Family Member of a Spanish Citizen
It is a temporary residency authorisation intended for those individuals who are not EU/EEA/Swiss citizens, who have a bond with a person of Spanish citizenship.
The place and time when the bond was created are not important.
The objective is for the family member to accompany, join, or reunite with the Spanish citizen in national territory, unless they are children whose parent(s) are or have been Spanish by origin, who may apply for the authorisation under any circumstances.
The following foreign individuals may benefit from this authorisation:
Spouse, over 18 years old, when there has been no agreement or declaration of nullity of the marriage bond or divorce and it has not been established fraudulently.
Unmarried foreign partner, over 18 years old, who maintains with the Spanish national a relationship of affection analogous to marriage and registered in a public registry established in a Member State of the EU/EEA/Switzerland, when it has not been established fraudulently and such registration has not been cancelled.
Unmarried foreign partner, over 18 years old, with whom the Spanish national has a relationship of affection analogous to marriage, and when one of these two conditions is met:
A coexistence of at least twelve continuous months is evidenced, either inside or outside of Spain.
It is evidenced that they have common descendants (children).
Children under 18 years old of the Spanish citizen, or of their spouse or partner.
Children, over 18 years old and under 26 years old, of the Spanish citizen or their spouse or partner.
Children over 26 years old, of the Spanish citizen or their spouse or partner, when they have a disability or are dependents (a cargo).
Ascendants (father/mother) of the Spanish citizen or their spouse or partner, when they are dependents (a cargo) and lack family support in their country of origin or there are humanitarian reasons.
Father or mother of the child of Spanish citizenship, when the foreign individual demonstrates that the child is under their care, lives with them, or meets their parental obligations.
Guardian of the child of Spanish citizenship, when the foreign individual demonstrates that the child is under their care and lives with them.
Only relative, up to second degree by blood or affinity, who provides or is going to provide care to the individual with Spanish citizenship who has a recognised degree of dependency under Article 26 of Law 39/2006, of the 14th of December.
Children whose father or mother are or have been Spaniards by origin.
Other family members, not included in the previous sections, and who can prove, effectively, at the moment of the application, that they are under their care (a cargo).
The authorisation can be requested by the Spanish citizen or the foreign individual, and their respective legal representatives, depending on where they are, whether in Spain or outside of Spain:
Where are the parties located? | Who can apply? | Where can it be applied for? | Observations |
|---|---|---|---|
Spaniard in Spain and Foreigner at origin | 🇪🇸 The Spaniard or their legal representative. | 🏢 Foreigners Office (OEX) of the province where the Spaniard resides in Spain. | 🏠 When both intend to effectively establish their residence in Spain. |
Both outside Spain | 🌎 The foreigner or their legal representative. 🚋 Traam can help with document collection, and the presentation must be made by the foreign individual before the Consular Office. | 🏛️ Spanish Consular Office in the country of origin or residence of the foreign individual. | 🏠 When there is an intention to actually move or establish their residence in Spain. |
Both on national territory | 🇪🇸 🌎 Either the Spaniard or the foreigner. | 🏢 Foreigners Office (OEX) of the province where both reside in Spain. | 👪 Reserved exclusively for specific family members:
|
ℹ️ In any circumstance, the child whose parent or parents are or have been Spanish by origin. | |||
Requirements
🌎 Not being a citizen of the European Union, EEA (Iceland, Liechtenstein and Norway) or Switzerland.
⚖️ Lack of a criminal record in Spain and in the countries where the person has resided in the last five years, for crimes existing in Spanish law.
🚓 Not pose a threat to public order, security, or public health.
🚫 Not being listed as inadmissible in the Schengen area.
🛑 Not being within the commitment to non-return period to Spain.
🌡️ Not suffering from any of the diseases that may have serious public health implications under the provisions of the International Health Regulations of 2005.
Only if it applies from outside the Spanish territory.
👨👦 Having family ties with a person of Spanish citizenship.
General Requirements
📄 Application form EX-24
Documents of the person with Spanish citienzhip:
🪪 Complete copy of the passport, or valid national identity document.
📄 Sworn declaration from the Spanish citizen that no other spouse or partner resides with him/her.
✂️ Proof of the dissolution(s) of previous marriage(s), in the event that the Spanish citizen has been previously married.
