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One of the cornerstones of the European Union (EU) is the freedom of movement, which includes not only its citizens but also their family members, regardless of whether they are EU citizens themselves.
This is set out in EU law, specifically in the Directive 2004/38/EC on the right of citizens of the Union and their family members, including the spouse of an EU citizen, to move and reside freely within the territory of the Member States.
One of the key aspects of this directive is the definition of ‘family members’. This includes not just spouses and direct descendants who are under 21 or dependent, but also dependent direct relatives in the ascending line, and the partner with whom the EU citizen has registered partnership.
Spain - being part of the EU and the Schengen Area - follows this directive, so non-EU family members of EU citizens can reside in the country. However it’s important to clarify that these rights only apply when the non-EU family member is accompanying or joining the EU citizen who is exercising his/her right to free movement.
In practical terms, a non-EU family member of an EU citizen who wants to reside in Spain for more than 3 months must apply for a Residence Permit for Relatives of EU Citizens (EU family member residence card Spain) within 3 months of entering Spain. This is issued by the Spanish authorities and proves the holder’s legal right to live in Spain and his/her spain residence status.
Moreover the EU’s commitment to the rights of non-EU family members is reinforced by the Schengen Visa. This visa allows short-stays and transit within the Schengen Area, which includes 26 European countries. A Schengen Visa granted by one of the Schengen States allows travel throughout the whole Schengen Area. The European Commission has always been clear that these rights must be respected by the Member States.
Note that these rights apply not only to EU countries but also to the wider European Economic Area (EEA) which includes any EU member state and also Iceland, Liechtenstein and Norway. Non-EU family members have the same rights in these countries as in EU countries.
Despite these rights, the non-EU family member’s status is still linked to the EU citizen. If the EU citizen leaves Spain or dies, or if the couple divorces, then the non-EU family member may lose their right to stay in Spain, unless they meet certain conditions.
In this article we will look at who qualifies for an EU family visa in Spain (or spouse visa), the process you need to go through to get a visa as an EU national family member, the documents required and the rights that may be enjoyed by the non-EU family members, both in their host EU country and any Schengen country. We’ll also cover options for those looking to move to Spain from the UK after Brexit.
1. Who can join a Family Member in Spain
This section explains the requirements for a spouse visa for Spain.
The family reunification provisions are regulated by Spanish Immigration Law to facilitate family reunification for non-EU citizens. It’s important to note that these rules are different from those for family members of an EU citizen, the European Economic Area, or Switzerland, which we refer below.
Whether the family member is legally resident in Spain as a result of a retirement visa in Spain, a Spanish digital nomad visa or is simply an EU Citizen with a right to free-movement, some of their relatives can join them. This could be particularly relevant to British citizens moving to Spain from the UK to join a family member here, as residency in Spain for non EU citizens has different requirements post-Brexit.
According to the current laws, those who have legal residency status in Spain can apply for family reunification visas for specific categories of family members, including non-EU spouses. Please find the family relationship categories below:
- The non-EU spouse or equivalent partner of the resident, provided they are not legally or factually separated. In terms of registered partnerships equivalent to marriage, this refers to the registered partner i.e. unmarried partner or civil partner on a public register, assuming the registration has not been cancelled. Alternatively, this can also refer to unregistered partners, provided that there is proof of a stable and continuous cohabitation relationship established before the resident settled in Spain. Please note, only one spouse or partner can benefit from this reunification process.
- The resident’s children, the children of the spouse or partner—including adopted children (assuming the adoption is recognised in Spain)—and those under the resident’s legal guardianship. These children should be under the age of 18 or, if they have disabilities, they should not be objectively capable of providing for their own needs due to their state of health.
- The parents (either mother or father) of the resident and those of their spouse or partner can also qualify for family reunification. However, they must be over the age of 65, be under the care of the resident, and there must be substantiated reasons indicating the need for their residence in Spain. In exceptional cases, and for humanitarian reasons, the reunification of parents under the age of 65 may also be permitted.
These rules and regulations are designed to maintain the unity of families during the immigration process. Nevertheless, each case is unique, and I would strongly recommend further personalized legal consultation with an attorney specializing in immigration to navigate the legal complexities of family reunification effectively.
I hope this provides an initial understanding of the family reunification laws in Spain. Please do not hesitate to contact me if you have any further queries.
2. How to Apply for a Spouse Visa in Spain
We should firstly note that the application process differs depending on whether the legal resident in Spain that the family member is joining is an EU citizen, or a non-EU citizen, including the spouse of EU citizen.
3. Family member joining a non-EU Citizen
The following details the application process for a non EU spouse visa Spain. When applying for a family reunification visa in Spain, the legal resident must first make an application locally at the nearest Spanish visa application centre or foreigner’s office/police station dealing with immigration matters.
In addition, there are a number of required documents that must be provided. Below are the necessary requirements:
- National Visa Application Form: Each applicant must fill out and sign this form. If the applicant is a minor, a parent, or guardian must sign on their behalf.
- Valid Passport: (Less than 10 years old) The original passport and a photocopy of the biometric data. The passport must be valid for at least four more months and contain at least two blank pages.
