EU Family Member Residence Card Spain

Overview of the EU Family Member Residence Permit Card for Spain

An EU Family Member Residence Card in Spain (officially called “Tarjeta de residencia de familiar de ciudadano de la Unión”) is a legal document issued to non-EU nationals who are family members of a citizen of an EU/EEA country or Switzerland and who wish to live in Spain for more than three months.

This card confirms that the holder has the right to reside and work in Spain under the same conditions as the EU citizen they are accompanying or joining.

Spain has a residence right that makes it possible for relatives of someone who is a citizen of Spain to join them in the country. It also applies to someone who is an EU citizen to reside in Spain and to work as well, as if they were also Spanish citizens.

The main individuals eligible to enjoy this right are spouses and registered civil unions that start living with their Spanish or EU partner in Spain for 3 months and above. People in that category can apply for a residence and work authorization that will allow them to work in Spain under the same conditions as any other EU citizen.

This permit is for a period of five years, with the likelihood to renew the permit. This duration also counts towards obtaining Spanish nationality for the non-citizen family member in question.

Key Facts – Residence Card for Family Member of EU Citizen

Eligibility Criteria for the EU Family Member Residence Permit Card for Spain

The main condition set for applicants is for them to be able to prove their relationship and ensure they meet the requirements.

• Direct relatives – A direct relative is the spouse of an EU citizen or civil partner who is legally registered on the EU public registry.
• First-degree descendants – This category is a child from either a European Union national or a child of their spouse.
• First-degree ascendants – These are considered to be the parents of the EU national. The EU citizen is required to provide documents to show they are in charge of their parents. It is important to note, however, that the opportunity to acquire a residence permit in Spain does not apply to grandparents under this course of action.
• Unmarried partners – This permit can also apply to civil partners. In this case, it will be essential to prove connivance with the EU citizen for a minimum of a year or to have children in common.

Other relatives of the EU national, who have met the following requirements:

• Parents of the European Union citizen’s spouse.
• That the EU national is in charge of them in their country of origin.
• Other individuals who due to health issues must be under the care of the EU citizen and are also members of the direct family circle.
• Individuals who are under the care of EU nationals or have lived together for a minimum of 2 years.
• Any relative who is in charge of the European citizen in the country of origin, (such a person will have to prove a coexistence of a minimum of two years). Any relative who is in charge of the community citizen for reasons of severe health conditions or disability.

Siblings are not included on the list as they are not taken as members of the extended family under this provision. The only exception that permits them to reside in Spain under the EU Family Member Residence Permit Card, is if you can show you live together and they depend on you for their economic needs.

Eligible Family Members & Conditions

How to Apply for the EU Family Member Residence Permit Card?

The family member of an EU national who wishes to obtain a residence permit card must submit an application in person. This must be done at the Non-nationals Office, in the region where they plan to stay. The application has to be submitted within 3 months of their entry into Spain at the applicable local police station of their preferred area.

It is expected that the applicant will instantly be given a certificate of application for the residence card. This will be sufficient to prove the lawfulness of his/her stay until the residence card is allocated.

The residence permit card of a family member of the European Union citizen must be allocated within three months of the application being submitted.

Difference Between Residency as a Civil Union (Pareja De Hecho) and Residency as a Relative of an EU National?

One of the ways in which someone can acquire residence authorization in Spain is by being a family member of an EU citizen. However, there are other pathways to obtaining the EU Family Member Residence Permit for Spain.

It is also possible to acquire this permit if you are in a long-term unmarried relationship.

Unmarried partners who have biological children together, as well as those who have adopted children are also able to get the permit under this provision. Although, one of them needs to be an EU citizen, and the other will need to be able to prove they are related to an EU citizen.

As an EU Citizen, You Are Required To:

• Be a citizen of Spain, or any other State of the EU, EEA or Switzerland.
• Have a valid employment in Spain. You can either be a hired employee or self-employed.
• You are required to have adequate economic resources. In order not to become a burden for Spanish social assistance, these economic resources must be enough for both you and your partner. The financial requirements are listed in the next section.
• Be enrolled as a student in either a public or private centre, acknowledged or financed by the educational management to attend studies or professional training.
• You are also required to have medical insurance signed in Spain or in any other country which provides complete coverage in Spain. In such a case, you have to prepare an affidavit that you have adequate economic resources, both for yourself as well as for your family members, so as not to become a burden for Spanish social assistance.

What Are the Economic Requirements for the Residence Permit?

