Family reunification visas for Spain: What you need to know

Who can move to Spain with you, and what are the rules? Can your partner join you in Spain if they're not an EU citizen? Could your elderly parents move in with you in Spain, even if their income is too low for a visa?

If you're not an EU citizen, but are legally resident in Spain, you may be able to apply for a family reunification visa and sponsor your loved ones to live with you.

If you're an EU citizen, even if your family members are not, they might still be able to move in with you via a a family extension visa, or Tarjeta Comunitaria ('EU Citizen Card'). These are sometimes known as an EU family residence permit.

Here's a comprehensive guide to who qualifies, how to prove they qualify, and how to bring your family back together in Spain.

Who qualifies for family reunification in Spain?

Anyone with at least a long-term residence permit in Spain can sponsor certain immediate family members to live with them in Spain, even if you, and they, are not European Union (EU) citizens.

Who are immediate family members?

Immediate family members, biological or adoptive, are considered as:

• Your spouse or civil partner
• Your own, or your spouse's or civil partner's, children aged under 18
• Your own, or your spouse's or civil partner's, adult children:
  • aged between 18 and 21 inclusive if they are financially dependent upon you and will be studying at a Spanish school or college
  • of any age (including over 21) if they are disabled and you are their main carer
• Your parents, if they are aged over 65, or of any age if they are dependent upon you due to disability or illness
• For non-EU citizens only, your spouse's or civil partner's parents (subject to the same conditions as your own parents)

Non-EU citizens can only bring immediate family members to Spain on a family reunification visa.

EU citizens are also permitted to bring extended family members, whether or not they are also EU citizens. If they are not EU citizens but you are, you would need to apply for a family extension visa, or Tarjeta Comunitaria ('EU Citizen Card'). This is sometimes referred to as the 'EU family member residence permit'.

Who are considered extended family members?

Extended family members are:

• Your brothers and sisters
• Your grandparents
• Your first cousins
• Your adult children, up to and including age 21 (without having to prove they are students)
• Your nieces and nephews
• Your aunts and uncles
• For EU citizens only, your spouse's or civil partner's parents (subject to the same conditions as your own parents)
• Family members not listed above who are disabled

You can only sponsor extended family members if there is a dependency relationship between you and them. You must demonstrate that they normally live with you, having done so for at least two years in your country of origin or that they are considered part of the wider family circle.

Your extended family member must be either:

• Financially dependent upon you
• Dependent upon you as their main carer, or your own carer, if you can demonstrate that you are severely disabled or suffer serious health problems for which you need assistance
• Have legal or financial responsibilities towards you

For unmarried partners, you are likely to be asked to show proof that you really are in a relationship. You will also need to give evidence that you have either been living together for at least a year or that you have children in common.

What about unmarried same-sex couples?

Same-sex couples can marry or become civil partners in Spain on exactly the same legal footing as mixed-sex partners. Any discrimination on the grounds of same-sex relationship preference or a couple's gender combination is totally againt the law.

Foreign same-sex couples are permitted to marry or form a civil partnership in countries where doing so is legal – whether or not their country of origin or current residence allows it. This means that, even if your home country does not recognise same-sex marriage or civil partnership, you can still bring your partner to live with you in Spain.

Couples do not have to be resident in Spain to get married or become civil partners (known as a pareja de hecho) there, so if you are non-EU citizens, you should arrange to do so before applying for a reunification visa for your partner.

If you are an EU citizen, you can bring a same-sex partner to Spain whether or not you are married or a pareja de hecho. But you will need to become spouses or civil partners before their family residence permit expires, to enable them to stay in Spain with you.

What documents are required for family reunion visa in Spain?

Family visa applications are paper-intensive, but less so if the sponsor is an EU citizen resident in Spain. Where the sponsor is a non-EU citizen, the family member joining them will need to supply more documents than they would if their sponsor was an EU citizen. Paperwork necessary according to the sponsor's nationality is as follows:

All sponsors (EU or non-EU citizens)

• Your passport, which must be in date (not expired). If you are a Spanish national, you can show your national identity card (DNI) instead
• Photocopy of your passport (or DNI if you are Spanish)
• Proof that you are covered for healthcare in Spain via the State system or have an approved private health insurance policy
• Private health insurance in your family member's name (unless you are entitled to State healthcare – in this case, they will be, too)
• Evidence of the relationship: birth certificates, adoption papers and marriage or civil partnership certificates.
• Proof that the family member is financially dependent upon you

