LEGISLATIVE REGULATION

Directive 2003/86 / EC, of September 22, on the right to family reunification.

Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration (articles 16 to 19).

Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20 (articles 52 to 58).

OBTAIN RESIDENCE FOR FAMILY REUNIFICATION

WHAT KIND OF AUTHORIZATION IS IT?

Temporary residence authorization for family reunification is a temporary residence authorization that might be granted to relatives of foreigners residing in Spain, by virtue of the right of family reunification.

REQUIREMENTS:

1. Not to be a citizen of the European Union, the European Economic Area or Switzerland, or a family member of citizens of these countries to which the Union citizen regime applies.

2. Have sufficient financial means to meet the needs of the family. The income contributed by the spouse or partner or another family member in direct line and first degree residents in Spain, who lives with the applicant, might be computed. The income from the social assistance system will not be computable.

The minimum amounts are the following:

• For family units that include two members (regroupant and regrouping) a monthly amount of 150% of the IPREM is required, which this year 2021 amounts to 847.35 euros.
• For each additional member, 50% of the IPREM must be added, meaning that in this 2021 year 282.45 euros must be added, for three members: 1,129.80 euros/month, for four: 1,412.25 euros/month.

3. Have an adequate living space.

4. Not being irregularly on Spanish territory.

5. Absence of criminal records in Spain and in their previous countries of residence for crimes existing in Spanish law.

6. Not being prohibited from entering Spain and not appearing as objectionable in the territorial space of countries with which Spain has signed an agreement in this regard.

7. Have a health care to be covered by Social Security or have a private health insurance.

8. Not suffer from any diseases that can have serious public health repercussions in accordance with the provisions of the International Health Regulations of 2005. (here)

9. Not to being found, if applicable, within the period of commitment not to return to Spain that the foreigner has assumed when benefiting from a voluntary return program.

10. Having paid the fee for processing the procedure.

11. The sponsor must have resided in Spain for at least one year and have obtained authorization to reside for at least another year. To regroup the ascendants, the sponsor must be the holder of a long-term or long-term-EU authorization.

12. The reuniting family member can be:

Spouse or person with whom the sponsor maintains an affective relationship similar to the conjugal one. In no case may more than one spouse or partner be reunited. Situations of marriage and similar affective relationship are incompatible. In the event of being married for the second or subsequent time, the dissolution and the situation of the previous spouse or partner and her relatives in terms of common housing, the pension to the spouse or partner and the children must be proven.

It is considered a relationship analogous to the conjugal:

a. When it is registered in a public registry and the registration has not been canceled, or
b. When by any proof accepted by law, the validity of an unregistered relationship, established prior to the beginning of the residence of the applicant in Spain, is proven.

13. Children of the sponsor and of the spouse or partner, including the adopted ones (provided that the adoption produces effects in Spain), under 18 years of age or disabled who are not objectively capable of providing for their own needs due to their state of health. If this is the child of one of the spouses or members of the couple, the latter must exercise sole parental authority or it must have been granted custody and be effectively in their dependency.

14. Legally represented by the sponsor, who are under 18 years of age or who have a disability and are not objectively capable of providing for their own needs due to their state of health.

15. Ascendant in the first degree of the long-term or long-term-EU resident reunifier, or of their spouse or partner, when they are in their charge, are over 65 years of age and there are reasons that justify the need to authorize residence in Spain. It is considered that they are in charge when it is proven that during the last year the sponsor has transferred funds or borne expenses of his ancestor of at least 51% of the gross domestic product per capita, in annual calculation, of the country of residence of the latter. You will find information on the Gross Domestic Product per capita by country at the World Bank (here).

16. Exceptionally, when there are humanitarian reasons, the ascendant under 65 may be reunited. Humanitarian reasons are considered, among other cases, when the ascendant lives with the applicant in the country of origin, or when he/she is incapable and is protected by the applicant or his/her spouse or partner, or when he/she is not able to provide for his/her own needs. Humanitarian reasons also concur if the applications of the ascendant spouses are presented jointly and one of them is over 65 years of age.

