Family reunification

Description

General framework

If you are an foreign national who reside in Spain, you should know that you have the right to family reunification to maintain the unity of your family.

Our immigration lawyers will help you reunite with your family.

You shall comply with specific conditions to to that, such as a minimum period of stay in the country or prove attesting the possession of sufficient resources for yourself and your relatives during the period of residence in Spain.

In general, at least spouse and minor dependent children can exercise the right to reunification, but this right can be extended to de facto households, to ancestors and other relatives, according to the regulations applicable in each State.

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COMMUNITY REGIME

There are different types of reunification, depending on the type of residence permit that you have.

The residence visa for family reunification in community regime enables the holder (family member of citizens of the European Union, Iceland, Liechtenstein, Norway or Switzerland, who are resident in Spain) to reside in Spain for a period of more than 90 days.

Who can apply:

Relatives of a citizen of the abovementioned States:

• The spouse, not separated de facto or de jure, and provided that the marriage has not been entered into fraudulently.
• The civil partner with whom the applicant has a relationship equal to the conjugal one, recorded in a public registry in a member state of the European Union, Iceland, Liechtenstein, Norway or Switzerland.
• Descendants of the applicant and those of the spouse/ civil partner (provided they are not legally separated) under 21 years of age or older as long as they are dependants.

Ascending relatives of the applicant and those of the spouse/ civil partner when they are dependants

EXTENDED FAMILY

The Reform of the Regulations of the Community Regime – Royal Decree 987/2015, October 30th, 2015, amending the Royal Decree 240/2007, February 16th, 2007 – introduce a much broader family concept.

The European Union has forced Spain to expand the concept of family that existed so far, and replace it with another known as “extended family“.

• The spouse and registered civil partner.

The spouse (married with a marriage valid in Spain) and the civil partner with whom the applicant has a relationship equal to the conjugal one, recorded in a public registry in a Public Registry of civil partnerships – either regional or local – which does not allow duplication of registration.

• Descendants of the applicant and those of the spouse/ civil partner (provided they are not legally separated) under 21 years of age or older as long as they are dependants.

If underage, an authorization from the other parent (if there is one) it will be needed.

If 21 years old or older, it is mandatory to prove that in their country of origin they depend exclusively on the money provided by the Spanish/ EU family member.

• Ascending relatives of the applicant and those of the spouse/ civil partner when they are dependants. As in the previous case, it is mandatory to prove that they depend on the money provided by the Spanish/EU family member. The age of the ascending relative is not relevant.
• Other family members: Extended Family (Article 2.bis).

– Any other family member who, at the time of the request, depends on the Spanish/EU citizen, or is a cohabitant.

– Family members who, due to serious health or disability problems, are under the responsibility of the community citizen. In this case, the degree of financial and physical dependence, the degree of relatedness and the severity of the illness or disability, as well as the lenght of previous cohabitation will be assessed. In any case, cohabitation will be deemed demonstrated if it has lasted at least 24 months.

• Civil partner (not registered) with whom a stable relationship – duly proven – is maintained.

The stable relationship will be deemed demonstrated in all cases where there is a premarital cohabitation of at least one year, and if there are common children.

INDEPENDENT RESIDENCY

Now, once the visa is granted, the family members have the possibility to opt for a residency and work authorization independent from that of the resident.

The requirements to obtain this type of authorization:

• Not being an European citizen, a citizen of the European Economic Area or a Swiss Citizen, or family member of the citizens of these countries, to which the same EU citizens treatment applies.
• Having a temporary residence authorization for family reunification.
• Having paid the procedure fee.

If the family member is a spouse/civil partner, one of the following assumptions must be proved:

• In case of separation, divorce, cancellation of the registration or end of life as a couple: the family member has to demontrate that he/she have lived in Spain with the EU citizen for at least two years.
• In case of being a victim of gender violence or domestic violentce: a report from the Public Prosecutor or a court order for protection.
• Death of the EU citizen.
• Not having debts with the Tax or Social Security Authorities and being in any of the following cases:

– Having sufficient financial means to grant a non-lucrative temporary residence permit (i.e., being able to prove the 400% of the IPREM, which this year amounts to EUR 2,132), or alternatively:

– Having one (or more) work contracts with a minimum duration of one year, at the moment of the application, and whose remuneration is not less than the minimum monthly salary, full time, for fourteen payments.

– Comply with the requirements for the granting of a residence and work permit for their own account.

– If they are children or represented, when they reach the age of majority and they are in one of the following situations:

• Five years of residence in Spain.
• To be able to prove that:

1. They have the financial means to grant a temporary non-lucrative residence permit (i.e., being able to prove the 400% of the IPREM, which this year amounts to EUR 2,132);
2. They have one (or more) work contracts with a minimum duration of one year, at the moment of the application, and whose remuneration is not less than the minimum monthly salary, full time, for fourteen payments, necessary for the granting of the residence and work permit for employees.

• They meet the requirements for the granting of a residence residence and work permit for their own account.

In the case of ascending relatives, when they meet the requirements to modify their authorization and obtain a residence and work permit (for employees, self-employed persons, for research or as a Highly Skilled Professional).

Steps to follow:

Depending on the cases, there are differents requirements and procedures to follow.

• Applicant’s residency in Spain.
• In some cases, the visa of the country of origin must accompany the application.
• Passport, travel document, or valid ID with a minimum validity of four months.
• Persons of full age: criminal record certificate covering the previous 5 years, if the family member joining the resident is over the age of criminal responsibility.
• Medical certificate.
• Original documentation proving family ties.

1. The diplomatic mission or consular office shall notify the granting of the visa within a maximum period of two months.
2. If the visa is granted, the family member has to collect it in person within two months from the date of notification (in the case of minors, the visa has to be collected by the legal representative).
3. Once the visa has been collected, the family member must enter Spanish territory within the period of validity of the visa, which shall not exceed three months.
4. Within a month from entering Spanish territory, the family member shall personally request (except in the case of minors) the Foreigners Identity Card (Tarjeta de Identidad de Extranjeros) to the Immigration Office or Police Station of the province where the authorization has been processed.
5. The validity of the family member’s authorization will be extended until the same date of the applicant’s authorization at the time of the family member’s arrival in Spain.

What’s included:

Our immigration lawyers can help you process your request for family reunification.

From the first step, we will assist you managing the request, the visa process in your country of origin, the application for your residence in Spain.

What’s not included:

We do not provide assistance at the Spanish Consulates in the applicant’s country of origin. We provide personal assistance in our offices in Madrid, Barcelona and Santo Domingo, in the Dominican Republic.

In all other cases, we can offer professional legal advice online.