Temporary Residence for Family Members of Spanish Citizens in Spain

If you are a non-EU national and you want to live in Spain because your spouse or partner, your parent, or your child is a Spanish citizen, this is the page for you. The route is the temporary residence authorization for family members of Spanish nationals, created by the new Immigration Regulation (Real Decreto 1155/2024) and in force since 20 May 2025. At Lexmovea we help English-speaking families confirm the correct route, build a refusal-resistant file, and apply either from inside Spain or through the consulate, in plain English from start to finish.

One thing decides your whole procedure, so settle it first: this authorization is for relatives of a Spanish citizen. If your family member is an EU, EEA, or Swiss citizen who is not Spanish, you do not use this route — you apply for the EU Family Member Residence Card instead. We explain that distinction below and confirm your path before any document is collected, because choosing the wrong regime is one of the most common causes of avoidable refusals.

What this residence permit is

The temporary residence authorization for family members of Spanish nationals is a residence and work permit for non-EU relatives of a Spanish citizen. It lets the holder live in Spain and work — as an employee or self-employed — without a separate work permit, and it is issued with an initial validity of five years. It is governed by articles 93 to 99 of Real Decreto 1155/2024, and the application form is the EX-24.

The reason this route exists is important, and it is also why so much of the advice still online is out of date. Before May 2025, non-EU relatives of Spanish nationals had no dedicated procedure. Immigration offices handled these cases through a patchwork — sometimes by analogy with the EU community regime, sometimes through arraigo familiar, a route originally designed for exceptional situations. The result was legal uncertainty and inconsistent decisions from one province to another. The new regulation replaces that patchwork with a single, stable status built specifically for family members of Spaniards.

This permit replaced arraigo familiar for family of Spaniards

This is worth stating clearly, because it is the single most common point of confusion. For relatives of a Spanish citizen, this authorization replaced arraigo familiar. Since 20 May 2025 these family situations are channelled through the new permit, not through arraigo, and after the transitional period new arraigo familiar applications for this group are no longer accepted. If you already hold an arraigo familiar or an EU family card based on your link to a Spaniard, your residence is preserved while you meet the conditions, and you move to the new status at renewal — you do not need to file a fresh application just because the rules changed.

The practical takeaway: if your family member is Spanish, do not look for an “arraigo familiar” procedure anymore. The correct, more advantageous route is this one.

Family of a Spanish citizen vs. family of an EU citizen — which page applies to you

The nationality of your family member decides the route, and you cannot choose between them:

• Your relative is a Spanish national: this page applies to you. You apply for the temporary residence authorization for family members of Spanish nationals (articles 93–99 of Real Decreto 1155/2024, form EX-24), with the five-year card described here.
• Your relative is an EU, EEA, or Swiss citizen who is not Spanish: you use the community regime instead. See our dedicated page: EU Family Member Residence Card.

If you are not sure which applies — for example, your relative holds dual Spanish and another EU nationality, or recently naturalized as Spanish — that is exactly the kind of point we confirm at the start.

Why this route is one of the most favourable in Spanish immigration law

For a non-EU relative of a Spaniard, this is generally the strongest residence option available. The main advantages, when the correct route is chosen and the file is properly prepared, are:

• Five-year card from the start, rather than a one-year permit, giving immediate long-term stability.
• Full work rights, as an employee and self-employed, with no separate work permit and no labour-market test.
• A faster legal deadline: the administration has two months to resolve, shorter than the three-month period under the community regime.
• A clear path forward: the five years count in full toward long-term residence, and the status is stable and predictable rather than exceptional.
• Broad recognition of real family situations, including spouses, registered and durable partners, children, dependent parents, and certain other dependent or caregiver scenarios.

Real-world note: the biggest determinant of success is not the label of the permit — it is whether you confirm the correct route and submit a refusal-resistant file: relationship proof, dependency proof where it applies, and correct formalities such as apostille or legalisation and sworn translations where required.

