If you want to bring your family members to Spain, you should know that there is a right to family reunification, as stated in the Immigration Law: «Resident foreigners have the right to family life and family privacy in the manner provided for in this Organic Law and in accordance with the provisions of the international treaties signed by Spain».
In this article, we will analyze in detail the family reunification procedure so that you know under what circumstances you can exercise this right and which family members it affects.
What is Family Reunification?
Family reunification is a temporary residence authorization through which a foreign person residing in Spain and holding a renewed residence permit can bring their family members to Spain. This allows them to grant them a residence and work authorization.
Which Family Members Can I Reunify?
Not every family member can be reunified, only those listed below:
Spouse:
The marriage must be valid, meaning that in case of de facto or legal separation, reunification is not possible.
Marriages entered into solely for the purpose of obtaining legal benefits, without a genuine emotional relationship (marriages of convenience), are excluded. It’s important to note that although the law in some countries allows marriage with multiple wives, only one of them can be reunified. If the sponsor has married again after a divorce, they can only reunify with the current spouse if they can prove the dissolution of previous marriages through a legal process.
Person with whom a relationship analogous to marriage is maintained:
To establish that we are dealing with «a relationship analogous to marriage,» it must be proven: a. That the relationship is registered in a public register established for this purpose. b. The existence of a non-registered relationship, established prior to residence in Spain, must be evidenced. Any legal means of proof may be used (e.g., the existence of a common child, joint registration on the census, etc.).
Children of the Sponsor and Spouse, Including Adopted Children
Only children under 18 years of age or those with disabilities who cannot provide for their own needs due to their health condition can be reunified. If the child is the biological child of only one of the spouses, that spouse must exercise sole parental authority or have been granted custody, and the children must be effectively under their care. In the case of adopted children, the resolution granting the adoption must meet the requirements to have effects in Spain.
Minors under 18 and those over that age who cannot provide for their own needs, whose legal representative is the sponsor.
It is required that the legal act from which the representative powers arise is not contrary to the principles of the Spanish legal system.
First-degree ascendants of the sponsor and their spouse.
Ascendants must be financially dependent and over 65 years old. In addition, there must be reasons justifying the need to authorize residence in Spain. Only in cases of humanitarian reasons can an ascendant under 65 years old be reunified.
Humanitarian reasons are understood to exist, among others, in the following cases:
- When the ascendant lived with the sponsor in the country of origin at the time the sponsor obtained their authorization.
- When the ascendant is incapacitated and their guardianship is granted by the competent authority in the country of origin to the resident foreigner or their reunified spouse or partner.
- When the ascendant is objectively unable to provide for their own needs.
- When the ascendant of the sponsor, or of their spouse or partner, is the spouse or partner of the other ascendant (to reunify both parents and avoid the breakup of the couple), provided that the latter is over sixty-five years old.
In this case, requests for residence authorization through family reunification can be submitted jointly, although the exception to the age requirement for the ascendant under sixty-five years old will be conditioned on the authorization of the other ascendant being granted.
For this case of humanitarian reasons, it is understood that the ascendant is financially dependent on the sponsor if, in the last year, they have transferred funds or supported expenses of their family member, representing at least 51% of the per capita gross domestic product, on an annual basis, of the country of residence of the sponsor.
Requirements for Family Reunification
Not all resident foreigners can reunify their families. It is necessary to have one year of residency since the Immigration Regulation establishes that «The request for family reunification may be submitted when the sponsoring foreigner has authorization to reside in Spain for a minimum of one year and has applied for authorization to reside for at least another year.»
In addition to the above, the sponsor must demonstrate that they have adequate housing and financial means to cover their needs and those of their family once reunified. In the case of ascendants, the matter becomes more complicated, as the sponsor must be the holder of a long-term or long-term EU residence permit.
Requirements for Family Reunification: Housing
The Autonomous Communities or, where applicable, the Municipalities will issue a report within a maximum period of 30 days on the suitability of the housing for the purpose of family reunification in Spain, i.e., whether it is suitable for the needs of the sponsor and their family. If the report is not issued within 30 days (which must be properly proven), it can be demonstrated that the housing is adequate by any means of evidence admitted in law.
Both the report and the documentation presented in the absence of it must refer to:
- Title authorizing occupancy of the housing. This title may refer to the sponsoring foreigner or to anyone who is part of the family unit based on a relationship (only those mentioned in Article 17 of the Immigration Law).
- Number of rooms.
- Intended use of each room in the housing.
- Number of people living in it.
- Living conditions and equipment.
General Regime Family Reunification: How to Prove Economic Means?
To reunify a family member, it is necessary to demonstrate that you have sufficient financial means to meet the needs of the family, including healthcare if not covered by Social Security. The required amount is 150% of the monthly IPREM (€822.90 in 2020) for family units including 2 members (sponsor and sponsored). When family units include more than 2 people, upon arrival in Spain, an additional 50% of the monthly IPREM per additional member (€274.3) is required. That is, if the family has 3 members, it’s 200% of the monthly IPREM, if it has 4 it’s 250%, etc.
