Spain Non-EU Minor Visa

What is a Spain Non-EU Minor Visa?

The Spain Non-EU minor visa category is a Spanish Visa. This tier is a form of the family reunification visa created for Non-EU Spanish residents who wish to bring their children over to Spain to live together with them. The visas are for minors, representing children under the age of 18 who wish to enter Spain in order to live with their father or mother. The single parent, or a couple, as the case may be, would be a non-European Union citizen residing legally in Spain. In the event that a single resident wishes to bring in their family members which include their spouse and children to Spain at the same time, they are required to apply through the family reunification visas applicable to them.

Similar to the family member Non-EU spouse visas, the minor tier allows foreign nationals the option to settle in Spain with their Spanish-resident parent(s), with a view to remain in the country for the entire validity period of their parent’s residency.

The Non-EU minor and Spouse visas have great similarities along the lines of eligibility requirements, as well as what the respective visa types allow the travellers to do while living in Spain with their relatives.

The parents living legally in Spain are foreigners who have stayed in the country for a year. They must have also obtained authorisation to stay in Spain for another year at the least. The immigration regulations guiding the invitation of minors require the foreigner to be a long-term resident in Spain.

As minors are below the age of criminal responsibility, they are not required to provide a criminal certificate when they submit the required documents to the consulate in their country.

Spain Non-EU Minor Visa – Key Facts

What Restrictions Are There With the Spain Non-EU Minor Visa?

Restrictions with the Spain Non-EU minor Visa include the following:

• The minor to be reunited must be 18 years of age or below.
• The Non-EU minor visa is not granted a separate residency. The minor travelling to Spain under this visa can stay only for a period for which their parent’s residency remains valid.

How Does the Spain Non-EU Minor Visa Work?

In order to bring your children with you, you must first request approval at the UGE (Large Business Unit). Once this application is decided and you have been granted a favourable response, your child will be able to apply for a visa to enter Spain.

The minor is required to apply for a Non-EU Citizen minor Visa at the office of the Consulate General of Spain in their home country. The whole process may take up to 2 months from the day all documents are presented.

Upon entering the country, the minor will be able to request their residence card in order to start residing as a relative of a foreigner that has a legal residency in Spain.

If, as a Non-EU citizen parent, you are a holder of a residency card under the Entrepreneurs Law, your minors will also request a residency card to be able to stay in Spain as a dependant of a legal resident under the Entrepreneurs Law.

Minors who travel to Spain under any of the Non-EU minor visas will have access to benefits such as education. The country has made this compulsory for children under 16 years of age. This makes the minors eligible to attend public primary and secondary schools within the country.

What Are the Eligibility Criteria?

In order to be eligible for the Non-EU minor Visa, the following conditions must be met:

• The Non-EU citizen residing in Spain must submit legal documents certifying them as the biological parent of the dependent minor.
• The minor must be 18 years of age or below.
• In the event of an adopted child, documents to prove adoption are required to confirm a relationship with the minor.
• The minor must be legally dependent on the Non-EU citizen legally residing in Spain.
• The minor can be a grandchild for whom a non-EU citizen Spanish resident is a legal guardian.
• The Non-EU citizen must have legal custody of a grandchild or being the caretaker of an adopted grandchild.
• The minor can be the grandchild of a Non-EU citizen having a disability and cannot live independently.

Eligibility Criteria Summary

How Much Does A Non-EU Minor Visa Cost?

Every visa application is processed and accompanied by payment of a visa fee concerning the amount applicable to your chosen visa category. The Fee for the Non-EU minor visa type of application is decided by the Consulate General of Spain.

What Is the Expected Visa Length?

The Non-EU minor visa will remain valid for as long as the residence visa of the person they are joining in the country remains valid. Accordingly, in the case of the foreign resident applying for a Non-EU minor visa having a temporary residence permit, the Non-EU minor visa is valid until the same date.

If the foreign resident applying for a Non-EU minor visa has a long-term residence permit or European Union long-term residence permit, the Non-EU minor visa will expire on the same date of expiry of the Foreigner’s Identification Card (TIE).

Both the foreigner and their child (the minor) can submit an application (together) in order to renew the visa 60 days before its expiry. Both the parent and the minor can apply to become permanent residents of Spain after living legally in the country for not less than 5 years.

When Is the Best Time To Submit An Application?

Submissions of Visa applications are totally dependent on the Non-EU citizen living in Spain and the minor they wish to bring to Spain. Some of the most important factors to put into consideration about when to submit an application are the duration of the Spanish resident’s residence permit and the financial statements of the parents inviting their minors. Since you would need to provide these, as a rule of thumb, you should get enough extension on your Spanish residency and also make sure that you have enough money or monthly income to support the minor coming into Spain.

