The recent change in immigration regulations has brought with it great news for family members of Spanish citizens: the possibility of obtaining a residence permit with labor rights included. This new permit represents a significant advance in Spanish immigration regulations, facilitating family reunification and access to fundamental rights for those who have a direct link with a Spanish citizen. Below, we analyze the key aspects of this temporary residence authorization and what it implies for the beneficiaries.
Who can apply for temporary residence as a family member of a Spaniard?
The regulation establishes that foreigners who maintain a direct relationship with a Spanish citizen and who are not nationals of a member state of the European Union, the European Economic Area or Switzerland may apply for this permit. The family members who may have access to this permit are:
- Spouse or partner:
- In the case of marriage, provided there is no divorce or annulment of the bond.
- Domestic partners registered in a member state of the EU or the European Economic Area.
- Unregistered couples, but who can prove a stable relationship of at least 12 continuous months or who have common offspring.
- Children of the Spanish citizen or of his/her spouse or partner:
- Children under 26 years of age or over 26 years of age if they are dependents.
- In case of disability, no age limit.
- In the case of adopted children, the adoption resolution must be valid in Spain.
- Direct ancestors (parents or grandparents) of the Spanish citizen or his or her partner:
- Provided they are dependents and lack family support in their country of origin.
- When there are justified humanitarian reasons.
- Parent of a Spanish minor:
- When the applicant is in charge of the minor and lives with him or her or is up to date with his or her obligations towards him or her.
- A single relative up to the second degree:
- In case the Spanish citizen requires care due to a recognized situation of dependency.
- Children of Spaniards of origin.
- Other family members:
- Other members of the family may be included if they can prove that they are dependent on the Spanish citizen.
What are the rights granted by this permit?
One of the great advantages of this residency is that it allows the beneficiary not only to reside legally in Spain, but also to work, both as an employee and as a self-employed person, without the need to carry out additional procedures. In addition:
- It has an initial term of 5 years and may be renewed if the conditions that gave rise to its concession are maintained.
- National employment status is not taken into account in granting the permit.
Holders may apply for family reunification family reunification of other relatives under the terms of the law.
What are the requirements to obtain temporary residency?
Applicants must meet certain documentary requirements:
Spanish citizen documents:
- Copy of valid ID card or passport.
- Responsible declaration that you do not live with another spouse or partner in Spain (in case of application for couple or marriage).
Documents of the foreign relative:
- Copy of valid passport.
- Documentation proving the family relationship.
- Proof of economic dependency or cohabitation if applicable.
- In case of stable couples, justification of the relationship for at least 12 continuous months.
- Birth certificate of the children in case of common descent.
- It has an initial term of 5 years and may be renewed if the conditions that gave rise to its concession are maintained.
- National employment status is not taken into account in granting the permit.
Holders may apply for family reunification family reunification of other relatives under the terms of the law.
What is the procedure to apply for residency?
The application process depends on the applicant's situation:
- If the foreign relative is outside Spain:
- The Spanish citizen files the application at the Immigration Office in his or her province.
- Once granted, the family member applies for the visa at the Spanish consulate in his or her country.
- After entering Spain, you must apply for a Foreigner's Identity Card (TIE).
- If both are outside Spain:
- The application is submitted by the foreign family member directly to the Spanish consulate.
- If both are in Spain:
- The application can be submitted at the Immigration Office without leaving the country.
- In certain cases, the applicant will be able to work while the application is pending.
The resolution period is two months two months from the presentation of the application. In case of administrative silence, the application will be considered denied.
If you have a relationship with a Spanish citizen and wish to reside and work legally in Spain, this new permit could be the solution you need.
In our office we have extensive experience in this type of applications and we can advise you throughout the process, from the initial application to obtaining the residence. Do not hesitate to contact us for a personalized consultation.
Application Process for a Certificate of EU Registration for a Child and Residence for his Non-EU Mother in Valencia
Applying for the European Union Registration Certificate for a minor in Valencia and managing the residency of his mother, a non-EU citizen, are processes that require a detailed understanding of the procedures and legal requirements, as their processing varies from province to province.
Unlike in cities such as Madrid and Barcelona, where these procedures are usually carried out separately and in person at Police Stations, in Valencia the procedure is different. Here, both applications are handled together in a single presentation through the Immigration Office, which speeds up the process and avoids additional trips.
The request, when made through the Mercurio Mercurio platformplatform, the following particularities must be taken into account:
- It is not possible to apply for the EU Registration Certificate using Form EX18 directly.
- Instead, the application must be submitted with Form EX19, including in the same application the documentation required for both the mother's EU Citizen Family Card and the child's Certificate of Registration.
- It is also essential to attach Form EX18 together with the necessary documents to obtain the EU Certificate of Registration (CUE) for the child.
- On the Form EX19form, the parent should be classified under the category of "Parent of minor EU citizen (EU family member, Article 10 of Directive 2004/38/EC)".
This joint filing mechanism facilitates the resolution of the procedure and allows the mother to regularize her residence in Spain as an ascendant dependent of an EU citizen minor.
At Molinares Abogadoswe specialize in immigration and community law procedures, with a deep knowledge of the particularitiesWe have a deep knowledge of the particularities that govern this type of applications in each province.
🔹 Comprehensive advice: We guide you through every step of the process, ensuring that all documentation is correctly submitted.
🔹 Fast and effective management.: We optimize times and avoid errors that may delay the resolution of your application.
🔹 Experience and commitmentWe have a highly trained team to ensure the success of your process.
If you need to carry out this procedure in Valencia and you want to make sure that everything is done correctly and smoothly, contact Molinares Abogados today, contact Molinares Abogados today.
📞 Call us o 📧 email us at to receive a personalized consultation - we're here to help!
