New residency for relatives of Spanish citizens

The new residency for family members of Spanish citizens finally streamlines the process in which foreigners who are relatives of Spanish citizens will be able to obtain their residence permit in the country.

A 5-year card with new and great advantages that includes more relatives than its prior alternatives, and with additional application options.

In this article, you will discover ALL the details about this residency, including the exact list of family members who will be able to benefit from this new procedure, detailed requirements, and the application process.

Many news, many changes, and many advantages, you can’t miss it!

 

What is the temporary residence for Spanish family members?

 

Until now, for a foreign citizen who is a relative of a Spanish national to obtain residency in Spain, there were two different paths available: the EU family member card and the family arraigo.

Two different paths, that often generated doubts as to the steps to be taken and the right option to follow.

However, with the new Immigration Regulations in Spain, we finally find the definitive solution.

This procedure is finally unified, and with it, we find a specific chapter that will regulate the way in which these foreigners can become residents.

In other words, a new residence card is created for family members of Spanish nationals.

This card will be, like the family arraigo and the EU family member card, valid for 5 years, period that will start counting from the date the card is granted if you were already in Spain, or from the date you enter the country if you were outside Spanish territory.

Later on, we will explain in which case one or the other will happen, since there are also changes in the application process.

In addition, it will allow you to reside and work legally in the country, both as an employee and as a self-employed individual.

 

 

The great advantages of this new card for Spanish relatives

 

Although many of the advantages and conditions of the family arraigo and EU family card are maintained within this new permit, it is worth highlighting some of the upsides that we find in the legal draft where it was conceived:

• Firstly, the procedure for family members of Spaniards is simplified to a single residence card. This applies to all members of the family who meet the right requirements and are in one of the cases that we will see in the following section
• Secondly, the holders of this card will be able, in turn, to exercise the right to family regrouping; thus being able to bring their family members to Spain
• On the other hand, at the moment in which the application is made, the foreigner (applicant) will be able to start working even before the resolution is received. That is to say, once the application is admitted for processing, you will be able to start working (without having to wait for the Immigration Office to finally grant you residency)
• Finally, the application process will also be affected, and there will be a visa for all cases, with which the foreign applicant will be able to enter Spain to apply for this residency

 

What family members will be able to apply for this card?

 

Now we will explore perhaps the most important section of this whole article. Which family members will be able to benefit from this new 5-year residence card?

Let’s take a look:

• Children under 26 or of the spouse of the Spanish citizen
• Children over 26 who live under the Spanish citizen’s care
• Parents of the Spanish citizen and who are dependent on them, where the economic dependency will have to be demonstrated if they are younger than 80 years old
• Dependent parents of the Spanish citizen’s spouse or partner
• Spouse over 18 years old person married to a Spanish citizen
• Civil partner (called “pareja de hecho” in Spanish(registered in a public registry from a country from the EU, EEE or Switzerland)
• Stable couple, that is, the couple that without being registered can demonstrate joint cohabitation of at least 12 months either inside or outside Spain, or a child in common
• The father, mother, guardian or tutor of a minor of Spanish nationality with whom he/she lives or is up to date with her parental obligations
• Family member up to second degree who is the caregiver of a Spanish citizen in a state of recognized dependency in Spain
• Sons and daughters whose father or mother are or have been Spanish citizens by origin
• Any relative of the Spanish national not mentioned above and who is part of the extended family, who must also be a dependent

Thus, the list of family members who can apply for this card is extensive, including situations that were not contemplated before.

In addition, the age limits for which it is or is not necessary to prove the cohabitation of dependents have changed, both for descendants (26 years) and ascendants (80 years).

 

List of requirements

 

Below we analyze the list of requirements contemplated for this new residency.

We will divide them into two groups, the requirements to be fulfilled by the Spanish citizen, and those to be fulfilled by his foreign relative (the applicant):

 

Requirements to be fulfilled by the Spaniard

 

• A complete copy of the passport
• In the case of applying for your partner’s residency, the Spanish national must submit an official declaration stating that the Spaniard does not reside in Spain with another spouse or partner

 

Requirements to be fulfilled by the foreigner

 

In this case, the requirements will vary slightly depending on the family member applying for residence:

• Document accrediting the link with the Spanish relative (e.g., such as a marriage certificate)
• If the foreign family member is required to be a dependent, documents proving it
• In the case of the extended family, it will be essential to prove dependency, cohabitation, degree of kinship, and, if applicable, the existence of serious health reasons or disability
• For stable couples, the birth certificate of the child in common or a document that demonstrates they have been living together for at least 1 year

 

Application process

 

When it comes to the application process, we also find great novelties, since the draft that preliminarily defines and regulates this residency card sets different scenarios.

The application process may be submitted by both the Spanish citizen and the foreign family member. Where?

• At the consulate if both of you are abroad
• At the Immigration Office, if the Spanish citizen is in Spain, and his relative is in his country of origin
• Exceptionally, the application may be filed from Spain if the foreign citizen is in Spanish territory, but only for the following family members: Spouse, registered or unregistered civil partner, dependent ascendants, family members who are dependent on a Spanish citizen, or children, but only up to the age of 18.

As we mentioned in the advantages section, when this authorization is requested by the relative of the Spanish national in the country of origin, and for all these cases that we have seen, a visa will be granted as a relative of a Spanish citizen.

With this visa, the foreigner will be able to enter Spain and process the application for the residency authorization for 5 years.

 

When will it come into force?

 

When will family members of Spaniards be able to start enjoying the extensive benefits of this new card?

On the 20th of May of 2025.

After the publication of the new immigration law officially in November 2024, the government set 6 extra months until all these changes can come into force. So

Until then, we will keep you informed of all the news and modifications that this card may undergo trough possible instructions.

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