ADDITIONAL REQUIREMENT:

Justify the Economic Dependency “BE IN CHARGE” (the reuniting person must live “in dependency” of the community family member) here.

MANDATORY DOCUMENTATION

1. Application in official model (don’t worry, we will prepare it);

2. Complete passport, travel document or valid inscription card of the sponsor;

3. Documentation that proves that you have employment and/or sufficient financial resources to meet the needs of the family. For this you may present:

– In case of carrying out lucrative activity as an employee:

• Work contract;
• Where the last income tax return is required.

– In case of self-employed activity:

• Accreditation of the activity that is carried out;
• Where the last income tax return is required.

– In case of not carrying out any lucrative activity in Spain: certified checks, traveller’s checks or letters of payment or credit cards, accompanied by a bank certification of the amount available as a credit of the aforementioned card or bank certification.

4. Documentation accrediting of having an adequate living space.

5. Copy of the complete and valid passport or travel document of the reunificating person.

6. Copy of the supporting documentation of the family or kinship ties or existence of the de facto union or representation, and also:

– In the event of reuniting the spouse or partner:

• Sworn declaration of the sponsor of not residing with him in Spain another spouse or partner;
• If he is second time married or subsequent nuptials, a judicial decision that regulates the situation of the previous spouse and their children.

– In the case of children:

• If they are reunited by a single parent: documentation proving that they exercise parental authority alone, have custody granted, or that the other parent authorizes their residence in Spain;
• If they are over 18 years of age and are not objectively capable of providing their own needs, supporting documentation;
• If they are adopted children, resolution by which the adoption was agreed.

– In the case of represented by the sponsor:

If they are over 18 years of age and are not objectively capable of providing their own needs, supporting documentation.

– In the event of reuniting ancestors:

• Documentation proving that the sponsor during the last year of residence in Spain has transferred funds or borne the ascendant’s expenses;
• Documentation accrediting the reasons that justify the need to authorize residence in Spain.
• Where appropriate, documentation proving that there are humanitarian reasons that justify the authorization.

7. Documentation proving that you have guaranteed health care.

Important note: when documents from other countries are provided, they must be translated to Spanish or the co-official language of the territory where the application is submitted.

On the other hand, all foreign public document must be previously legalized by the Consular Office of Spain with jurisdiction in the country in which aforesaid document has been issued or if appropriate, by the Ministry of Foreign Affairs and Cooperation except in the case in which aforesaid document has been apostilled by the competent authority of the issuing country according to the Hague Convention of October 5, 1961 and unless aforesaid document is exempt from legalization by virtue of the International Convention.

PROCESS

1. Presentation of the application and payment of the fee of temporary residence for family reunification;

2. Period of resolution of the request: 45 days counted from the day following the date on which it has been entered in the registry of the competent body to process it;

3. In the case of concession, the reuniting family member has 2 months from the notification of the concession, to personally request the visa at the diplomatic mission or consular office in whose demarcation they reside (in the case of minors, they must submit the visa application that you are duly accredited representative).

The visa application must be accompanied by:

• Ordinary passport or travel document recognized as valid in Spain with a minimum validity of four months;
• Those of legal age: criminal record certificate issued by the authorities of the country of origin or the country or countries in which they have resided for the last 5 years;
• Medical certificate;
• Original documentation proving family ties and if appropriate, legal dependence.

4. The diplomatic mission or consulate will notify the granting of the visa within usually a maximum period of 2 months.

5. Once the granting of the visa has been notified, the reuniting person must collect it personally within 2 months from the date of notification (in the case of minors it may be collected by their representative).

6. Once the visa has been collected, the reuniting person must enter Spanish territory within the validity period of the visa, which will not exceed 3 months.

7. The reuniting person within 1 month of entering Spain must apply for the Foreigners Identity Card.

8. The residence permit for family reunification where the spouse, partner and children of working age are holders: enables them to work as an employee or self-employed in any part of the national territory, any occupation and activity sector without the need for additional administrative formalities.

9. The validity of the authorization of the reuniting person will be extended until the same date as the authorization that the regroupant owns at the moment of entry of the relative to Spain.