Mobility and residence within the European Union (EU) is a fundamental right of its citizens and their families. However, this right also extends to family members of citizens of the EU, the European Economic Area (EEA), or Switzerland who do not hold the nationality of these states. In this article, we will explore the application process for EU Citizen Family Residency, detailing the requirements, necessary documentation and procedures to follow.
Who can apply for EU Family Residency?
If you are a family member of an EU, EEA, or Swiss citizen, and you wish to reside in Spain for more than three months, this information is for you. Whether you plan to accompany or reunite with your loved one, Royal Decree 240/2007 opens the doors to obtain a "Residence of EU citizen's family member".
Member States Included
The EU and EEA comprise Germany, Austria, Belgium, Bulgaria, among others, including Iceland, Liechtenstein and Norway as part of the EEA agreement, and Switzerland through a bilateral agreement on the free movement of persons.
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Applicable regulations
- Directive 2004/38/ECEstablishes the right to move and reside freely.
- Royal Decree 240/2007Regulates the entry, free circulation and residence in Spain.
- Order PRE/1490/2012Rules for the application of the Royal Decree regarding entry and residence.
Requirements for the Application for Residence of a Family Member of an EU Citizen
- Accompany or meet with an EU or EEA citizen who is entitled to reside in Spain because he/she is a worker, has health insurance and sufficient financial means or is a student with the same conditions.
- RelationshipIncludes spouses, registered partners, minor children or dependents, direct ascendants, and other relatives under certain conditions.
Required Documentation
Applicants must present the official form EX-19, a valid passport, documentation of family ties, and, depending on the case, evidence of employment, sufficient financial resources, health insurance, or tuition.
Application procedure
- PresentationPersonally by the family member at the Immigration Office.
- DeadlineWithin three months of entry into Spain.
- FeesPayment must be made prior to the issuance of the card.
Validity and renewal of the EU Residence Permit for family members of EU citizens
The residence will be valid for five years from the date of issuance, or the expected period of residence of the Union citizen, if this period is less than five years, this residence authorizes you to live and work legally in Spain, and also computes you for the purpose of applying for your future Spanish nationality.
Obtaining the residence of a family member of an EU citizen is a process that facilitates family reunification within the EU territory, allowing family members of EU citizens to enjoy the same mobility and residence rights.
If this path to EU family residency seems complex to you, we want you to know that you are not alone. We, as lawyers specialized in immigration law, are prepared to assist you, ensuring that your legal journey is as smooth as possible. Your family deserves to be united, and Spanish law provides a framework to make that dream a reality. Trust us to guide you through this process with the utmost professionalism and empathy. Contact us!
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