EU Family Residence Permit.

Is considered direct relative of a EU citizen:

– Spouse or registered partner (pareja de hecho).

– Ascendants, of the EU citizen or of his couple, in our charge.

– Children, of the EU citizen or of the couple, under 21 years, or those over 21 under our care.

It is considered an extended family of the community member (art. 2.bis. Royal Decree 240/2007):

– Unregistered partner with a child in common.

– Grandchildren, grandparents, siblings who are financially dependent on the EU citizen.

Processing:

It is processed when the interested party is in Spain.

If the interested party is not yet in Spain:

– Community family reunification visa: prior to entry, contact the Spanish consulate in your country to obtain the residence visa for a EU citizen family member. You will need to bring the documents that prove the link.

– If you do not need a visa to enter Spain, you will only need to carry the documents that prove the link to cross the border.

Duly APOSTILLED documents that the family member of the community must present to enter Spain:

– Certified copy of the EU citizen identity document.

– Certificate of registration of the EU citizen.

– Act of demonstrations (the EU citizen declares to a notary that the relative come to live with him).

– Proof of the relationship (if it is a couple, ascendant, child, etc.).

When the family member already has this documentation, they can apply for the visa or directly enter to Spain.

Application:

We have to make an appointment at the immigration office where you are registered. It should be done online throuth your lawyer’s credentials. (Since COVID19, the immigration office do not take anybody at the very office, it must be done online throuth a lawyer).

Documents to apply:

– Form EX19.

– Non-EU’s passport (original and photocopy).

– EU’s passport and EU citizen certificate (to obtain the EU certificate, you need to have the NIE)

– Each one’s 3 passport photos .

– Authorization of representation (for the lawyer).

– Register of common living (you can ask for this at the city council, it’s called: empadronamiento conjunto).

– Each one’s full medical insurance.

– Registered partner certificate (pareja de hecho).

– Sufficient financial means of the EU citizen to demonstrate that you can support the family member you are bringing to Spain:

– Employed: Job contract.

– Self-employment: you need to bring the registration documents with the Treasury («documentos de alta en Hacienda») and the VAT («declaración de IVA») and / or personal income tax return models («declaración del IRPF»), (depending on what kind of activity is it).

– If you do not work: you must have a minimum of 14,000 euros in the bank account (the bank can be Spanish or foreign).

– If you study: you could make a notarized declaration that you can support your couple (the law says nothing about this), and documentary proof that you are enrolled in an official study center.

Once the request is made, you must wait a maximum of 3 months until resolution.

The file can be updated during those 3 months (requirements, etc.).

Resolution:

– Filed: it is usually because they have required a document and it has not been answered.

– Administrative silence: negative (it means that if the administration do not say if its approved or denied, it is considerate denied). It can be appealed administratively.

– Denial: appeal in administrative proceedings.

– Favorable: Make an appointment with the police to make the physical card (fingerprints, form EX17, 2 passport photos, tax 790012). The police usually take 1 month to give the physical card.