ESC Visa for Families of Citizens of UE, UEE and Swiss

Overview of ESC Visa for Families of Citizens of UE, UEE and Switzerland

The ESC Visa for family members of citizens of EU, UEE and Switzerland allows visa holders to enter Spain with a valid passport and visa. After entering Spain, visa holders may apply for residency and work authorisation so that they can work in Spain like EU citizens.

With the visa, those who are not from the EU can get permission to travel to Spain, based on the citizenship of their relatives in the region.

Family members of a Union citizen who has a valid residence card may not have to apply for a visa at all as the residence status of their relative exempts them from the entry visa requirement for travelling to Spain.

Key Facts – ESC Visa for Family Members of EU/EEA/Swiss Citizens

Eligibility Criteria

To get a visa as a family member of a citizen of the Union, you must be one of the following:

• Spouse of an EU citizen with no annulment or divorce
• Partner of a person registered in a Member State of the European Union or EEA or Switzerland
• Direct relatives in ascending line of Union citizen or of their spouse or registered partner
• Direct descendants of a Union citizen or of the spouse or registered partner who are under the age of 21 or above age and disabled or dependant
• Family members, other than those listed above, who live with the citizen or are their dependants in their country of origin
• Other family member who requires care by the citizen due to disability or serious health issues
• Unregistered partner that can prove stable cohabitation of one year which is duly attested or confirmed through shared children

Eligibility – Who Can Apply?

How Do I Apply for the Visa for Families of Citizens of UE, UEE and Switzerland?

Applications made for the visa will need to be made in person. Before submitting the application, you will have to make an appointment. The application may be made directly at the consular office. Alternatively, you can submit the application in writing to the visa application centre.

The visa application should be made between 6 months and 15 days before the date you need to travel. After a visa application is made, the consular office provides proof of receipt of the application to the applicant. It contains a code that can be used to view the status of the dossier.

You will need to provide your facial image and fingerprints. Applicants who are under 12 years old or whose fingerprints have been taken in the previous 59 months are exempt from the requirement to have their fingerprints taken.

The fingerprint must meet a quality standard for an individual who has previously taken their fingerprint to be exempt from the requirement.

Application Process for Minor Applicants

Legal representatives must submit the application for applicants that are minors. Unless the purpose of the trip is to visit a parent that lives in Spain, the application form for minors (aged below 18 years) may have to be signed by both parents.

Application Process & Timeline

What Documents Do I Need to Provide for the ESC Visa for Families of Citizens of EU, UEE, and Switzerland?

The following documents are required to apply for the ESC Visa for families of citizens of EU, UEE, and Switzerland:

• Schengen visa application form
• Valid, unexpired passport
• Documents that show the family relationship between the applicant and a citizen of the Union or a State of the European Economic Area or Switzerland
• Proof of residence from the consular district
• Photograph

Document Requirements for Other Relatives

Children over the age of 21, ascendant relatives, or other relatives will have to provide documents that prove their dependence on the citizen (of the Union or a State of the European Economic Area or Switzerland) to take care of them.

Documents that may be provided to prove economic dependency on the citizen include money receipts issued during the 24 months before the visa application. The expression of the sender (citizen), visa applicant, shipping dates, and amounts sent would need to be provided. Bank statements or bank certificates can be used by the citizen to justify the shipments.

Documents Checklist for Visa Application

What are the Fees and Processing Times for the ESC Visa?

The legal period for deciding on the application is 15 calendar days. If additional documents and an interview is requested, the time period may be increased to 45 calendar days.

The visa is free of charge. However, if you voluntarily apply for it at a visa application centre, you could be charged €15.45 for the services. The fee charged for services can vary, depending on the visa application centre that is used.

What Happens After I Apply?

If your application is rejected, you will be informed in writing of the reasons the decision was made on your application.

To appeal against the rejection of your application, you may submit an appeal for reconsideration to the consular office within a month of the day you were informed of the rejection of your application.

You can also make an application for judicial review with the High Court Justice of Madrid within 2 months after the day you receive the rejection of your application or dismissal of your reconsideration appeal.

What Happens After My Application is Approved?

Visa holders are entitled to stay in the Schengen area for up to 90 days in any 180-day period. With the visa, they may transit through the territory and airports.

If a family member of a Union citizen wants to stay in Spain for over 90 days, they should (upon entering Spain) submit an application with the authorities for a residence card as a Union citizen family member. The application would need to be made within 3 months of the date of entry into Spain.

Rights & Next Steps After Visa Issued

Applying for Residency in Spain

To apply for residence, you need to be registered with your municipal council. The register is a municipal administrative register which is also known as ‘padrón’. The application may be made at the Central Register of Non-nationals. It can also be made at the relevant local police station.

Residence card applicants are subject to the requirement that they can show that they have enough resources for themselves and their family members to not burden Spain’s social assistance program during their period of residence and that they have comprehensive health insurance. Applicants should also be able to show that they are workers, self-employed, or studying.

The residence card is valid for 5 years from the date of issue or the expected period of residence of the EU citizen if the period is less than 5 years.

You should note that the provision of the visa does not automatically entitle you to enter the Schengen area. All the legal entry requirements have to be met to travel into the region.

How can IAS Help with ESC Visas?

People often look for their family members to join them to live in Spain. With so many different types of visas, they can get confused about what it takes for their family members to be granted entry into Spain.

Applicants can get concerned about the number of eligibility requirements that need to be met and the  documents that have to be submitted for the visa application. Fortunately, IAS is able to provide the expert support you need to go through the application process.

IAS can help you determine whether you are eligible for the ESC Visa for families of citizens of UE, UEE and Swiss. We will guide you through the steps to get the visa, advising you on the best decisions to make in the visa application process. In each step, you will receive quality support, from preparing documents you need to submit to planning for your interaction with the consular office.

Our experienced lawyers are well-versed in assisting people to successfully apply for ESC Visa for families of citizens of UE, UEE and Swiss. Immigration Advisory Services gets applications processed quickly for the ESC Visa for families of citizens of UE, UEE and Swiss.

To get more information about our immigration services and how we can help you, call us on +44 333 4149244, or contact us online today.