What does it mean to be "in charge of" ("a cargo") for Immigration Authorities?

It is a concept that has been used for a long time in immigration law, but it was an indeterminate legal term, meaning it was not defined what it meant or how it was calculated, since no regulation exactly governed what was to be interpreted by "being dependent" / "a cargo".

Without clear written rules, in practice Immigration was a minefield. As there was no single criterion, each Immigration Office in Spain interpreted the concept as it wished; this generated a situation of absolute legal insecurity since applicants did not know what to expect. In addition, it ignored other situations of dependency, different from the economic, that may exist, such as physical and social. Applicants had to challenge rejections in court for them to clarify the situation, spending time and money. It was a deeply unjust situation for foreigners.

Finally, the 196th article of the Immigration Regulations 1155/2024, titled "concept of a dependent foreign person and humanitarian reasons", sheds some light on this concept and specifies what we should understand by having a dependent relative. 

Next, we will analyse the four types of dependency or reasons for which one can be and demonstrate "being dependent":

1. Economic

2. Physical

3. Presumed

4. Humanitarian reasons

💸 Economic Dependency

What Does Economic Dependency Look Like?

Economic dependency must be characterised by these three dimensions: 

1. It must be real, stable, and sustained over time. There will be no economic dependency when it concerns aid in isolated and specific situations. → It must be proven for a minimum period of one year.

2. It must occur in the country of origin or departure. → The dependent relative must be located in the country of origin/residence.

3. It must pre-exist at the time of the submission of the application. → The economic support must have been provided with a minimum time in advance; we recommend it to be one year before the application.

What Needs to Be Proven?

Two fundamental aspects must be met, independently of each other.

1️⃣ Demonstrate That the Relative Is Dependent.

It is understood that a person is dependent if they have received funds or had expenses covered for at least the year prior to the application, which represent amounts equivalent to or greater than 51% of the GDP per capita of the country of origin, on an annual basis, according to data published by the World Bank.

⚠️ Clarifications: 

• Receiving funds is understood as the fact that the dependent relative abroad has been the recipient of constant and periodic money transfers from Spain.

• Having expenses covered is interpreted as the fact that the Spanish citizen has directly assumed the essential living costs of the relative (housing, health, food, schools, among others), demonstrating that without that support the relative could not survive in their country of origin.

2️⃣ Economic Capacity to Maintain the Dependent Relative.

In this regard, the person supporting the dependent relative must have one of the following:

Option A

Income, rents or yields equivalent, in euros or their legal equivalent in foreign currency, to 100% of the monthly amount, including extraordinary payments, of the non-contributory pensions (NCP) fixed annually by the General State Budget Law, divided by twelve, when it is a family unit of two people, or 130% in family units that include more than two members.

Option B

Assets valued at an amount equal to or greater than, in euros or its legal equivalent in foreign currency, three times the amount indicated in the previous section, on an annual basis. 

• Under no circumstances can the household unit, neither the person maintaining the dependent relative nor the dependent, be recipients of the minimum vital income (IMV).

• Be aware that if you already have someone dependent in Spain, you will need to prove the economic means for family units of three or more people. It is important to know that once reaching the second threshold (from three members), the amount stabilises at a fixed amount that no longer increases, regardless of whether the family consists of 3, 5, or 10 people.

At Traam, we have created our own calculator so that you can perform the calculations yourself with the local currency in the country of origin:

🧮 We present the Traam Calculator.

🧑🏽‍🦽‍➡️ Physical Dependency

This occurs when the relative cannot fend for themselves due to their health. Several requirements must be met:

🩺 That there are serious health reasons. 

👤 That the applicant lacks adequate family support in the country of origin.

⏳ That the situation of dependency exists with prior character to the submission date.

🤒 That the applicant is not objectively capable of providing for their own needs due to their state of health.

🔗 Presumed Dependency

It will be understood that they are dependents, presumed, if one of the requirements is met:

🧓🏼 Those ascendants over 80 years old, or 

💊 People who seem to have illnesses consisting of multiple pathologies tending to chronicity, severe loss of functional or mental capacity.

♿ Those individuals who, due to age, illness, or disability, have a recognised level of dependency by the competent bodies of public administrations.

In this case, article 26 of Law 39/2006, of December 14, on the Promotion of Autonomy and Care for people in a situation of dependency, classifies the levels of dependency into three main groups:

• Grade I. Moderate dependency: when the person needs help to carry out several basic activities of daily living at least once a day or has intermittent or limited support needs for their personal autonomy.

• Grade II. Severe dependency: when the person needs help to perform several basic activities of daily living two or three times a day but does not want permanent support from a caregiver or has extensive support needs for their personal autonomy.

• Grade III. Great dependency: when the person needs help to perform several basic activities of daily living several times a day and, due to their total loss of physical, mental, intellectual, or sensory autonomy, needs indispensable and continuous support from another person or has generalised support needs for their personal autonomy.

🕊️ Dependency for Humanitarian Reasons

It is understood that humanitarian reasons converge when the person is in their country of origin or residence and one of the circumstances mentioned below occurs:

💥 Armed conflict: That in the country of origin/residence there is a situation of armed conflict or social difficulty due to it, or

🌋 Disasters or natural disasters: That the country of origin/residence is affected by disasters or natural or human-made disasters, or

🏥 Diseases: That the dependent relative suffers an illness consisting of multiple pathologies tending to chronicity, or a severe loss of functional or mental capacity, or

♿ Degree of dependency: That the applicant or their spouse, registered partner, children or legally represented persons, have a recognised degree of dependency, as provided in article 26 of Law 39/2006, of December 14, mentioned in the previous section, or

🧓🏼 Ascendant over 65 and another under 65: That one of the ascendants over sixty-five years has obtained authorisation, or

🫂 Caregiver ascendant: When the ascendant is going to provide care to underage or adult children who have a disability requiring support or who are unable to provide for their own needs due to their state of health, or

➕ Other cases: In other cases different from the above, as long as there is a prior favorable report from the General Directorate of Migration Management (Dirección General de Gestión Migratoria).

⭐️ Traam can help you manage your immigration procedures, providing guides and support from our legal team. Entrust your application to us for a faster, smoother experience. With our expertise, knowledge, and support, you can ensure your application is error-free.