The upcoming immigration regulation set to take effect on May 20, 2025, introduces significant changes to the legal framework governing Spanish residency for family members of Spanish citizens. This new regulation establishes a distinct residency permit specifically for relatives of Spanish nationals, eliminating the previous requirement for a community family card or family reunification procedures. Below, we explore the key aspects of this new regulation and how it impacts the application process.
What is Changing in Spanish Residency for Family Members?
The new regulation creates a dedicated residency category for family members of Spanish citizens, known as “Residencia para Familiar de Ciudadano Español.” This legal adjustment simplifies and streamlines the application process, ensuring a clearer and more direct path for foreign family members seeking Spanish residency. The permit will be valid for five years and will allow both residence and work rights in Spain.
Who Can Apply for Spanish Residency as a Family Member of a Spanish Citizen?
The regulation includes a broad range of family members who can apply for this residency, including:
- Spouse of a Spanish citizen.
- Registered partner in a public registry of de facto couples.
- Stable, accredited partner of a Spanish citizen (proof required, such as shared residence or children in common).
- Children under 26 years old or over 26 if financially dependent on the Spanish citizen.
- Parents of Spanish citizens who are financially dependent and lack family support in their home country (now set at 80 years of age or older).
- Parent, guardian, or caretaker of a minor Spanish citizen.
- Caregiver of a Spanish citizen recognized as dependent under Spanish law (Law 39/2006 of December 14).
- Children of parents who are or were originally Spanish.
- Extended family members who can demonstrate dependency on the Spanish citizen.
Key Changes in the New Regulation
- All family members of Spanish citizens are included in the same authorization process.
- The age limit for dependent children has increased to 26.
- Parents under 80 must prove financial dependency and lack of family support.
- A new visa process has been introduced for eligible family members.
- Greater flexibility for children of originally Spanish parents.
- Clearer regulations on maintaining and modifying residency permits.
- Family members can now exercise the right to family reunification, which was previously restricted.
What Does “Being Financially Dependent” Mean?
The regulation introduces specific criteria for determining financial dependency, which must be ongoing and demonstrable. This dependency:
- Must exist while the family member resides in their country of origin.
- Can be economic, physical, or based on shared residence.
- Requires proof that at least 51% of the GDP of the home country has been sent to the dependent person over the past year.
- Must be supported by evidence of the Spanish citizen’s financial capacity, including income and assets.
For parents of Spanish citizens, dependency is presumed if they are over 80 years old. This is an increase from the previous requirement of 65 years old.
Required Documents for Spanish Residency as a Family Member
The required documents will vary depending on the applicant’s relationship to the Spanish citizen. However, common requirements include:
- Residency application form.
- Proof of residence in Spain (certificate of registration or cohabitation).
- Identification or passport of the Spanish citizen.
- Criminal record certificate of the foreign applicant (in some cases).
- Copy of the passport of the foreign applicant.
Additional documentation will depend on the specific family relationship:
- Spouses must provide a recent marriage certificate from the Spanish Civil Registry.
- Registered partners must submit the official certificate of registration.
- Unregistered partners must provide proof of cohabitation for at least one year or evidence of having children in common.
- Children under 26 must submit a birth certificate; stepchildren require proof of marriage or partnership between their parent and the Spanish citizen.
- Parents over 80 must provide the Spanish citizen’s birth certificate; in-laws must also submit the spouse’s birth certificate and marriage or partnership registration.
- Parents under 80 must additionally provide proof of financial dependency, such as money transfers and support payments.
- Parents of Spanish minors must submit the child’s birth certificate and a copy of their Spanish passport or ID.
- Children of originally Spanish parents must submit their birth certificate and the Spanish birth certificate of their parent.
- Extended family members must prove both family ties and dependency.
All non-Spanish documents must be legalized, apostilled, and translated by a sworn translator.
Where to Apply for Spanish Residency as a Family Member
Applications can be submitted either in Spain or abroad, depending on the family member’s location:
Applications from Spain
The following relatives can apply while already in Spain:
- Spouse or registered partner of a Spanish citizen.
- Unregistered stable partner.
- Children under 18.
- Parent or guardian of a Spanish minor.
- Caregivers of Spanish dependents.
- Children of originally Spanish parents.
Applications from Outside Spain
Certain relatives must apply through a Spanish consulate in their home country, including:
- Parents of Spanish citizens (or their spouses/partners) under 80 years old.
- Children over 18.
- Extended family members.
New Visa for Family Members of Spanish Citizens
A new visa category has been created specifically for these family members. The Spanish citizen must first obtain residency authorization in Spain, and only after approval can the family member apply for the visa.
Can Family Members Work While Their Application is Being Processed?
One of the most significant updates allows certain family members to work as soon as they receive their application receipt. Eligible individuals include:
- Spouses, registered partners, and stable partners.
- Children of Spanish citizens or their partners.
This marks an improvement from the previous system, where applicants could not work until receiving their residency card.
When Will the New Spanish Residency Regulations Take Effect?
The regulation officially takes effect on May 20, 2025. As the new law was published in the Official State Gazette (BOE) on November 20, 2024, there is a six-month transition period before enforcement begins.
Transitional Provisions: What You Need to Know
For a limited six-month period after the law takes effect, parents and children over 18 years old already in Spain can apply for residency from within the country instead of needing to return to their home country for a visa. This exception will be valid until December 20, 2025.
Final Thoughts
These changes represent a significant improvement in the Spanish residency process for family members of Spanish citizens, offering a clearer, more structured, and legally secure pathway. If you are planning to apply, ensure you understand the new procedures and requirements, and seek professional guidance if needed.
