The new Immigration Regulation has modified the requirements and pathways for applying for temporary residence for the family members of Spanish nationals. In this article, we provide a complete guide on the current application process for temporary residence for family members of Spaniards, and the changes that will apply from May 20, 2025.
“A foreigner will be in a situation of temporary residence if, obtaining authorization in accordance with what is provided in this chapter, they do not possess the nationality of one of the Member States of the European Union, nor of another State party to the Agreement on the European Economic Area or Switzerland, and have a family relationship with a Spanish national, as outlined in this chapter, regardless of the place and time the relationship is established, as long as the relationship is maintained and they accompany, join, or reunite with the Spanish national in the national territory.”
Family Members Who Can Apply for Temporary Residence as Relatives of Spaniards
- Spouse of the Spanish national.
- Registered partner in a public partnership registry of a Spanish national.
- Stable partner duly accredited of a Spanish national.
- Children under 26 years old or over that age, provided they are dependent on the Spanish national.
- First-degree ascendants who are dependent on the Spanish national and lack family support in the country of origin. It is understood that they are dependent when they are 80 years old or older.
- Father/mother/guardian of a Spanish minor.
- Caregiver of a Spanish national who has been recognized with one of the dependency levels defined by Law 39/2006, of December 14 (Dependency Law).
- Children of parents who are or have been Spanish by origin.
- Other extended family members who are dependent.
Changes Implemented
- All family members can apply for the same authorization.
- The age limit for children has been extended to 26 years old.
- Parents under 80 years old must be financially dependent, and it must be proven that they have no support from other relatives.
- Flexibility for the entry of children of Spaniards who are in the country of origin.
- The process for visa issuance and approval will allow for flexibility.
- The family members may also exercise the right to family reunification.
What Does “Dependent” Mean?
Being dependent can refer to economic, physical, or living under the same roof. The situation of being dependent must be maintained over time and should be proven to have occurred from the country of origin or provenance.
- Money transfers must constitute at least 51% of the Gross Domestic Product (GDP) of the country, and the Spanish citizen must prove they have the financial means to support the dependent situation.
Where Can I Apply for Authorization for My Family Members?
You can apply from Spain or from the country of origin or provenance.
- Ascendants of Spaniards, children over 18 years old, and extended family must apply for the visa at the Spanish Consulate in their country of origin.
Work Authorization for Family Members
Family members will be allowed to work once they have the proof of their application for Temporary Residence as a Family Member of a Spanish National.
For more information, feel free to write to us.
