Last Updated on April 11, 2026 by Bruno Bianchi
If you found this article before 2025, you may remember it as a comparison between two options: Arraigo Familiar and the EU Family Card. That framing made sense under the old rules — but Spain’s immigration law changed significantly on 20 May 2025, when Royal Decree 1155/2024 came into full effect.
The 2025 reform created a dedicated residence regime for family members of Spanish citizens, regulated by Articles 93–99 of the updated immigration regulations. This means that, for most non-EU spouses, partners, children, and other close relatives of Spanish nationals, the main legal route is now the Residence for Family Members of Spanish Citizens — not Arraigo Familiar, and not the EU Family Card.
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Start the Moving to Spain Hub →So instead of asking “Arraigo Familiar or EU Family Card?”, the real question in 2026 is: which of the three current pathways applies to my situation?
This updated guide walks you through all three options, explains who each one is for, and helps you understand which route is most likely to apply to you.
What Changed in 2025: Royal Decree 1155/2024
Before May 2025, non-EU family members of Spanish citizens often had to choose between Arraigo Familiar (a general residency route adapted for family ties) and the EU Family Card (designed for family members of EU citizens exercising free movement rights). Neither was specifically built for the situation of a Spanish citizen living in Spain with a non-EU relative.
Royal Decree 1155/2024 changed that. Articles 93–99 of the reformed immigration regulations now create a standalone residence category specifically for family members of Spanish citizens. This regime recognises that Spanish citizens living in their own country are in a different legal position from EU citizens moving between member states — and it provides a clearer, more direct pathway for their non-EU family members.
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Explore Cities →In practice, this means the old binary choice between Arraigo Familiar and the EU Family Card is no longer the right way to think about it. For most people, the answer in 2026 is the new dedicated regime.
The Three Pathways in 2026
Here’s how the current framework works. Each pathway serves a different situation — choosing the right one matters, because applying under the wrong regime can lead to delays or refusals.
A. Residence for Family Members of Spanish Citizens (Articles 93–99)
Who is this for? This is now the primary route for non-EU family members of Spanish nationals who are living in Spain. It covers:
- Spouses of Spanish citizens
- Registered partners (pareja de hecho)
- Stable unregistered partners, where the relationship can be sufficiently proven
- Children under 26 who are financially dependent on the Spanish citizen
- Ascendants (parents, grandparents) and other dependent relatives, in certain circumstances
Typical scenarios: A non-EU spouse who has married a Spanish citizen and is living together in Spain. An adult child under 26 who has moved to Spain and is financially dependent on their Spanish parent. A parent of a Spanish citizen who is dependent and living in Spain.
Main practical advantages:
- Designed specifically for the family members of Spaniards — no need to fit into a framework built for other situations
- Typically does not require the applicant to demonstrate independent economic means (the Spanish family member’s resources are usually considered)
- In most cases, there is no requirement for private health insurance
- Grants the right to live and work in Spain
Important cautions: You will typically need to provide apostilled criminal records from your country of origin and any country where you have lived in the last five years. The exact documentation requirements may vary depending on the specific family relationship and the applicant’s circumstances. It is always worth checking with a qualified immigration lawyer before submitting your application.
B. EU Family Card (Tarjeta de Familiar de Ciudadano de la Unión)
Who is this for? The EU Family Card — sometimes called the Tarjeta de Familiar Comunitario (TFC) — is for non-EU family members of EU citizens (including Spanish citizens) who are exercising their right to free movement. In practice, this mainly applies when:
- A non-Spanish EU citizen is living in Spain with their non-EU family member
- A Spanish citizen has been living in another EU country and is returning to Spain with their non-EU family member (exercising the “return” right under EU free movement law)
Typical scenarios: A German citizen working in Barcelona whose non-EU spouse needs a residence card. A Spanish citizen who lived in France for several years, married a non-EU partner there, and is now returning to Spain together.
Main practical advantages:
- No requirement for criminal records from the applicant
- Falls under the EU Community Regime, which can offer favourable long-term residency conditions
- Grants the right to live and work in Spain
Important cautions: The EU citizen (the sponsor) typically needs to demonstrate economic activity in Spain — for example, being employed, self-employed, or having sufficient resources. Health insurance coverage is generally required. The December 2023 Supreme Court ruling clarified that applications cannot be refused solely on the basis of insufficient income — other personal and family circumstances (such as having children together) must also be weighed. However, this doesn’t remove the economic requirement entirely; it simply means the assessment should be more holistic.
Since the 2025 reform, the EU Family Card is no longer the default route for family members of Spanish citizens living in Spain. It remains the correct route for family members of non-Spanish EU citizens, and for certain “return” scenarios.
C. Arraigo Familiar
Who is this for? Arraigo Familiar is a residency route within Spain’s general immigration regime. After the 2025 reform, its role for family members of Spanish citizens has narrowed considerably. It may still be relevant in specific circumstances — for example, cases involving family ties that fall outside the scope of Articles 93–99, or situations where the applicant’s particular facts make this route more appropriate.
Typical scenarios: This route is most commonly associated with parents of Spanish-born minor children, where the parent may not qualify under the new family member regime for other reasons. It may also apply in certain edge cases involving other family connections that do not fit neatly into the categories covered by the 2025 reform.
Main practical advantages:
- Can be applied for from within Spain, even if the applicant is in an irregular situation
- Does not require the applicant to prove economic means or have health insurance in many cases
- Provides a work and residence permit
Important cautions: Arraigo Familiar is no longer the go-to route for spouses, partners, or most close relatives of Spanish citizens. If your situation fits within the new Articles 93–99 regime, that will typically be the stronger and more straightforward application. Using Arraigo Familiar when another route applies may result in delays or a refusal. Apostilled criminal records are required.
