legal and continuous residence have passed, you can apply for Long-Term Residency in Spain.
Remember, to maintain your legal residency status in Spain after your family ties residency expires, you must change your residency status. The choice will depend on whether you’ve been able to work or generate income during your family ties residency, if you currently have employment or a business when applying, or if you have the financial means to live in Spain without working.
The most important thing: Do not wait until your permit expires to start the application process. It’s advisable to start the process at least 60 days before the expiration date.
1. Renew/Modify Family Ties Residency to a Residence Permit for Employment
If you’ve worked under family ties residency, you can modify/renew your family ties residency under the following conditions:
- Job Continuity: You have proof of the continuity in the work relationship that led to the granting of the permit you want to renew.
- Minimum Work Activity: You have had at least three months of employment per year and meet one of these conditions:
- You have signed a new work contract in accordance with the terms of your permit and are registered or in a situation similar to registration when applying for renewal.
- You have a new contract that meets the requirements of Article 64 and its validity begins once the renewal is granted.
- The work relationship that led to the permit you wish to renew was interrupted for reasons beyond your control, and you have actively sought employment by registering with the competent Public Employment Service as a job seeker.
- Special Situations: You find yourself in one of the situations specified in Article 38.6 b) and c) of Organic Law 4/2000 of January 11:
- You have been granted a contributory unemployment benefit. You must present documentation certifying the granting of this benefit.
- You are a beneficiary of a public economic benefit aimed at achieving your social or labor integration.
Extended Minimum Work Activity: As per Article 38.6.d) of Organic Law 4/2000 of January 11, you prove that you have worked and been registered with the corresponding Social Security scheme for at least nine months in a 12-month period, or eighteen months in a 24-month period, as long as your last work relationship was interrupted for reasons beyond your control and you have actively sought employment.
Spouse or Partner’s Economic Requirements: Your spouse or registered partner meets the economic requirements for family reunification.
Victim of Gender Violence: Your work contract has been terminated, or your employment relationship has been suspended due to gender violence.
2. Renew/Modify Family Ties Residency to a Residence Permit for Self-Employment
If you’ve worked as a self-employed person during your family ties residency, you can renew your permit if you meet one of these conditions:
- Continuity of Activity: You continue with the activity that led to the granting of the permit you want to renew, as long as you have complied with your tax and Social Security obligations.
Spouse or Partner’s Economic Requirements:
Your spouse or registered partner has sufficient financial resources to reunite with you. If the family unit includes two members, the minimum amount to prove is 150% of the monthly IPREM. If the family unit has more than two members, you must add 50% of the IPREM for each additional member.
- Beneficiary of Protection due to Activity Cessation.
3. Renew/Modify Family Ties Residency to a Non-Lucrative Residence Permit
If you have not performed any work activity, either as an employee or self-employed, during your family ties residency, you can renew the residency if you have sufficient financial means.
In this case, you must prove that you have the resources needed to cover your living expenses and stay in Spain, including, if applicable, your family’s expenses, without the need to work.
Where Do I Renew My Family Ties Residency?
The renewal, or more precisely, the modification of Family Ties Residency, must be done at the Foreigners’ Office of the city where your residence is registered.
It is important to submit the renewal request within the legally established deadlines:
- Option 1: Submit your renewal request within 60 days before the expiration date of your card.
- Option 2: Submit your renewal request within 90 days after the expiration date of your card. Keep in mind that, in this case, you risk the Foreigners’ Office imposing a fine for letting your permit expire.
Just like other procedures, you can submit the renewal request in two ways:
In Person:
Visit the Foreigners’ Office corresponding to your place of residence. It is recommended to schedule an appointment through the Ministry of Inclusion, Social Security, and Migration’s website.
Online:
Use the electronic platform available for this, known as Mercurio.
Resolution Time and Authorization Duration
The resolution time for the application is 3 months, starting the day after it is entered into the registry of the competent authority. The authorization will be valid for 2 years.
If you are not registered with the Social Security, you will have 1 month from the notification to complete the registration process.
Documentation Needed for Fingerprinting in the Family Ties Residency Renewal
When going through the fingerprinting process, you must present:
- Original valid passport.
- Printed request using the official form (EX-17).
- Proof of payment of the fee.
- Proof of affiliation and/or registration in the Social Security.
- 3 recent color photographs, with a white background, passport-size.
Hire Lexmovea: Your Success in Family Ties Residency Renewal!
At Lexmovea, we are experts in immigration law and offer you comprehensive support throughout the Family Ties Residency renewal process.
Benefits of Choosing Us:
- Experience and knowledge: We have a team of immigration lawyers who will provide you with personalized and strategic advice.
- Close and transparent service: We will keep you informed at each step of the process and resolve any doubts in a clear and understandable way.
- Efficient management: We will take care of all the necessary procedures and documentation to maximize your chances of success.
- Peace of mind and security: With Lexmovea by your side, you can face the renewal process with confidence and peace of mind, knowing you’re in good hands.
Don’t risk your future in Spain! Contact Lexmovea today and ensure your legal residency.
Frequently Asked Questions About Renewing Family Roots Residency
- What is the “Renewal” of Family Ties Residency? Technically, it is not a renewal of Family Ties Residency, but a modification of your residence permit. You will change from a Residence Authorization for Exceptional Circumstances to a Residence and Work Authorization, either for Employment, Self-Employment, or with your own financial means, depending on your situation.
- When Should I Start the Family Ties Renewal/Modification Process? It’s crucial to start the modification/renewal of social ties process at least 60 days before your Family Ties Residency card expires. You can also do it within 90 days after the expiration, but you risk being fined.
- Where Should I Submit the Renewal/Modification Application? You must go to the Foreigners’ Office in the city where you currently reside.
- What Options Do I Have to Renew My Family Ties Residency if I Am a Child of a Spanish Citizen by Birth? If you obtained the Family Ties Residency as the child of a father or mother who were originally Spanish, you can:
- Modify to Employment Residency: If you have worked as an employee during the validity of your card.
- Modify to Self-Employment Residency: If you have worked as a self-employed person during the validity of your card.
- Modify to Non-Lucrative Residency: If you have sufficient financial means to support yourself without working.
- What Are the Requirements for Each Type of Modification? The requirements vary depending on the type of modification you request. Please refer to the previous sections for the specific details of each case.
- What Happens If I Don’t Meet the Requirements for Any of the Modifications? If you don’t meet the requirements for any of the modifications, you may find yourself in an irregular situation in Spain once your Family Ties Residency card expires. It is crucial to seek legal advice as soon as possible to explore other options.
- What is Family Ties Residency by Simple Presumption? Family Ties Residency by “simple presumption” is a residence permit for minors born in Spain to foreign parents when their country of origin does not automatically grant them nationality. This process aims to avoid statelessness, allowing the minor to obtain legal and stable residency in Spain.
- What Is the Fee for Renewal/Modification of Family Ties Residency? The family ties residency fee for renewal/modification in Spain varies depending on the autonomous community, but it generally ranges from 16 to 38 euros. It is crucial to ensure that you pay the exact amount as indicated by the Foreigners’ Office, as an incorrect payment could delay the process.