Who can apply

Article 94 of Real Decreto 1155/2024 sets out who qualifies. Eligibility depends on the family relationship and, in some categories, on proving dependency or a stable partnership. The qualifying family members are:

• Spouse of the Spanish citizen (over 18, where the marriage is valid and there is no legal or de facto separation).
• Registered partner (pareja de hecho registrada, over 18) in an official public registry.
• Durable (unregistered) partner, proven through a stable relationship — typically at least 12 months of demonstrable cohabitation, or children in common without needing to prove a cohabitation period.
• Children under 21, and children over 21 who are financially dependent on the Spanish citizen or their spouse/partner.
• Direct first-degree ascendants (parents) of the Spanish citizen or of their spouse/partner, where dependency is proven — usually the most closely scrutinised category.
• Parent or legal guardian of a Spanish minor. A child whose parent is or was a Spanish national of origin can apply in any circumstance.
• Relative up to the second degree who will care for a Spanish citizen in a recognised situation of dependency.
• Other dependent relatives not listed above (article 94.1.i), where you can prove, at the time of the application, that they are genuinely dependent on the Spanish citizen.

Common edge cases, where applications often fail

• Adult children: approval usually depends on proving ongoing dependency, or disability/special circumstances, with objective documentation rather than statements.
• Second or subsequent marriages: you must prove that prior marriages are legally dissolved, by judicial or notarial means depending on the country, and that the current family unit is clearly documented. Only one spouse can access this authorization.
• Same-sex spouses and partners: eligible on the same terms, but documentation must be consistent and properly formalised across jurisdictions.
• Applicant already in Spain as a tourist: for certain relatives, in-country filing is possible; strategy, entry status, and proof strength decide whether you can apply without leaving.

What “being dependent” actually means

Dependency is the most misunderstood concept in these cases, and it decides the parent and extended-family applications. It is not a single document — it is whether the evidence proves a real, stable, and sustained need for support from the Spanish citizen. In practice it can be economic, care-based, or cohabitation-based.

There is also an objective benchmark worth knowing. For economic dependency, the regulation presumes a relative is “a cargo” when, over at least the year before the application, they received support representing at least 51% of the per-capita GDP of their country of origin (World Bank figures), and the Spanish citizen has sufficient means for the household. That is the kind of concrete standard a well-built file is measured against:

• Economic dependency: sustained remittances or transfers over time, proof that essential living costs are covered, and evidence that the relative lacks adequate independent income (pension, salary, assets).
• Care or physical dependency: medical reports, dependency assessments, and proof that the Spanish citizen or household is the real caregiver.
• Cohabitation dependency: historical cohabitation evidence and consistency across official records.

Requirements

Requirements vary by relationship type, but most cases come down to the same pillars: identity, proof of the family relationship (and cohabitation or stable partnership where relevant), dependency evidence where required, a clean criminal record, and correct document formalities. Below is an execution-friendly checklist.

Core requirements (most cases)

• Valid identification for both the Spanish citizen (DNI or passport) and the applicant (full valid passport; if expired, a copy plus the renewal application).
• Completed and signed form EX-24.
• Proof of the family relationship (marriage certificate, partnership registration, birth certificate, guardianship documents), consistent with passports across names, dates, and places.
• Dependency proof where the category requires it (parents/ascendants, adult children, extended relatives, caregiver cases).
• Criminal record certificate from the country or countries where the applicant has lived in the last five years, where required for the category, with no convictions for offences under Spanish law.
• Correct formalities for foreign documents: apostille or legalisation, and sworn translation into Spanish where applicable.

Relationship-based document packs

Spouse / registered partner / durable partner

• Marriage certificate or partnership registration, properly formalised and consistent with passports.
• For a durable partner not registered: cohabitation evidence, shared obligations, joint finances where applicable, children in common, and a consistent timeline.
• Where relevant, proof that prior marriages are legally resolved (divorce decrees, annulments).

Child (minor or adult dependent)

• Birth certificate showing the link to the Spanish citizen.
• For a minor who is the child of only one spouse/partner, a notarised authorization from the other parent, unless sole custody is clearly proven.
• For an adult child, objective evidence of dependency or disability/special circumstances.

