Residence for family members of Spanish nationals: requirements, documents and application

The residence permit for family members of Spanish nationals is the specific authorisation for certain relatives of Spanish nationals. Since the new regulation entered into force, these cases have their own rules and should not all be described as the former family arraigo.

Which relatives can apply?

Subject to their individual conditions, it covers spouses, registered or stable partners, children, certain ascendants, parents or guardians of Spanish minors, a relative caring for a dependent Spanish person and other dependent relatives. It also covers children whose parent is or was Spanish by origin.

Children under 26 follow a different rule from older children, for whom dependency or the specified disability is checked. For ascendants and other relatives, kinship alone is insufficient: dependency, lack of support in the country of origin or humanitarian reasons may be required depending on the case.

Registered partnership, marriage and stable partnership

A current marriage must be proved with valid documents and, if there was an earlier marriage, proof of its dissolution. A registered partnership requires an accepted register and a current registration.

An unregistered stable partnership needs sufficient relationship evidence. The regulation provides for marriage-like cohabitation for at least twelve continuous months; that period is not required if there are children in common and the relationship continues. Photographs alone are insufficient without explaining the cohabitation and relationship history.

Documents for the Spanish family residence permit

• Form EX-24 and the applicant’s complete valid passport.
• The Spanish national’s valid DNI or passport.
• Marriage, birth, partnership registration certificates or other evidence of the relationship.
• Evidence of cohabitation, a stable relationship, dependency or care where required.
• Required declarations and documents dissolving previous relationships, where applicable.
• Foreign criminal record certificates and a medical certificate where required according to the place of application.

Check translation, apostille or legalisation and possible exemptions for each foreign document. Requirements for an application in Spain may differ from those for a consular procedure.

Do you apply in Spain or abroad?

It depends on both relatives’ location and the legal category. If the Spanish national is in Spain and the relative abroad, assess the authorisation followed by the visa. If both are abroad, the consular office is involved. If both are in Spain, in-country applications are allowed for the cases listed in the regulation, not necessarily every family member.

Check the exact procedure before travelling or booking an appointment. A letter of invitation does not replace residence authorisation or the visa needed to settle.

Validity, work and residence card

Authorisation is normally granted for five years, or the Spanish national’s planned residence period if shorter. Once granted, it permits residence and employed or self-employed work under the applicable terms and working-age rules.

Provisional permission during processing depends on the relative’s category and case; it must not be assumed for everyone. After approval or entry into Spain, check the one-month TIE application deadline. The official information states that the authorisation procedure is free; card, document and advice costs are separate.