Would you like to renew your family member visa in Spain and don’t know where to start? Then keep on reading. In this article we analyze in detail how exactly this renewal works, all its advantages (which are not few), updated requirements (whether you still maintain the relationship with the EU citizen or not), and where/when to submit your application. Everything in this post!
How does the renewal of the family member residency work?
One of the most frequently requested residences in the Spanish territory is, without any doubt, the family member card.
Due to its great benefits, there are many non-EU citizens who apply for this residence permit thanks to their kinship with a Spanish or EU citizen living in Spain.
Once the 5 years of validity of this residence and work permit come to an end, if the foreigner wishes to continue living in the country, she will have to renew it.
And this is what we are going to explore in this article, since this renewal has certain nuances that you should be aware of.
For example, and as the most crucial aspect, technically speaking you would not be renewying your card.
What you will actually do at the end of these 5 years is to move to a permanent card as a family member of a citizen of the Union, something undoubtedly much more advantageous.
However, there is also the possibility of applying for permanent residence (since you would already have 5 years of legal residence in the country). You can find all the requirements for long-term residence here.
Without further due, let’s explore everything you need to know about this process.
Advantages of this renewal
There are many advantages that the non-EU citizen in Spain will enjoy once she renews her EU family visa.
As we have already mentioned, this renewal implies the transition to a permanent community card, which implies:
- That it is a card for 10 years (instead of just 5)
- When the time comes, its renewal is a much simpler procedure, simply requiring you to present your passport at the police station when the date arrives
- And, as the most important point, this permanent card allows you to stay up to 2 years outside Spain (continuously), without losing your residency
Requirements to renew the community card
So, what are the requirements to renew this card as a family member of an EU citizen?
We can find two sets of requirements: the generic ones that you will have to fulfill in any case, and those that depend on your particular situation.
Even if the link that allowed you to obtain the card (with the EU citizen) has been broken, it is still possible to renew it, although this means complying with a set of special requirements.
However, whatever your situation is, the common requirements you will have to meet are:
- Present a complete copy of your passport, which must be in force
- You must not have left Spain for more than 6 months in a 12-month period
- Submit the application form (completed) EX-19
Additional requirements if the relationship is maintained
If you continue to maintain the relationship with the EU citizen after those 5 years (e.g. you are still married to her), you will need to ensure that you comply with the following in order to successfully renew:
- Demonstrate that you still maintain the relationship, which you will do through the birth certificate or marriage/civil partnership certificate
- Confirm, through the empadronamiento certificate, that you continue to live with the EU citizen
- Have sufficient financial means, either through an employment contract or through savings (funds that can come from the EU family member or from the non-EU family member)
- In the case of the extended family, demonstrate that the conditions that led the non-EU citizen to live with the European citizen (illness, lack of sufficient funds, etc.) do still apply
- Have health coverage, either with private medical insurance or with Social Security if you have an employment contract
Additional requirements if the link has been broken
On the other hand, it is also possible to renew the family member visa if the link between European and non-European has been dissolved (either by divorce, for example, or by the death of the European Union resident).
In order to be able to carry out this renewal, it is important to be in one of the following situations:
- The relationship lasted at least 3 years and at least 1 of those years have been in Spain, then the non-EU citizen could renew the card, she would do it in her own right
- The relationship lasted less than 3 years, but they have children in common and the non-EU citizen has custody of them or the right to visit
- If you have been a victim of gender violence during the marriage or the duration of the civil union relationship
In these cases, it is no longer necessary to present any type of documentation of the European spouse or relative, but the procedure would be formalized with your personal information.
In addition, it will be essential to hire private medical insurance and again to prove that the applicant has not been outside Spain for more than 6 months in the year during the validity of the card.
When must this card be renewed? Renewal deadlines
You may apply for the renewal of your family member visa 30 days prior to expiration and 90 days after expiration.
As always, our recommendation is that you start the process as soon as possible and do not wait for the card to expire. This way you will avoid any legal problems that may arise.
Renewing your family member of an EU citizen visa online
How exactly is the community card renewed?
Nowadays, the procedure is done online, and it is carried out at the Immigration Office that corresponds to you according to the city or town where you are registered.
For this, and as it is done online, you will need a digital certificate, in order to be able to submit all the documentation through the Mercurio platform or the Common Electronic Registry.
This possibility of carrying out the procedure online is ideal, since it allows you to speed up the renewal application as much as possible.
What is the fee for renewing this visa?
The process of renewing the family member of an EU citizen residency is an administrative process. However, in this case, there is no associated fee.
That is to say, at the moment of submitting all the documentation and applying for the permanent EU card you will not have to pay anything (unlike the rest of the residence authorizations).
However, once you get your favorable resolution and go to the police station to process your physical card, you will have to pay a fee, the 790/012, which costs about 12€ approximately.
If you have any doubts about this procedure or would like our expert immigration lawyers to take care of everything to ensure that you enjoy a successful application, do not hesitate to contact us.
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