Family Immigration, Family residence Spain, Residence permit

Family member of EU citizen

The FEE

The FEE to issue the card is 12€

The first card

The first card is valid for FIVE YEARS

Submission

The deadline for submission is THREE MONTHS from the date of arrival in Spain

How to apply

It is applied for IN PERSON or ONLINE
What is it?
This is an identification document granted to family members of a citizen of Spain or of a European Union (EU) or European Economic Area (EEA) member state, or of Switzerland, and who are not nationals of any of those states. 

Important information
Family members, when they join or accompany the relevant foreign citizen and are going to reside in Spain for a period of more than three months, must apply for and obtain a residence card for family members of EU nationals.

The card will be valid for five years from the date of issue, or the expected period of residence of the EU citizen, if this period is less than five years.

Why is this formality important?
This is a compulsory formality for family members of an EU citizen who wish to reside in Spain for a period of more than three months. Completing this formality is important, since it legalizes  and therefore regularizes their residence in Spain.

Who does it apply to?
It applies to non-EU family members (spouse, partner and relatives in the ascending and descending lines) who accompany or join a family member from the EU, EEA or Switzerland who is already registered in the Central Register of Foreign Nationals.

Who should apply for it?
The application must be submitted by the family member in person or through lawyer, except in the case of minors or disabled individuals, where the application may be submitted by the person legally representing them.

What requirements must be met?
Accompanying a citizen of the EU or another state part of the EEA, or joining him or her.
The citizen of the EU or other EEA state you are accompanying must fulfill  one of the following conditions:
  • Be an employee in Spain, or
  • Be self-employed in Spain, or
  • Have sufficient economic resources for himself or herself and his or her family members, so as not to become a burden on Spain's welfare system during his or her period of residence. 
In that case, evidence must be provided of the following:
  • Having health insurance taken out in Spain or another country that provides full cover in Spain.
  • The assessment of the adequacy of financial resources will be carried out on an individual basis and, in any event, taking into account the personal and family situation of the applicant. 
In the case that you are requiring to demonstrate the possession of sufficient economic means, the amount will depend on the number of family members you are willing to bring to Spain:

If you just want to bring one relative, € 627.13 per month (€ 8779.82 annually);
For two family members, € 885.36 per month (€ 12395.04 per year);
For three relatives € 1143.59 (€ 16010.26 per year);
For four € 1401.82 (€ 19625.48 per year);
And finally, for 5 family members: € 1660.05 (€ 23240.70 per year);

Be a student and have enrolled in a public or private institution recognized  or funded by the education authorities , to undertake studies or vocational training. In that case, evidence must also be provided of the following:

  • Having public or private health insurance taken out in Spain or another country that provides full cover in Spain.
  • Having made a statement of compliance attesting to the fact that he or she has sufficient financial resources for himself or herself and his or her family members, so as not to become a burden on Spain's welfare system during his or her period of residence.

Having the following relationship with the EU citizen

In the case of a family member of a student, it could be:

  • The spouse, provided that the agreement or declaration of nullity of the marital union or divorce has not been formalized.
  • A partner in a union similar to marital union and registered in a public register in an EU member state, or in an EEA state, provided that the registration has not been cancelled. For that reason, sufficient evidence must be provided. Marriage and registration as a registered partner will, in any event, be regarded as incompatible with each other.

The son or daughter of an EU citizen or his or her spouse or registered partner, provided that:
  • The agreement or declaration of nullity of the marital union or divorce has not been formalized;
  • The registration has not been cancelled for the partner, under 21 years of age or over that age and dependent on him or her, or where it is a disabled person;

Any member of the family who in the country of origin is a dependent of, or lives with the EU citizen. Cohabitation will be regarded as having been proved if a continuous cohabitation of 24 months in the country of origin is reliably demonstrated.

Any family member whose situation, for serious reasons of health or disability, makes it strictly necessary for the EU citizen to take responsibility for his or her personal care.

An unregistered unmarried partner with whom a stable relationship has been duly established by proving the existence of an enduring bond. In any event, the existence of such a relationship shall be understood to mean a period of marital cohabitation of at least one continuous year, unless there are common descendants. In that case, proof of duly demonstrated stable cohabitation will suffice.

In other cases, it may be:

  • The spouse, provided that the agreement or declaration of nullity of the marital union or divorce has not been formalized.
  • A partner in a union similar to marital union and registered in a public register in an EU member state, or in an EEA state, provided that the registration has not been cancelled. Marriage and registration as a registered partner will, in any event, be regarded as incompatible with each other.

The direct son or daughter of an EU/EEA citizen or of his or her spouse or registered partner, provided that:
  • The agreement or declaration of nullity of the marital union has not been formalized;
  • There has not been a divorce;
  • The registration has not been cancelled for the partner, under 21 years of age or over that age and dependent on him or her, or where it is a disabled person;

A direct relative in the ascending line of the EU/EEA citizen or his or her dependent spouse or registered partner, provided that:
  • The agreement or declaration of nullity of the marital union has not been formalized;
  • There has not been a divorce.
  • The partner's registration has not been cancelled.

Any member of the family who in the country of origin is a dependent of the EU citizen.
Any member of the family who in the country of origin lives with the EU citizen. Cohabitation will be regarded as having been proved if a continuous cohabitation of 24 months in the country of origin is reliably demonstrated.
Any family member whose situation, for serious reasons of health or disability, makes it strictly necessary for the EU citizen to take responsibility for their personal care.

An unregistered unmarried partner with whom a stable relationship has been duly established by proving the existence of an enduring bond. In any event, the existence of such a relationship shall be understood to mean a period of marital cohabitation of at least one continuous year, unless there are common descendants. In that case, proof of duly demonstrated stable cohabitation will suffice. Marriage and other forms of partnership will always be regarded as incompatible with each other.

Family members whose means of support are provided by the EU citizen will be regarded as dependents  and needing material assistance to cover their basic needs. This dependence must arise in the country of origin.

What advice and suggestions could help you?
You should be aware that the deadline for submitting the application to obtain a residence card for family members of EU nationals is three months from the date of entry into Spain.
Once the application has been made, you will receive a receipt acknowledging its submission, which is sufficient for confirming that the card's application is being processed. 

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