Residence in Spain for family reunification
Residence in Spain for family reunification
Residence in Spain for family reunification is based on the European directive on the right to family reunification and on the organic law on the rights and freedoms of foreigners and their social integration.
what are the requirements for applying for family reunification residence?
- You must not be a citizen of a state of the European Union, the European Economic Area or Switzerland, or a family member of a citizen of one of these countries to whom the Union citizenship scheme applies.
- Not to be in Spanish territory illegally.
- Not have a criminal record in Spain or in their previous countries of residence for offences under Spanish law.
- Not be banned from entering Spain and not be refused entry into the territorial space of countries with which Spain has signed an agreement to this effect.
- Have health care because it is covered by social security or private health insurance.
- Not suffer from any of the diseases that may have serious public health implications in accordance with the International Health Regulations 2005.
- Not being, where applicable, within the period of the commitment not to return to Spain that the foreigner has assumed when taking part in a voluntary return programme.
- Have paid the fee for processing the procedure.
- Have sufficient financial means to meet the needs of the family. The income contributed by the spouse or other relative in direct line and first degree resident in Spain who lives with the applicant may be taken into account. Income from the social assistance system will not be eligible.
What are the minimum amounts?
- For family units with two members (applicant and applicant) a monthly amount of 150% of the IPREM is required.
- For each additional member, 50% of the IPREM must be added.
- Adequate housing.
- The applicant must have resided in Spain for at least one year and have obtained authorisation to reside for at least another year. In order to reunify relatives in the ascending line, the applicant must hold a long-term or long-term EU residence permit.
- The reunified family member may be:
- Spouse or person with whom the applicant maintains an affective relationship analogous to that of a spouse. In no case may more than one spouse or partner be reunited. The situations of marriage and of analogous relationship of affectivity are incompatible. In the case of being married or being a partner for the second or subsequent time, the dissolution and the situation of the previous spouse or partner and their family members in terms of the common home, the pension to the spouse or partner and the children must be accredited.
What is considered to be a relationship analogous to a marital relationship?
- when it is registered in a public register and the registration has not been cancelled, or
- When, by any means of evidence admitted in law, the validity of an unregistered relationship established prior to the commencement of the applicant's residence in Spain is proven.
- Children of the sponsor and the spouse or partner, including adopted children (provided that the adoption produces effects in Spain), under 18 years of age or disabled who are objectively incapable of providing for their own needs due to their state of health. If the child is the child of one of the spouses or partners, he/she must have sole parental authority or must have been granted custody and be effectively in his/her charge.
- Legally represented by the applicant, under 18 years of age or have a disability and are objectively unable to provide for their own needs due to their state of health.
- First-degree ascendant of the applicant who is a long-term or long-term EU resident, or of his/her spouse or partner, when they are dependent on him/her, are over 65 years of age and there are reasons that justify the need to authorise residence in Spain.
They are considered to be dependants when it is proved that during the last year the applicant has transferred funds or borne expenses of his ascendant of at least 51% of the gross domestic product per capita, on an annual basis, of the country of residence of the latter.
Exceptionally, where there are humanitarian reasons, the relative in the ascending line who is under 65 years of age may be reunited. Humanitarian reasons are considered, among other cases, when the relative in the ascending line lives with the sponsor in the country of origin, or when he/she is incapable and under the guardianship of the sponsor or his/her spouse or partner, or when he/she is unable to provide for his/her own needs. Humanitarian reasons also apply if the applications of the spouse or partner in the ascending line are filed jointly and one of them is over 65 years of age.
what documentation is required?
- Preliminary report application form,
- Copy of the applicant's full passport, travel document or valid registration certificate.
- Certified copy of the documentation proving that you have employment and/or sufficient economic resources to meet the needs of the family. To this end, you may present:
- In the case of employed persons:
- Copy of the employment contract.
- If applicable, the latest personal income tax return.
- In the case of self-employment:
- Accreditation of the activity carried out.
- If applicable, the latest personal income tax return.