Applications received at the Spain Visa Application Centre are usually presented on the next working day at the Embassy of Spain or the Consulate General of Spain. All applications are required to be submitted at least 15 days before the planned date of travel so that unexpected delays in processing may be accommodated.

Application Process Overview

What Documents Do I Need To Provide?

The Non-EU citizen living in Spain who wishes to reunite with their children (minors) must provide a valid residence permit allocated by the Delegación in Spain.

Within 2 months of the application for a Non-EU minor visa being granted, the child (minor) must apply in person. For a visa at the related Spanish diplomatic mission or consulate, the following documents are required:

• A legal passport or recognised travel document. It must be valid and acceptable in Spain and must have a minimum validity period of 4 months from the date of submission.
• Authentic documents proving family relations and connections, and/or the existence of a de facto union. Also, when applicable, minors are required to provide age and to show that they rely on support from the Spanish resident they are travelling to live with.
• A medical certificate to show health status. minors are required to prove that they do not suffer from any ailment which could have an extreme consequence on public health in agreement with International Health Regulations.
• Authentic copy of the Spanish residence card of the Non-EU citizen relative who is living in Spain. This must be legalised by a Notario Público in Spain.
• One clear colour copy of all the pages of existing and earlier passports of the Non-EU citizen relative who is living in Spain. It must be legalised by a Notario Público in Spain.
• The relative in Spain must provide proof of financial support. This will also include certificates issued by money transfer merchants like Ria, Western Union, Small World, etc.
• In the case that the minor’s parent living in Spain is not lawfully married to the minor’s parent living outside Spain but is married to someone else (be it that the person is Spanish or of a different nationality), the partner or spouse of the minor’s parent resident in Spain will have to submit an “Acta de Manifestaciones”. This is meant to indicate that he acknowledges for the minor to come to Spain to reside in the matrimonial or familial home. The “Acta de Manifestaciones” must be signed by a notary public.
• The partner or spouse of the minor’s parent resident in Spain will also have to present a notarised copy of their Spanish residence permit or DNI.

The above documents are required from all non-EU citizens. As the visa processing progresses, the applicant (the minor) may be required to appear in person and, whenever necessary, to attend an interview.

Additional Requirements For Non-EU Minor Visa

Minors applying to live with their Non-EU citizen parents in Spain, or Spanish residents applying for their minor child for a visa, will also need to provide the following additional Spanish Visa Requirements in their application file. The list is supplementary to the basic requirements:

• A government-issued birth certificate of the child (minor) travelling to Spain. This may be replaced with a sworn affidavit (in countries where this is applicable), in case they are not able to provide a birth certificate.
• A signed (by both parents) Spain Visa application form.
• A valid court order showing that only one parent has full custody of the minor travelling to Spain.
• Approval from the Guardianship Authority in case the minor is travelling alone with only one parent or alone with another individual.

A Non-EU minor visa application requires the guardian or parent to accompany the minor when applying at the Spanish embassy or consulate.

Document checklist for a Minor Visa Application

How Long Before the Non-EU Minor Visa Is Granted?

In most cases, the decision of whether your application has been successful or not comes within 15 calendar days from the day all documents are submitted. In some other cases, however, application decisions may take as long as 45 to 60 calendar days (2 months) to be received.

The delay sometimes experienced is caused by extra security and background checks. These additional checks are mostly due to citizenship. This may take from several weeks to several months. There is currently no way to avoid or expedite this process.

How Can IAS Help with Non-EU minor visas?

Applying for a Non-EU minor visa can be a fairly strict procedure especially when you and your minor are yet to be reunited. There are a handful of documentation submissions to be done which may prove time-consuming as you progress.

If you require any assistance with your Non-EU minor visa such as if you’re mistaken or uncertain about the application method and what you need to do to be qualified for this visa, IAS can help.

We are a formidable team of professional and knowledgeable immigration lawyers who have years’ worth of experience working in UK immigration law. We have helped countless people overcome hurdles to come and settle in the UK, and we can help you to do the same, too.

Whether you need expert advice on how to prove that your minor meets the Non-EU minor visa requirements, or you need help determining how to prove suitability to invite your children to Spain, we can be of help. We can also provide assistance with assembling your supporting documents, or offer support if your visa application has been rejected, we can be there for you to help guide you through the process.

For more information about the services we offer and what we could do for you, reach out to one of our immigration advisers on 0333 4149244, or contact us online today.