Frequently, Spaniards of foreign origin (naturalized) or EU citizens residing in Spain, wonder if they can regroup other family members other than ascendants, descendants under 21 years of age or over 21 years of age and who are economically dependent on the EU family member and spouses. Well, the figure of OTHER FAMILY MEMBERS was recognized in Directive 2004/38/EC, of the European Parliament and of the Council, of April 29, 2004, on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.
But it is true that in Spain the recognition of the right to this type of family member is often denied.
The requirements to be met by the applicants are the same as for direct family members, but additionally, in the case of OTHER FAMILY MEMBERS or EXTENDED FAMILY as they are also called, another series of personal circumstances must be proven, such as: their family, economic and in many cases health situation.
We share with you one of our success stories in this figure:
A citizen of Colombian origin and Spanish nationality, who has been in Spain for 20 years, is an employee and has no other family responsibilities.
Since her arrival in Spain, she took care of the maintenance of her family unit composed of four members; a brother, a sister and the mother, both with disabilities, who took care of them was her brother to whom she sent money on a monthly basis for maintenance and special care.
Well, in the initial application for a residence card for a family member of a Union citizen, it was denied because, according to the Government Delegation Office for Foreigners, it was not proven that the economic dependence was sufficient cause for the right.
"Sentencia del T.S. de 18-Julio-2017 dictada en Recurso de Casación, afirmando la aplicabilidad del art. 7 del RD 240/2007 para los casos de reagrupación de familiares no comunitarios de españoles,
YES there is a need to evaluate economic circumstances and these will have to be weighed. The economic dependence of the applicant on the family member with whom he/she intends to be reunited is not accredited.
It is not enough to present documentation of remittances from the family member with whom he/she intends to be reunited, but it must also be proven that the applicant has no or very little income, so that in order for him/her to live in dignity, he/she is in urgent need of these remittances from the EU family member, for which, consequently, the exact economic, social and family situation of the dependent must be proven.
In the present case, he only provides evidence of the existence of money remittances and a certificate of not possessing assets, pensions, etc. It does not present documentation to support such manifestations".
In the appeal, we were able to disprove the motivation that gave rise to the denial, since we were able to prove each point, among others, by taking into account the assumptions that give the right to these relatives...
- The applicant had no other relatives in his home country who could take care of him (he was not married, had no children, and his sister and mother are both disabled and dependent on permanent care).
- Through documentation and notarial acts in his country of origin, it was proven that the applicant and the Spanish citizen had previously lived together.
- Through the counterpart entity of the Spanish Social Security in the applicant's country of origin, it was certified that the family members and the applicant did not receive any assistance or pension from the State.
- On the other hand, the medical records of the mother and sister were provided, where the medical situation of these persons was clearly shown.
With all this evidence, it became necessary for the Spanish citizen for her brother to come and join her, since this complex family situation was making it increasingly difficult for the Spanish citizen to maintain the family unit, and she determined that by joining forces with her brother once her documentation was in order, they could both face the burden of their increasingly demanding mother and sister.
Remind the Administration that it is also important to keep in mind that in this time of Covid, the irregularity of people makes them more vulnerable and exponentially increases the risk of social exclusion.
The appeal was resolved within two months by the same authority that denied it.
"From the study of the allegations made, as well as from the review of the file, it can be seen that the facts that gave rise to the denial are indeed distorted and, therefore, the requirements established in RD 240/2007, of February 16, 2007, are met.
Consequently, in view of the aforementioned precepts and others of general application, the Government Subdelegate in Toledo agrees to uphold the appeal filed and grant Mr. XXXXXXXXXXXXXXXX, of COLOMBIAN nationality and NIE XXXXXXXXXXXXXX the TEMPORARY RESIDENCE CARD OF EU CITIZEN FAMILY MEMBER valid until 23/11/2025".
In this very particular figure contemplated in the community regime, we always recommend our clients to prove all kinds of situations, since it is not enough for the Administration to consider the continuous remittance of money for two consecutive years as sufficient proof to ratify the right.
Today this EU resident enjoys the full right to access the labor market under the same conditions as a Spanish citizen, free movement, access to professional training, to undertake business ventures and to apply for Spanish nationality after two years of legal and continuous residence in Spain.
If you wish to obtain more information or if you are trying to reunify your family member, go to expert professionals who will give you clear advice and will study your case with the greatest objectivity so that your process is carried out successfully.
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Claudia Ceballos Hernández
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