Sponsors who are EU citizens

• Completed family residence permit application (Form EX19) – original and a photocopy
• Your residence document ('green certificate') or, if you are a Spanish national, your national identity card (DNI)
• Your family member's original passport, which must be in date (not expired) accompanied by a photocopy
• Where applicable, proof of the family member's disability or care needs
• Proof that you have a regular income from your work, the Spanish State, or as a student, as detailed below
• If you do not work and are not a student, proof that you have a minimum available per year of €10,167 if one family member is joining you, plus at least an extra €3,388.20 per year for each subsequent family member

Sponsors who are non-EU citizens

• Completed visa application (Form EX02)
• Photocopy of the family member's passport
• A report from your town council confirming your home has enough space for the incoming family members to live with you
• In the case of your or your spouse's parents or adult children over 21, proof of their disability or care needs
• For your or your spouse's children aged 18 to 21 inclusive, proof of their financial dependence on you and that they are enrolled as a student or trainee with an approved course provider in Spain
• Proof your income reaches the minimum required

How long can my family member stay in Spain?

This depends upon whether you are an EU or non-EU citizen, and is subject to the visa or permit application being approved first.

• If you are a non-EU citizen: Your family member's right to remain in Spain lasts as long as your own does. When your own permit needs to be renewed, your family member must renew theirs, too.
• If you are an EU citizen: Your family member will be entitled to remain in Spain for up to five years. After this, they can apply for residence in their own right, which will then be permanent.

This does not apply to EU family permits for unmarried partners. These are only valid for one year, after which you will need to marry them or form a civil partnership to enable them to stay in Spain for longer.

Even though you, as an EU citizen, are permitted to be outside Spain for extended periods without affecting your residence rights, this is not the case for your sponsored family member. They are not allowed to be away from Spain for more than six consecutive months, or six months in any 12-month period. If they do, they will lose their right to residence.

Whether you are an EU or non-EU citizen, if you cease to live in Spain within the validity period of your family member's residence permit,this will automatically terminate. However, if your family member successfully applies for residence in their own name eventually, their right to remain will not be affected if you later move away from Spain permanently.

How long do you need to be resident in Spain before bringing your family?

If you are a non-EU citizen, your initial one-year residence permit must have been renewed for at least another year before you can bring your immediate family members to Spain. If you are bringing your or your spouse's or civil partner's parents to Spain, though, you are required to have permanent residence in Spain, meaning you have lived there legally for at least five years and intend to continue doing so.

If you are an EU citizen, to bring any qualifying family member to Spain, you must hold a long-term (up to five years) residence certificate or a permanent (over five years) residence certificate.

How do I apply for an EU family residence permit?

Family members sponsored by EU citizens should travel to Spain first, before applying for an EU family residence permit.

They must submit their application in person at your nearest foreigners' office no more than 90 days after their arrival in Spain. You will need to accompany them to be able to provide the necessary documents.

Your family member will normally be given a letter or stamped copy of their form as proof they have applied and are awaiting a decision. This protects their legal status in the country.

The foreigners' office has up to three months to either reject the application, or produce a residence card for your family member, who should then attend in person to collect it.

Before your family member arrives in Spain, you should obtain a Declaration of Intent (Acta de Manifestaciones) from a notary, confirming your willingness for them to live with you. If your family member is coming from a country where a visa is needed for all travel to Spain, the Acta de Manifestaciones is necessary when applying for this, so you should send it to them in good time. Even if they do not need a visa to be able to enter the country, a non-EU citizen may be asked to show this Declaration at the border.

How to apply for a family reunification visa in Spain

Family members sponsored by non-EU citizens resident in Spain must apply for their reunification visa before travelling. They should not enter Spain until their application has been approved.

They will have to undertake a lengthy application process via the Spanish Consulate in their home country before making plans to move to Spain. This can take several months.

You, as the sponsor and as a non-EU citizen, are required to instigate the application. You must present all the documents listed above at your nearest foreigners' office before your family member arrives. The foreigners' office will then process the application and decide whether to approve or reject it. A decision should reach you within 45 days.

If the application is approved, your family member must then apply in person at the Spanish Consulate in their home country within a maximum of two months. They should, however, start getting ready beforehand, as they will need to provide the necessary documents and their sworn legal translations on their first Consulate visit.