Parent / ascendant (dependency case)

• Proof of ongoing support: regular transfers and a consistent history, ideally meeting the 51%-of-per-capita-GDP benchmark.
• Proof that the parent lacks sufficient independent income or assets to meet basic needs.
• Where relevant, health or care documentation explaining why residence in Spain is necessary.

Apostille / legalisation and sworn translation

Document formalities are one of the top causes of refusals and delays. As a general rule, foreign civil-status documents need authentication (apostille or legalisation) and, when not in Spanish, a sworn translation by a qualified translator. The exact requirement depends on the issuing country and document type, so the safe approach is to map formalities before filing. Keep the file consistent: if you translate one civil-status document, translate the related ones, make spelling match passports exactly, and avoid mixing versions with different spellings or date formats.

How to apply: from Spain or from abroad

A very common question is whether you can apply from inside Spain without leaving. The answer depends on your relationship category and on who starts the procedure. The regulation sets out who files and where:

• Spanish citizen in Spain, relative abroad: the Spanish citizen files at the Immigration Office (Oficina de Extranjería) of their province. If granted, the relative then applies for the corresponding visa at the Spanish consulate within one month of notification.
• Both abroad, planning to move to Spain together: the relative files in person at the competent Spanish consulate.
• Both in Spain (for certain relatives — spouse, partner, first-degree ascendants, second-degree relative who will care for a dependent Spaniard, and others listed): either party can file in Spain at the Immigration Office, online or by appointment.

That choice of pathway is exactly where cases go wrong, especially for parents and extended family, so it is worth confirming before you travel or file.

Step by step

1. Confirm route and eligibility: Spanish-citizen family permit (this page) vs. EU family card, and your exact relationship category.
2. Build the relationship-based document pack, including apostille/legalisation and sworn translations, before filing.
3. Submit the application through the correct channel (Immigration Office in Spain, online or in person; or the consulate from abroad).
4. Respond to any request for more documents (subsanación) completely and on time.
5. After approval: if abroad, apply for the entry visa at the consulate; then, in Spain, attend fingerprinting (toma de huellas) and collect the physical TIE. You generally have one month from entry, or from notification if already in Spain, to apply for the TIE.

Timelines, cost, and work rights

How long it takes

The Immigration Office has a legal period of two months to resolve the residence authorization. If there is no decision within that time, it is, in principle, deemed rejected by administrative silence — which is why a clean, complete file, actively tracked, matters. In practice, processing varies by province and workload, and a well-evidenced file moves faster than one with inconsistencies. For applicants abroad, the consular visa stage adds its own timing, often constrained by appointment availability.

Cost

Expect costs in layers: the official fees (procedure and TIE issuance), document formalities (apostille or legalisation, sworn translations, and re-issuance if anything expires), and, if you choose it, professional fees for strategy, preparation, and submission. The cost that surprises people is rarely the government fee — it is the translation and apostille work, which is why mapping it early avoids both delay and overspend.

Can you work?

Yes. This is one of the route’s strongest features: the authorization carries the right to work in Spain as an employee or self-employed, with no separate work permit and no labour-market test, on the same footing as Spanish nationals. Once your card is granted, complete the post-approval steps — the TIE and, where you start working, Social Security registration.

Validity, renewal, and what comes after

The card is valid for up to five years from the date of issue or entry into Spain. You can start the renewal from two months before expiry and up to three months after, and starting early avoids any gap in your legal status. The five years spent under this permit count in full toward long-term residence (residencia de larga duración) under Spain’s general rules, and, where EU-mobility and integration conditions are met, toward EU long-term residence. To preserve continuity, avoid prolonged absences — broadly, no single absence over six months, and no more than ten months in total across the five-year period.

The status is also resilient if your family circumstances change. In cases such as the death of the Spanish citizen, divorce, or cancellation of a registered partnership, you may keep an independent residence right where the conditions are met (for example, a qualifying period of prior residence, and notifying the Immigration Office within the set deadlines). These situations are deadline-sensitive, so get advice quickly if they arise.