It must be demonstrated that these financial means will be maintained throughout the duration of the authorization, for example by providing an indefinite employment contract. To determine if there is a source of income that can be maintained throughout the year, the evolution of the sponsor’s means in the six months prior to the date of application will be taken into account (e.g., if they have worked the previous 6 months or have had any kind of income in the previous months).
There are two cases in which this economic amount can be reduced:
- When the family member to be reunited is a minor and there are documented exceptional circumstances that advise the reduction of economic resources based on the principle of the best interests of the child.
- Likewise, the amount may be reduced in relation to the reunification of other family members for humanitarian reasons appreciated in relation to individualized cases and subject to a favorable report from the Directorate-General of Immigration.
To prove the financial means, any document can be provided, although it is common to provide the employment contract (employed work) or proof of activity (self-employment) and the latest tax return. If no lucrative activity is carried out, certified checks, credit cards, etc., can be provided.
It is important to know that income from the Social Security system does not count for these purposes. However, Social Security should not be confused with unemployment benefits, which are taken into account. The incomes contributed by the spouse residing in Spain and living with the sponsor, as well as those of another direct relative in the first degree, residing in Spain and living with the sponsor, can also be provided.
Extended Family Reunification: Can a foreigner who has been reunited also reunite their family members?
Yes, but for this, they must have a residence and work permit obtained independently of the sponsor’s authorization and meet other legally required requirements.
In the case of reunited ascendants, things get complicated because they can only reunite when they obtain long-term resident status and demonstrate financial solvency. Only if the reunited ascendant has minors or disabled children under their care can they reunite without needing to acquire long-term resident status.
What is the procedure for family reunification?
It is the sponsor who must apply for the residence permit for family reunification in favor of the family members they wish to reunite. In the case of family members of foreigners who have long-term resident status in another European Union member state, the family members themselves can apply directly by providing proof of residence as a family member of the long-term resident in the first member state.
Documents for Family Reunification
For the sponsor:
- Copy of a valid passport.
- Certified copy of documentation proving employment and/or sufficient financial resources to meet the needs of the family, including healthcare, if not covered by Social Security.
- Original documentation proving the availability of suitable housing for the sponsor and family, which will be their habitual residence. In cases of spousal or partner reunification, a sworn statement from the sponsor declaring that no other spouse or partner resides with them in Spain.
For the family member to be reunited:
Complete copy of the valid passport or travel document. Copy of documentation proving family or relationship ties or the existence of a de facto union, and, if applicable, legal and economic dependence. While the Regulation does not explicitly require a criminal record check from the country of origin, one of the requirements is not having a criminal record, so it is advisable to provide it.
What is the next step once the authorization is approved?
The authorization is suspended until the issuance of the visa and the actual entry of the foreigner into Spanish territory during its validity. The authorization resolution will be recorded in the corresponding application so that the diplomatic mission or consular office in the foreigner’s jurisdiction has access to it. The reunited family member must apply for the visa at the diplomatic mission or consulate within 2 months of the authorization being approved.
The visa application must be accompanied by the following documents:
- Ordinary passport recognized as valid in Spain, with a minimum validity of four months.
- Certificate of criminal record or equivalent document for applicants of legal age, issued by the authorities of the country of origin or the countries where they have resided during the last five years, without convictions for offenses under Spanish law.
- Original documentation proving family or relationship ties or the existence of a de facto union, and, if applicable, age and legal dependence.
- Medical certificate to certify the absence of diseases that may have serious public health repercussions, in accordance with the International Health Regulations of 2005.
The diplomatic mission or consular office will notify the granting of the visa within a maximum period of 2 months.
Once the reunited family member has the visa, they must enter Spain within the period specified in the visa, which will not exceed 3 months. Within one month of entering Spain, they must apply for the Foreigner Identity Card.
Family Reunification in Spain: How Long Does the Residency Authorization for the Reunited Family Member Last?
When the sponsor has temporary residency, the residency of the reunited family member will last until the expiration date of the sponsor’s residency. If the sponsor has long-term residency (or EU long-term residency), the validity of the initial residency authorization for the reunited family members will be extended until the expiration date of the Foreigner Identity Card held by the sponsor at the time the family member enters Spain.
What Happens in Case of the Death of the Sponsor? What About in Case of Divorce?
Article 59.2.c) of the Immigration Regulations establishes that the spouse may obtain an independent residency and work authorization in case of the sponsor’s death. In case of divorce, it is required to prove cohabitation in Spain with the sponsoring spouse or partner for at least 2 years.
Requirement for Family Reunification: Can I Work with this Authorization?
The spouse and minor children, upon reaching working age, may work without any additional procedures.
And that concludes today’s article; we hope you found it useful.
Marta Palacios Cuesta is the founder and principal consultant of Es Abogado Extranjería, a law firm specializing in immigration law in Madrid and Seville. With an impressive academic background, Marta offers expert advice on immigration procedures, residency processes and obtaining Spanish nationality. Committed to providing personalized and up-to-date solutions, her firm stands out for its detailed and professional approach. If you need legal guidance regarding your status in Spain, contact Marta for a personalized consultation at Es Abogado Extranjería.