Family members
of EU
citizens
Family members of citizens of the European Union, the European Economic Area and Switzerland may live in Spain under the EU regime, which is more favourable tha…
Family members of citizens of the European Union, the European Economic Area and Switzerland may live in Spain under the EU regime, which is more favourable than the general regime. The procedure is the residence card for family members of EU citizens. The point at which most applications come unstuck is how the family relationship fits the rules: the legislation recognises more situations than people generally realise.
Family members covered directly
The EU regime applies, whatever their nationality, to the spouse, provided there has been no agreement or declaration annulling the marriage and no divorce; to a partner registered in a public register of a Member State or of the European Economic Area, provided the registration has not been cancelled — marriage and registration as a registered partner are mutually exclusive; to direct descendants, both their own and those of the spouse or registered partner; and to direct ascendants, both their own and those of the spouse or registered partner, who are dependent on them.
Dependent descendants over 21
This is one of the most frequently overlooked situations. Direct descendants are not covered only while they are under twenty-one: those above that age who are dependent on the EU citizen are also covered, as are descendants with a disability. Turning 21 does not automatically remove someone from the EU regime if they remain financially dependent on their parent.
Unregistered partners
Even where the partnership is not entered in any register, a partner can apply for the EU regime if they can evidence a duly proven stable relationship. The legislation sets a concrete test: a durable tie is taken to exist where at least one continuous year of marital cohabitation is evidenced, unless the couple have children together, in which case duly proven stable cohabitation is enough. This is a route distinct from registered partnership, with its own evidential requirements.
Other family members: the extended family
The EU regime may be applied for in respect of family members not falling within the categories above, whatever their nationality, in two situations: where in their country of origin they were dependent on, or lived with, the EU citizen; or where on serious health or disability grounds it is strictly necessary for the EU citizen to take personal care of them. The authorities assess individually the degree of financial or physical dependence, the family relationship, the seriousness of the illness and the length of prior cohabitation, and cohabitation is taken as evidenced where twenty-four months of continuous cohabitation in the country of origin is conclusively proven.
The procedure and its deadlines
Family members who are not nationals of a Member State are required to apply for and obtain the residence card for family members of EU citizens. The application is filed within three months of entering Spain, at the Immigration Office (Oficina de Extranjería) for the province or, failing that, at the Police Station. A receipt is issued immediately certifying lawful stay until the card is handed over, and that receipt cannot be required as a precondition for exercising other rights if the situation can be evidenced by other means. The card is valid for five years, or for the EU citizen's expected period of residence if that is shorter.
Permanent residence
After five years of continuous lawful residence in Spain, both EU citizens and their family members who are not nationals of a Member State hold the right to reside permanently, and are no longer subject to the conditions on financial resources and health insurance. A certificate of the right to reside permanently is issued on request.
Our advice
At AbogadosDVA we handle every category under the EU regime and, in particular, extended family and unregistered partner cases, which are the ones that require the evidence of dependence or cohabitation to be built carefully. To find out the requirements and documents for your particular case, get in touch with the firm.
Requirements and documents
The requirements and the documents you will need vary with the circumstances of each case. To find out what applies to yours, get in touch with the firm and we will advise you personally.
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