- Photograph: A recent passport-size, colour photograph is needed.
- Initial Family Reunification Permit: The legal resident must make an application to be joined by their non-EU family members. The original and a copy of this permit issued by the Foreigner's Office or Visa Application Centre in Spain are necessary.
- Residence Card: A certified photocopy of the legal resident’s applicant’s valid Foreigner Identification Card.
- Criminal Record Check Certificate: Applicants over the age of 18 need to submit this certificate issued by their country of origin’s relevant authorities for the past five years. This document must be authenticated with the stamp of The Hague Apostille and translated into Spanish.
- Medical Certificate: The original and a copy of a medical certificate confirming the applicant is free from any disease that could have severe repercussions on public health, as per International Health Regulations.
- Documents Establishing Family Relationship:
- For spouses: A marriage certificate issued by the competent civil registry is required. In case of second or subsequent marriages, proof of divorce from the previous spouse is needed. Birth certificates may also be required to establish family relationships.
- For unmarried couples: A certificate of registration as an unmarried couple or documents evidencing a pre-existing relationship before the applicant’s residence in Spain. This may include documentation proving relationship stability, such as joint bank accounts or shared lease agreements.
- For children: A birth certificate issued by the relevant civil registry is required. If applicable, proof of sole parental authority or custody must be provided.
- For parents: The applicant’s or spouse’s birth certificate and documents justifying the necessity of their residence in Spain are needed.
- Proof of financial means: Recent bank statements or employment contracts demonstrating sufficient income to support family members
- Proof of suitable housing: Rental agreement, property deed, or other documentation showing adequate living arrangements
- Health insurance: Proof of comprehensive health cover in Spain for all family members
4. Fees and Processing Times for the non-EU Spouse Visa
The fees vary depending on the non-EU country the family member (including the spouse of EU citizen) is coming from. You can expect to pay an administration fee of between $50 - $150.
Processing time: Again this will depend on each Consulate - although there may be specified timeframes for a decision to be made. You can expect to wait around 2-3 months for the application to be processed and authorisation issued.
5. Permanent Residence for Family Members of EU Citizens
Family members of a person who is legally resident in Spain and who is a citizen of a Member State of the EU, or a citizen of the European Economic Area, or Switzerland, including the spouse of EU citizen, who do not hold the nationality of these States, when accompanying or joining them, may reside in Spain for more than 3 months.
Such family members must apply for and obtain a residence permit or community card for a family member of a Union citizen.
The family members of EU nationals must apply at the local Foreigner's Office or National Police station dealing with immigration matters. It's recommended to book a TIE appointment (Tarjeta de Identidad de Extranjero) in advance as these can be hard to get in some regions of Spain.
The residence card issued to the family member of an EU/EEA/Swiss citizen legally resident in Spain is initially valid for 5 years and then needs to be renewed. Upon renewal of the card the family member becomes eligible for permanent residence in Spain and henceforth does not need to renew the residency card. This establishes their spanish residency status on a permanent basis.
Renewal of the residence card requires the applicant to present a valid passport and to demonstrate the continued link with the EU citizen they are joining in Spain. This is normally done by way of the padrón - the registration with the local council that the applicant is living at the same address as the EU Citizen.
6. Documentation Required for Family Members of an EU National
The family member (including the spouse of EU citizen) must present the completed form EX-19 together with the form 790/12 which shows payment of the administration fee at a bank. Additional documents to be provided to obtain the residence permit:
- Valid passport
- Documentation certifying family relationship, apostilled or legalized and translated.
- Spanish ID card or Registration Certificate of the European Union citizen.
- If applicable, proof of financial dependency.
- 3 recent colour photographs, white background, passport size.
- TIE of the EU citizen residing in Spain
- Application form from the Spanish Ministry of Foreign Affairs
- Health insurance
- Sufficient means of support
- Padrón (municipal registration) showing shared address
7. Working in Spain
The spouse visa or family reunification visa allows the family member (including the spouse of EU citizen) to live and work in Spain. No separate work permit is required.
8. Extended Family Reunification and Long-Term Residence
The Spanish immigration system also allows for extended family reunification in certain cases. This may include dependent adult children or other relatives who can demonstrate special circumstances. Applications for extended family reunification are made at the local Immigration Office.
EU long-term residence permits are available for non-EU family members who have been resident in Spain for a continuous period of 5 years. This permit gives similar rights to Spanish citizens and can be a step towards obtaining a Spanish passport in the future.
9. Residence Card Renewal and Spanish Citizenship
Family members must renew their residence cards before they expire. The renewal process involves submitting an application to the Immigration Office with updated documentation to prove continued eligibility.
After 10 years (or 5 years for some nationalities) of residence in Spain, family members can apply for Spanish citizenship. This process is handled by the Spanish Ministry of Justice and requires integration into Spanish society (language proficiency etc). Spanish citizenship gives additional rights beyond permanent residency.
