Will we say goodbye to the arraigo familiar and the EU family member card? The new residency for family members of Spanish citizens could have the answer, and in this post you will find out.
One of the great novelties contained in the draft of the imminent reform of the immigration regulation in Spain is the creation of this new residence permit.
A 5-year card that finally simplifies and unifies the way in which foreigners who are relatives of a Spanish citizen will be able to obtain their residence permit in the country.
In this article, you will discover ALL the details we know so far based on the draft published by the government, 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, which often generated doubts as to the steps to be taken and the right option to follow.
However, with the new draft of the reform of the Immigration Regulations in Spain, we finally find the definitive solution.
This procedure will be 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:
- First of all, the spouse. That is, the person married to a Spanish citizen
- The civil partner (called “pareja de hecho” in Spanish). The relationship must be duly registered in the official registry
- The stable partner. What do we understand by a stable partner? Couples who, although they are not registered through marriage or through a civil union, have been living together for at least 1 year or have children in common
- Children; either of the Spanish citizen, the spouse, the civil partner, or the Spanish citizen’s stable partner. Important change: it will be necessary to accredit that this child lives in charge if he/she is 26 years old or older (instead of 21 years old as it happened previously)
- Parents (ascendants). The Spanish citizen will have to demonstrate that they live under her charge if they are less than 80 years old (from that age it will not be necessary), which supposes another great change
- Parent or guardian of a Spanish child under 18 years old
- Person in charge of a Spanish citizen with a dependency
- Children of a father/mother who is or has been a Spaniard of origin
- The rest of the family members that are not included in any of the above cases (known as extended family). They must live under the charge of the Spanish national, and as we will see in the requirements section, it will be key to demonstrate it properly
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, depending on the following:
- It will be the Spanish citizen who will submit the application before the corresponding Immigration Office (the one in the province where she resides) if she is in Spain and his foreign relative in her country of origin. Once she receives the favorable resolution, the foreign relative will have to submit it to the Spanish Consulate (together with the rest of the necessary documentation)
- It will be the foreigner who will initiate the application process and submit all the documentation when both are outside Spain, and will do so at the Spanish Consulate
- And, if both are in Spain, it will be the foreigner who will make the application before the Immigration Office, unless they are ascendants or extended family members (because in that case, they will have to do it in their country of origin)
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?
The reality is that, for now, we do not have an exact date.
Currently, we just have a draft of the new law, which will have to be modified and finalized. Once this is completed, it will be published in the BOE (official repository for new laws), and it could take a few months for it to come into force definitively.
However, it is most likely that the Spanish Family Card will be available by the end of 2024.
Until then, we will keep you informed of all the news and modifications that this card may undergo.
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