Which Family Members Qualify?
Under the new framework, the family categories recognised for residence purposes typically include:
- Spouses — legally married to a Spanish citizen
- Registered partners — with a formally registered pareja de hecho
- Stable unregistered partners — where the relationship can be demonstrated through cohabitation, shared finances, or other evidence (the exact standard may depend on the region and the immigration office)
- Children under 26 — where they are financially dependent on the Spanish citizen
- Ascendants — parents or grandparents who are dependent on the Spanish citizen
- Other dependent relatives — in some cases, other family members who can demonstrate genuine dependency may also qualify, though this is assessed case by case
Be cautious about older guidance that uses fixed age thresholds (such as “ascendants over 65”). The 2025 reform focuses on dependency rather than age alone, although age may be a factor in demonstrating dependency.
Case Studies
Case Study 1: Spanish Citizen in Spain with a Non-EU Spouse
María is a Spanish national living and working as a teacher in Madrid. She recently married John, a Canadian citizen who has moved to Spain to live with her. John does not yet have a job in Spain and does not have private health insurance.
Which route? Under the 2025 framework, John would typically apply under the Residence for Family Members of Spanish Citizens (Articles 93–99). As the spouse of a Spanish citizen living in Spain, this is the route designed for his situation. He would not normally need to demonstrate his own economic means or private health insurance. He would need to provide apostilled criminal records.
Before May 2025, John might have been advised to apply through Arraigo Familiar or the EU Family Card. Under the current rules, neither of those would typically be the correct first choice for his situation.
Case Study 2: Non-Spanish EU Citizen in Spain with a Non-EU Spouse
Hans is a German citizen who works as an engineer in Barcelona. His wife, Priya, is an Indian national. Hans is employed full-time and has access to the Spanish public health system.
Which route? The EU Family Card is the correct pathway here. Hans is a non-Spanish EU citizen exercising his right to free movement in Spain. Priya, as his non-EU spouse, can apply for the TFC. Because Hans is employed, the economic means requirement is met. Criminal records are not required for this application.
Case Study 3: Parent of a Spanish-Born Minor Child
Sofia is a Colombian citizen who has been living in Spain. Her child was born in Spain and holds Spanish nationality. Sofia does not have legal residency and is not married to a Spanish citizen.
Which route? Depending on Sofia’s specific circumstances, Arraigo Familiar may still be the applicable route — particularly as the parent of a Spanish minor child. This route allows her to apply from within Spain even if her current immigration status is irregular. However, Sofia should also check with a lawyer whether the new Articles 93–99 regime could apply to her situation, as the definition of qualifying family members may cover some parent-child relationships.
Transitional Rules: What If You Applied Before May 2025?
If you submitted your application before 20 May 2025, it was likely processed under the previous legal framework. The reform included transitional provisions so that pending applications were not left in limbo. In some cases, applicants were given the option to continue under the old rules or to transition into the new regime.
If your application was filed before the reform and you are unsure how it was handled, it’s worth checking with your lawyer or the relevant immigration office to confirm which legal framework was applied to your case.
Long-Term Residency: What Comes Next?
The long-term residency path depends on which route you used to get your initial permit. This is an important consideration when choosing between options — and one more reason to get the right legal advice early.
Residence for Family Members of Spanish Citizens: The long-term pathway under the new regime is still being established in practice. Holders should expect to follow the general immigration regime’s renewal and long-term residency process, but the exact conditions may depend on how administrative practice develops. Check with your lawyer about the current state of play at renewal time.
EU Family Card: After five years of continuous legal residence under the Community Regime, holders can typically apply for a permanent residence card valid for ten years. This is a well-established pathway under EU law.
Arraigo Familiar: After the initial permit, holders typically follow the general immigration regime’s renewal process, leading to a long-term residence permit after five years of continuous legal residence.
Do not assume that one long-term pathway is automatically “better” than another. The right choice depends on your personal situation, your family circumstances, and your long-term plans in Spain.
How to Choose the Right Route
The key question is no longer “Arraigo Familiar or EU Family Card?” Instead, start by asking:
- Is your family member a Spanish citizen living in Spain? → In most cases, the Residence for Family Members of Spanish Citizens (Articles 93–99) will be the right route.
- Is your family member a non-Spanish EU citizen living in Spain? → The EU Family Card is typically the correct option.
- Does your situation involve a specific family connection (like being the parent of a Spanish minor) that may not be fully covered by the new regime? → Arraigo Familiar may still apply, but get legal advice first.
Applying under the wrong route is one of the most common causes of delays and refusals. If you’re not sure which pathway is right for you, speak to a qualified immigration lawyer before you submit your application. The legal landscape has changed significantly, and advice written before May 2025 may no longer be accurate.
Final Thoughts
Spain’s 2025 immigration reform was a major shift for family members of Spanish citizens. The good news is that the new regime is more focused and more direct — if you’re the spouse, partner, child, or dependent relative of a Spanish national, there’s now a pathway designed specifically for you.
The EU Family Card remains an important tool for families of non-Spanish EU citizens, and Arraigo Familiar still has a role in certain narrower situations. But the days of shoehorning every “family of a Spaniard” case into one of those two boxes are over.
As always, immigration law is applied by real people in real offices, and outcomes can vary. Use this guide as a starting point, but always confirm your specific situation with a professional before making your application.
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