These documents include:

• Their passport and a photocopy of the same (no sworn translation needed)
• A medical certificate, issued within the previous 90 days, proving they do not have any contagious or infectious diseases that may put the public at risk
• A criminal background certificate, showing they have no criminal record over the past five years
• The Declaration of Intent (Acta de Manifestaciones) as above, stating your willingness for them to live with you, or
• A completed Schengen visa form
• Proof of their family link with you

The Consulate is required to approve or reject your family member's application within two months. It may be processed entirely in-house, although in some cases, a face-to-face interview is needed.

If the Consulate approves the application, the visa will be sent to your family member's home address. They then have to move to Spain within three months. If they miss the three-month deadline, they – and you - will have to start the application process again.

In total, it can take around six months before your family member is able to arrive – and that's not the end of the story. Next, your family member will need to apply for a Foreigners' Identification Card (Tarjeta de Identificación de Extranjeros, or TIE) within one month of entering Spain.

How much money do I need to bring my family to Spain?

If you are a non-EU citizen you will need to demonstrate that your income meets the required minimum.

If you are an EU citizen and are economically active, you only need to prove you have an income at all. There is no minimum specified.

Documents proving your work status are, initially, the same for EU and non-EU citizens. Additional paperwork and conditions then apply for non-EU citizens, as we will explain here.

Sponsors who are EU citizens

If you are employed, self-employed, or a student in Spain, you will need to show evidence of that status when applying for an EU family residence permit. Required paperwork to present is as follows:

• Employees of a company: You will automaticallybe registered as such with the State Social Security. You should obtain the standard certificate in confirmation and present this along with your valid legal job contract. There are no stipulations about how long you have worked for the company, nor how long the contract is valid for, nor any minimum salary thresholds.
• Self-employed workers: As you do not need to demonstrate how much you earn, there is no requirement to show tax returns. You need the certificate confirming you are registered with the Social Security (Form 036 or Form 037) and the document accrediting your entry into the Economic Activity Index (IAE).
• EU citizens receiving a Spanish State income: This could include maternity or paternity pay, a Spanish State pension, sick pay or disability allowance, unemployment benefits, or a widow's or widower's pension. The amount you earn does not matter when applying for an EU family residence permit. You only need to present the standard paperwork from the Social Security proving that you are receiving these payments.
• EU citizens who are none of the above: If you receive a passive income you will need to prove how much you earn and that it meets the required minimum. Examples include professional landlords, investors, pensioners (except Spanish State pensioners), or those living off acquired or inherited wealth or savings. In this case, you must be earning a minimum of €10,167 a year to sponsor one family member. If you are sponsoring more than one, you must be earning at least an annual €3,388.20 per head in addition.

Sponsors who are non-EU citizens

Income levels for non-EU citizens resident in Spain and intending to sponsor a family member are set according to the IPREM. This is the baseline figure for entitlement to non-contributory State benefits and is currently €600 per month, or €7,200 per year.

If you are a non-EU citizen, you need to prove you are earning at least 150% of the IPREM (€900 per month, or €10,800 per annum) to sponsor one family member. To sponsor more than one, you need to show additional earnings of €300 a month, or €3,600 per annum, for each extra person.

You must supply all the documents mentioned above for EU citizens and, additionally:

• Employees: A job contract that is either permanent or runs for at least a year from the date of the visa application. The salary stated on it must meet the above-mentioned income requirements.
• Self-employed workers: Your most recent annual income tax statement (Declaración de la Renta). Also, your quarterly income tax returns, unless you are exempt from filing these (because all your earnings are subject to at-source income tax retention).
• All applicants, irrespective of work status: Your previous six months' worth of bank statements.

Can family members work on a family visa?

Family members sponsored by you, as an EU citizen legally resident in Spain, enjoy the same rights as you do. They will be treated, for all legal purposes, as though they, too, were EU citizens. This means they are allowed to work as soon as their EU family residence permit is approved, and for as long as they are legally resident in Spain.

If you are a non-EU citizen bringing your spouse or civil partner to Spain, they are allowed to work as soon as the visa is approved.

If you are a non-EU citizen and an unmarried partner or extended family member intends to join you in Spain for more than 90 days in any 180-day period, they will have to apply for residence in their own right if they wish to carry out paid work.

Can my family members get healthcare through a family visa?

Whether you are an EU or non-EU citizen, if you are entitled to State healthcare through Spain's Social Security system, any dependants you have may also access it. You will need to apply for an 'affiliate' Social Security number for them off the back of your own, then you can formally register them with a doctor.

If you are not entitled to State healthcare, your dependants are not. Legal residents in Spain of any nationality who are employed or self-employed are entitled to access the State healthcare system.