In case of not carrying out any lucrative activity in Spain: certified cheques, traveller's cheques or letters of payment or credit cards, accompanied by a bank certification of the amount available as credit on the said card or bank certification.
- Documentation accrediting the availability of adequate housing. For this purpose, a report issued by the competent body of the Autonomous Community of the applicant's place of residence must be attached. The report may be issued by the Local Corporation when this has been established by the Autonomous Community.
This requirement may be justified by any means of proof admitted in law in the event that the Autonomous Community or the local Corporation has not issued and notified the report within thirty days from the date of the application. In this case, the documentation provided must refer to: the title that authorises the occupation of the dwelling, the number of rooms, the use for which each of the rooms is intended, the number of people living in the dwelling and the conditions of habitability and equipment. A copy of the proof of having requested the report from the Autonomous Community or Local Corporation must also be provided.
- Copy of the complete and valid passport or travel document of the person being reunited.
- Copy of the documentation accrediting the family or kinship ties or the existence of the de facto union or representation, and in addition:
- In the case of reunification of a spouse or partner:
- Sworn declaration by the applicant that there is no other spouse or partner residing with him/her in Spain.
- If married for the second or subsequent marriage, a court decision establishing the status of the former spouse and their children.
- In the case of children:
- If they are reunited by a single parent: documentation accrediting that they exercise parental authority alone, that they have custody, or that the other parent authorises their residence in Spain.
- If they are over 18 years of age and are not objectively capable of providing for their own needs, supporting documentation.
- If they are adopted children, the resolution by which the adoption was agreed.
- In the case of those represented by the applicant:
- If they are over eighteen years of age and are objectively incapable of providing for their own needs, supporting documentation.
- In the case of reunification of relatives in the ascending line:
- Documentation proving that the applicant has transferred funds or borne expenses of the ascendant during the last year of residence in Spain.
- Documentation accrediting the reasons justifying the need to authorise residence in Spain.
- Where applicable, documentation proving that there are humanitarian reasons justifying the authorisation.
- Documentation accrediting that you have guaranteed health care.
Decision delay on the application for family reunification residency
Normally, the deadline for the resolution of the application is forty-five days from the day following the date on which it was received at the registry of the body responsible for processing it. Once this period has elapsed without the Administration having made the notification, the application may be understood to have been rejected due to administrative silence.
If the visa is granted, the reunited family member has two months from the notification of the granting of the visa to apply in person for the visa at the diplomatic mission or consular post where he/she resides (in the case of minors, the visa application must be submitted by their duly accredited representative).
The visa application must be accompanied by:
- Ordinary passport or travel document recognised as valid in Spain and valid for at least four months.
- Those over the age of criminal responsibility: criminal record certificate issued by the authorities of the country of origin or of the country or countries in which he/she has resided for the last five years.
- Medical certificate.
- Original documentation proving family ties and, where applicable, legal dependency.
The diplomatic mission or consular post shall notify the issuing of the visa, where applicable, within a maximum period of two months.
Once the visa has been collected, the sponsor must enter Spanish territory within the period of validity of the visa, which shall not exceed three months.
Within one month of entering Spain, the reunited person must apply in person (in the case of minors, the representative, accompanied by the minor) for the Alien's Identity Card at the Alien's Office or Police Station in the province where the authorisation has been processed.
The applicant and, where applicable, his representative shall produce his passport or travel document as proof of his identity at the time of the fingerprinting procedure.
You will have to provide:
- Application for a foreigner's identity card.
- Proof of payment of the fee
- Three recent colour photographs, white background, passport size.
- In case the reunited person is a minor, documentation proving representation.
The residence permit for family reunification held by the spouse, partner and children of working age: entitles the holder to work as an employee or self-employed person in any part of the national territory in any occupation and sector of activity without the need for any administrative procedure.
The period of validity of the reunified person's authorisation shall be extended until the same date as the authorisation held by the sponsor at the time of entry of the family member into Spain.