10. Practicalities for New Residents
When setting up residency in Spain there are several practicalities to consider. Opening a Spanish bank account is essential for managing finances, paying bills and receiving income. Most banks require your passport, NIE number and proof of address to open an account.
Also, all residents must get a Spanish id card known as the TIE (Tarjeta de Identidad de Extranjero) which is your official identification document in Spain. This card has your NIE number and proves your legal residency.
11. Travel to another EU country
The residence card issued to family members under the family reunification program does not give any rights in other EU countries.
Remember that the card is not an identity card. The only document that serves as an identity card is the holder's passport. Your passport will be needed when travelling to other European countries, and the tourist visa that is implicit in many non-EU citizen's passports allows stays of up to 90 days in any 180-day period.
When travelling to other Schengen countries, family members should carry their valid passport and Spanish residence card. For travel to non-Schengen EU countries, check with the Spanish embassy or consulate of the destination country for any additional visa requirements.
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12. Changes in the Family Situation
A common situation that can arise is what happens to the community card or spouse visa when the circumstances under which the visa was issued, including for the spouse of EU citizen, change.
Firstly, if the family member has acquired permanent residency, as a result of having renewed their residence card after the first 5 years, then there is no change in their status even if the EU citizen/legal resident dies or gets divorced/separated or other change in circumstances. The family member may even get Spanish citizenship eventually,
Also, if the EU citizen/legal resident in Spain acquired permanent residency then their family members also acquire the same status.
Retirement
But the right to permanent residency can be acquired in the following situations before the 5 year period has elapsed:
- If employees or self-employed have reached the age specified by Spanish law for retirement and have been working in Spain for at least 12 months prior, they will be entitled to retirement benefits. Also, they must have been resident in Spain for more than 3 years. However, this residency requirement does not apply if the person is the spouse or registered partner of a Spanish citizen, or if they have acquired Spanish nationality through marriage or registered partnership with the worker.
- When self-employed persons choose early retirement, they must meet the same criteria of working in Spain for at least 12 months before retirement and having continuous residence in the country for more than 3 years. Again, the residency condition is waived if the individual is married to or in a registered partnership with a Spanish citizen, or if their spouse or partner has lost Spanish nationality due to their relationship with the worker.
- If employees or self-employed are resident in Spain for more than 2 years and are incapacitated on serious health grounds and can no longer work, they are entitled to retirement benefits. This requirement does not need proof of residency duration if the incapacity is due to a work-related accident or occupational disease, which grants them full or partial benefits from the Spanish public authority. Also, if the person is married to or in a registered partnership with a Spanish citizen, or if their spouse or partner has lost Spanish nationality due to their relationship with the worker, the length of residence is not a prerequisite.
- Finally, employees or self-employed who have been employed or self-employed in another EU member state after 3 years of continuous employment and residence in Spain can still maintain their residency rights. They must keep their place of residence in Spain, which they must return to on a daily basis or at least once a week. These periods of employment in another EU member state are counted as if they were spent in Spain, only for the purpose of entitlement to residency rights.
In this scenario, the ex-family member can renew the residence card at the end of the 5 year period, but not on the basis of being a family member of an EU Citizen/legal resident in Spain.
If the above scenario does not apply, the residence rights of a non-EU spouse/partner will not be affected where:
- the applicant is a victim of domestic violence
- the couple have a child in common and custody rights
- although not having custody, court approved visitation rights.
Death
Should the EU citizen/legal resident die, the residence rights of spouses/partners and children are unaffected, and they may continue exercising their rights to residency, including renewal of their residency after the initial period of 5 years has elapsed, and permanent residency acquired.
13. Frequently Asked Questions
How long does it take to get a family reunification visa in Spain?
The process of obtaining a family reunification visa in Spain typically takes around 6 months. This duration can vary due to factors such as the time required to secure an appointment with the immigration office and the consulate's response time. The process involves several steps, including submitting necessary documentation, undergoing interviews, and waiting for approval. It's advisable to start the application process well in advance and ensure all documents are accurately completed to avoid delays.
Who qualifies for family reunification?
In Spain, family reunification visas are available for the spouse or registered partner, children under 18, and dependent parents of the applicant. Additionally, unmarried children over 18 who are dependent due to health reasons and minor children of the spouse or partner can qualify. The applicant must have legal residence in Spain, sufficient financial means, and appropriate housing to support the family members being reunified.
What documents are required for a family visa in Spain?
For a family visa in Spain, you need:
- National visa application form (EX-19).
- Passport-sized photograph (recent, in color).
- Valid, unexpired passport (minimum validity of 6 months).
- Initial family reunification permit (issued by Spanish authorities).
- Resident's residency card (of the family member in Spain).
- Documents proving family relationship with the resident (birth/marriage certificates).
- Criminal record check certificate (from your country of residence).
- Medical certificate (confirming no contagious diseases).
- Proof of financial means (bank statements, employment contracts).
- Proof of suitable housing (rental agreement or property deed).
Can I move to Spain if my mum lives there?
The family member in Spain must have legally resided there for at least one year and have authorization to stay for another year before relatives can join them. If your mother meets these conditions, you can apply to move to Spain.