The EU citizens whose family members are applying for the EU family member residence permit card are required to grant the right of residence to their non-EU citizen family members. EU citizens are also required to demonstrate that they have sufficient economic means to support their family members in Spain.

The way to prove economic requirements depends on the economic level of the EU citizen. The economic levels are explained below:

• As a Working Employee
• As a Self-employed Individual
• As a Student
• As an EU Citizen that Has Sufficient Funds Without Studying or Working

As a Working Employee

If the EU citizen is working for a company as an employee in Spain, they are required to:

• Provide a valid employment contract.
• Be registered with Social Security as a worker

There is no minimum period of employment required, and no minimum monthly or yearly salary is required.

As a Self-employed Individual

If the EU citizen is self-employed, which means they are freelancers (“autónomo” in Spanish), they are required to:

• Submit certificate for self-employed worker in Spain (model 036 or 037)
• Provide the inscription to the Census of Economic Activities (IAE)
• Provide the certificate of registered company. This must be certified by the Mercantile Registry

As a Student

• The EU citizen must be duly registered with an accredited institution
• The EU citizen must submit a declaration of financial support for the non-EU citizen applying for the permit
• The student must submit an enrollment certificate which verifies that they are a student
• The student is required to display sufficient financial resources to sponsor their family in the case that they are not employed at the time of application
• The EU citizen must possess health insurance (public or private) with full coverage in Spain. The non-EU citizens must accompany the EU citizen in Spain and reside in the country for a minimum of 6 months every year.

As an EU Citizen that Has Sufficient Funds Without Studying or Working

EU citizens under this category are required to prove their economic status by any of the following means:

• To provide a bank balance certificate
• To provide legal title deeds
• To provide certified checks
• To provide credit cards with sufficient balance

For an individual in this fourth category, the funds are required to reach a minimum amount. The amount required depends on the size of the family.

EU citizens are required to prove the possession of €10,029.32 per year in order to request a residency permit card for one family member. In case they wish to bring in more members, they are required to prove that they have €4,000 for each additional family member.

Financial & Economic Requirements for EU Citizen Sponsor

Which Documents Are Needed to Apply for the Permit?

To obtain this visa, the following documents are to be presented:

• A completed application form EX-19.
• Documentation that proves the family bond between the European citizen and the non-European citizen who wishes to obtain the visa.
• Passport of the non-European citizen.
• A document that proves the relationship of dependence between the non-European citizen and the community.
• As the NIE number alone is not enough, applicants must be able to present their DNI (if Spanish) or EU certificate (green card).
• Proof of the possession of a health insurance contract in the country.
• In the case of being a student, a document of enrollment at the academic centre is needed.
• If the European Union citizen is an employee, contract of employment is required to prove employment status
• As a self-employed worker, the social security registry and of the Census of Economic Activities is required.
• In the case of not conducting any economic activity in Spain, a document confirming the possession of sufficient economic resources must be presented.

Other Things To Know Before Applying for the Permit

• The residency card can be processed at any of the Immigration Offices located in your Autonomic Region.
• Once you have entered the country, you have only 90 days to process the card. This can be done after moving into the country as a tourist.
• The validity period of the residence and work authorization as a family member of an EU citizen is 5 years from the date the permit is issued. The EU Family Member Residence Permit Card for Spain is only valid as long as the EU national is living in the country.
• If the European Union citizen is not in Spain, therefore, these conditions do not hold. For this reason, if the EU citizen states that he or she will be living in the country for less than the card validity period, then the card will be valid for that same time frame.

How to Renew the Residence Permit Card?

The validity period of this card is 5 years, so after the first 5 years of living in the territory with this permit, you will be required to renew. The conditions are essentially the same. You have to verify that the family relationship is still in place and that you possess sufficient economic resources.

You will be required to renew the permit card via telematic means. In order to process this, it will be really important that the EU citizen you applied with is still a resident of Spain, and that the relative bond is still valid.

It is important to note also, that Community citizens can be outside of the country for as long as they want. At the time of renewal, it will be necessary to ask the initial one again as the renewal per se won’t be possible without them. On the other hand, non-EU citizen that has obtained this permit cannot be outside of Spain for more than 6 months. If they fail to comply with this regulation, their card will automatically expire and be lost.

How Can IAS Help with a Residence Permit Card?

Applying for an EU Family Member Residence Permit Card for Spain can be a fairly strict procedure especially when you have an unmarried partner.

If you require any assistance with your EU Family Member Residence Permit Card for Spain, such as if you’re mistaken or uncertain about the application method and what you need to do to be qualified for this permit, IAS can 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 (+44) 333 4149244 , or contact us online today.