Family visas in Spain are designed to facilitate the reunification of family members with individuals who are legally residing in the country. The process and requirements for obtaining a family visa can vary based on the applicant’s nationality, relationship to the resident, and specific circumstances. Below is a detailed overview of the different aspects of family visas in Spain.

Who Can Move to Spain to Join Their Family?

The eligibility for family members to join a relative in Spain largely depends on their nationality:

EU/EEA/Swiss Nationals: Citizens from the European Union (EU), European Economic Area (EEA), or Switzerland do not require a visa to move to Spain. However, they must register as foreigners and obtain a Foreigner’s Identity Number (NIE) upon arrival.

Non-EU/EEA Nationals: Family members of non-EU citizens must apply for a family reunification visa. This typically requires that the resident in Spain has lived there legally for at least one year and has authorization to stay for an additional year before their relatives can apply.

Types of Family Members Eligible for Reunification

The following relatives are eligible to apply for a family reunification visa:

• Spouse or Civil Partner: Must provide proof of relationship.
• Unmarried Dependent Children: Includes adopted children under 18 years old.
• Dependent Adult Children or Grandchildren: Those who cannot live independently due to disability.
• Parents Over 65 Years Old: Must demonstrate dependency due to age or health issues.
• Under certain conditions, children aged 18 to 21 may also qualify if they are financially dependent and enrolled in academic studies.

Spain Family Reunification Visa Process

To initiate the family reunification process, the resident in Spain must start the application on behalf of their family members. Here’s how it works:

Eligibility Requirements:

• The resident must hold a valid residency permit (TIE) with at least one renewal.
• Financial stability must be demonstrated, showing sufficient means to support dependents.
• A clean criminal record and absence of public health risks are mandatory.

Application Procedure:

• Gather necessary documentation such as marriage certificates, birth certificates, proof of residence, and financial statements.
• Submit applications through the Spanish consulate or embassy in the applicant’s home country.
• Pay applicable visa fees and provide medical certificates confirming no serious health risks.

Visa Duration and Renewal:

• Initially granted for one year, this visa can be renewed annually for up to five years.
• After five years of legal residence in Spain, family members may apply for permanent residency.

Special Cases:

In cases involving refugees or asylum seekers, specific provisions allow immediate reunification with close family members under humanitarian grounds.

Post-Arrival Considerations:

Upon arrival in Spain, new residents should complete registration processes including obtaining an NIE and registering with local authorities.

Divorce or Death Situations:

If a resident’s spouse passes away or if there is a divorce, specific rights may still allow continued residence under certain conditions.

Appeals Process:

If an application is denied, there is an appeals process available which should be initiated promptly according to legal guidelines provided by Spanish immigration authorities.

By understanding these components of the Spain family visa system, individuals can better navigate the complexities involved in reuniting with loved ones while ensuring compliance with Spanish immigration laws.

For more enquiries on a Spain family visa, book a consultation with a consultant with e-lhr