The free movement of persons within the European Union (EU) is a fundamental right, and so is the possibility of reunite with your relatives if you are a citizen of the EU, the European Economic Area (EEA) or Switzerland.
In this article we explain everything you need to know in order to apply for the residence of a family member of an EU citizen in SpainWho can apply for it, what are the requirements, what documentation to submit and how to do it correctly.
Who can apply for this residency?
The residence of a family member of an EU citizen is designed for non-EU foreign nationals who wish to reside legally in Spain for more than three months and who maintain a residence permit for more than three months. direct link to a community citizen. This citizen must reside in Spain and be in one of the following situations: working, studying, or have financial resources and medical insurance.
Family members who may benefit are:
- Spouse or registered partner
- Children under 21 years of age or older if economically dependent
- Direct dependent ascendants (citizen's or spouse's parents)
- Other family members if they are financially dependent or require care for health reasons.
Countries included in this residency
This right applies to citizens of all EU and EEA countries, among them:
Switzerland, under bilateral agreements
Germany, France, Italy, Portugal, Belgium, the Netherlands, etc.
Iceland, Liechtenstein and Norway (EEA)
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Applicable legislation
The main regulations governing this figure in Spain include:
- Directive 2004/38/ECRight of free movement and residence of EU citizens and their family members.
- Royal Decree 240/2007The following table regulates its application in Spanish territory.
- Order PRE/1490/2012The following section develops practical procedures for this type of residency.
Residency requirements
In order to obtain this residency, several requirements must be met:
To be a student with means and insurance.
- Meet or accompany a community citizen who has the right of residence in Spain.
- Demonstrate the family bond by means of official documentation.
- The EU citizen must:
- Be working in Spain, or
- Have sufficient financial resources and health insurance, or
- To be a student with means of living and insurance.
Application procedure
- PresentationIn person or by telematic means, either by the non-EU family member or by their legal representative, at the Immigration Office where they reside.
- DeadlineWithin three months of entry into Spain.
Duration and renewal
The residence of a family member of an EU citizen has a initial validity of five years. If the expected period of residence of the EU citizen is shorter, the card will be granted for that time.
This card allows you to work legally in Spain and counts as continuous legal residence for the purpose of applying for Spanish nationality. further on.
Need help with your application?
If this procedure seems complex to you, do not worry. In our office we are specialists in immigration and Spanish nationality procedures. We will help you to prepare all the documentation correctly, solve doubts and avoid errors that could delay or deny your file.
👉 Schedule an appointment with us from anywhere in the world. We are here to support you in every step of your immigration process.
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