Refusal prevention: the common reasons cases fail

Most refusals are preventable. They come from weak proof, document formalities, or inconsistencies across the file. The recurring risk areas:

• Using the wrong regime: applying as family of an EU citizen when your relative is Spanish, or treating the case as an arraigo familiar that no longer applies.
• Weak proof of a stable relationship, especially for durable partners, where cohabitation and durability must be shown with objective, consistent evidence.
• Dependency not objectively demonstrated: irregular transfers, a short support history, or no proof that the relative lacks income.
• Apostille, legalisation, or translation errors, or translations that do not match passport spelling.
• Timeline mistakes: documents expiring before filing or during a subsanación window, forcing re-issuance and delay.

Our service

Official pages tell you what exists. We tell you exactly what to do next, based on your relationship, your location (Spain or abroad), and the proof you can realistically provide. Our help is structured around the points that actually decide these cases.

• Route confirmation first: Spanish-citizen family permit vs. EU family card, with a clear next-step plan before any document is collected.
• Document strategy by relationship type: spouse/partner, child, parent/ascendant, caregiver — each with a tailored checklist and proof plan.
• Formalities coordination: apostille/legalisation guidance and sworn-translation planning so nothing is rejected on a technicality.
• Submission and follow-up: filing through the correct channel, appointment strategy, and drafting responses to any subsanación.
• Refusal strategy: if denied, clear advice on whether to appeal or reapply, and how to fix the actual ground.

Frequently asked questions

Who qualifies for residence as a family member of a Spanish citizen?

Spouses, registered partners, durable partners with strong proof, children (under 21, and adult children who are dependent), and dependent parents — plus the parent or guardian of a Spanish minor, a second-degree relative caring for a dependent Spaniard, and other genuinely dependent relatives. Eligibility depends on the exact relationship and the proof standards for that category.

Is this the same as arraigo familiar?

No. For family members of Spaniards, this authorization replaced arraigo familiar from 20 May 2025. New arraigo familiar applications for this group are no longer accepted, and the new permit is more advantageous — a five-year card instead of one year, with full work rights.

My relative is an EU citizen, not Spanish. Does this apply to me?

No. If your family member is an EU, EEA, or Swiss citizen who is not Spanish, you apply under the community regime instead. See our page on the EU Family Member Residence Card, and we will confirm the correct route for your situation.

Can I apply from inside Spain without leaving?

For certain relatives — spouse, partner, first-degree ascendants, and a second-degree relative caring for a dependent Spaniard, among others — yes, the application can be filed in Spain when both you and the Spanish citizen are here. Other scenarios require a consular stage. Strategy matters most when you are in Spain as a tourist.

Do I need a visa before entering Spain?

If you are abroad, yes — after the residence authorization is granted, you apply for the entry visa at the Spanish consulate, generally within one month of notification. If you are already lawfully in Spain and your category allows in-country filing, you go straight to the TIE after approval.

How long does it take?

The Immigration Office has two months to decide; no decision in that time means rejection by administrative silence. In practice it varies by province, and a complete, well-evidenced file generally moves faster. Applicants abroad should also factor in consular appointment times.

How much does it cost?

Beyond the official procedure and TIE fees, the main costs are document formalities — apostille or legalisation and sworn translations — and professional fees if you use a lawyer. There is no large government fee; the variable cost is usually the translation and apostille work.

Can I work with this permit?

Yes, as an employee or self-employed, with no separate work permit and the same labour rights as Spanish nationals, once the card is granted and you complete the TIE and Social Security steps.

How long is the card valid, and does it lead to permanent residence?

It is valid for up to five years. Those five years count in full toward long-term residence under Spain’s general rules, provided you keep the family link and avoid prolonged absences from Spain.

What if my application is refused?

Review the grounds and act within the deadlines: typically an administrative appeal (recurso de reposición) within one month, and, if needed, a contentious-administrative appeal afterwards. Legal advice helps you target the actual reason for the denial rather than simply refiling.

Do you have any questions?

If you have any questions about residence as a family member of a Spanish citizen, or any other immigration procedure in Spain, contact Lexmovea. We confirm your correct route, prepare a file built to standard, and support you in English from start to finish — through approval, your NIE, the physical TIE, and renewals.