Documents of the foreign person:
🪪 Complete copy of the passport, registration card or valid travel document recognised as valid in Spain.
👮🏼♂️ Criminal record certificate issued by the authorities of the country or countries where you have resided during the last five years prior to the submission of the application.
🌡️ Medical certificate, certifying that the individual does not suffer from any diseases with public health implications as per the International Health Regulations of 2005.
Only if applicable from outside Spanish territory.
Specific Documents
Spouse
🥂 Marriage certificate.
Registered Civil Partner
📋 Registration in the civil partnership register in a public registry of an EU/EEA/Switzerland country.
Unregistered Civil Partner
One of the following documents will be required:
🏠 Documentation proving the cohabitation of at least twelve months, in Spain or outside Spain, through a housing lease agreement, public deed of sale of housing, joint municipal registration certificate, among others, or
👦🏻 Proof of having common descendants through the birth certificate of the common child/children.
Child Under 18 Years Old
The following two documents will be required:
🔗 Documentation proving the family relationship, with the birth certificate, and
🧑🏼⚖️ Document proving that the parent exclusively exercises parental authority with the birth certificate itself, court ruling on deprivation of parental authority, among others, or a document proving that the other parent gives consent through notarised power or judicial authorisation, among others.
Child Aged 18 to 26 Years Old
🔗 Documentation proving the family relationship, with the birth certificate.
Child Over 26 Years Old
The following two documents will be required:
🔗 Documentation proving the family relationship, with the birth certificate, and
🤲🏽 Documentation proving being in charge of (a cargo) or having a disability.
Ascendants
The following two documents will be required:
🔗 Documentation proving the family relationship, with the birth certificate, and
🤲🏽 Documentation proving being in charge of (a cargo) or humanitarian reasons.
Father or Mother of the Spanish Minor
The following two documents will be required:
🔗 Documentation proving the family relationship, with the birth certificate of the underage Spanish national and
🏠 Document confirming that they cohabit jointly through the joint municipal registration certificate (empadronamiento conjunto), or if there is no cohabitation, documentation proving that the father or mother meets their parental obligations, i.e., proof of being up to date with the child support payments.
Guardian of the Spanish Ward
The following three documents will be required:
🪪 Identity document of the ward of Spanish nationality, and
🧑🏼⚖️ Documentation proving the guardianship, with the guardianship resolution that designates the guardian as the legal representative and tutor, and
🏠 Documentation that the guardian lives with or is in charge of the ward with Spanish nationality, either with the joint municipal registration certificate (empadronamiento conjunto) or the documents proving their economic support.
Only Relative
For those up to the second degree of consanguinity or in-laws, who are caregivers of the Spanish citizen. The following two documents will be required:
🔗 Documentation proving the family relationship, with the birth or marriage certificates or other necessary documents, and
♿ Documentation proving the needs and degree of disability of the Spanish citizen, according to art. 26 of Law 39/2006, of 14 December, with the corresponding medical or legal reports, if applicable.
Child Whose Father or Mother Is or Has Been a Spanish National by Birth
📍 Certificate of birth of the father or mother who is or has been a Spanish national by birth (de origen), and
📄 Certificate of birth of the child.
Other Relatives
Those not provided for in the previous section, who are in charge of the Spanish citizen. The following two documents will be required:
🔗 Documentation proving the family relationship, with the birth certificates or other necessary documents, and
🤲🏽 Documentation proving that the foreign person in charge of (a cargo) of the Spanish citizen.
Translation and legalisation of documents
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FAQ
What rights does this authorisation grant?
What procedures does Traam offer regarding the temporary residence authorization for family members of Spanish nationals?
Is there a fee for this authorisation?
How long is the initial authorisation granted for?
What is the deadline for the authorisation resolution?
If I am granted authorisation in Spain, do I need to carry out any additional procedures?
If the consular office grants me the authorisation, what is the process to follow?
From what moment will I be able to work?
When my temporary residence authorisation for family members of Spanish nationals expires, what can I apply for?
In what context can one apply for an independent residence permit?
Will I be able to regroup other family members with this authorisation?
Does the time for the temporary residence authorisation of family members of Spanish nationality count towards citizenship?
What is meant by "being in charge"?
Can this authorisation be applied for while in an irregular situation?