Temporary Residence Permit for Family Members of Spanish Nationals

The temporary residence permit for family members of Spanish nationals is a temporary residence permit that can be obtained by a foreign national who has a family relationship with a Spanish national, regardless of where and when the relationship is established, provided that the relationship is maintained and they accompany, join, or reunite with the Spanish national in Spain, except in the case of children whose father or mother are or were Spanish citizens by birth, in which case they may do so under any circumstances.

Regulation

• Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration (art. 31)
• Royal Decree 1155/2024, of November 19, approving the Regulation of Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration (articles 93 to 98).

Scope of Application

This authorization may be requested, provided they live together, by those who find themselves in any of the following situations:

• The spouse over eighteen years of age, provided there has been no agreement or declaration of nullity of the marriage or divorce and it was not entered into fraudulently.
• The unmarried foreign partner over eighteen years of age who maintains a relationship of affection analogous to marriage with the Spanish national and registered in a public registry established for this purpose in a Member State of the European Union or in a State party to the Agreement on the European Economic Area or in Switzerland, provided that it was not entered into fraudulently and said registration has not been cancelled, which must be duly proven.
• The unmarried foreign partner over eighteen years of age who maintains a duly proven stable relationship with the Spanish national. In any case, a duly proven stable partnership will be understood as one that sufficiently demonstrates a cohabitation relationship analogous to marriage, within or outside of Spain, for at least twelve continuous months. The prior cohabitation period will not be required if the couple has children together, provided the relationship is maintained.
• Marriage, registered partnership, and stable partnership will, in all cases, be considered incompatible with each other.
• Their children, or those of their spouse, registered partner, or stable partner (provided that the latter also resides or will reside in Spain), are under twenty-six years of age, or are older but dependent on them, or have a disability for which they require support to exercise their legal capacity.
• Direct ascendants in the first degree of consanguinity and affinity, and those of their spouse, registered partner, or stable partner, provided there has been no agreement or declaration of nullity of the marriage, divorce, or cancellation of the registered partnership, in the following cases: 1. When they prove that they are dependent on them and lack family support in their country of origin; 2. When there are humanitarian reasons.
• The father, mother, guardian, or legal representative of a minor of Spanish nationality, provided that the applicant is responsible for the minor and lives with them or is up to date with their obligations towards them. This relationship must have been established in accordance with Spanish law.
• A single relative, up to the second degree, who provides or will provide the care required by a person of Spanish nationality who has been recognized as having one of the degrees of dependency established in Article 26 of Law 39/2006, of December 14, on the Promotion of Personal Autonomy and Care for Dependent Persons.
• Children whose father or mother is or was a Spanish citizen by birth.
• Other family members not included in the previous sections, who provide verifiable proof at the time of application that they are dependent on them.

Requirements

• Not to be a national of a European Union Member State, a European Economic Area State, or Switzerland.
• To have no criminal record in Spain or in any country where the applicant has resided in the last five years for offenses recognized under Spanish law.
• To not be listed as inadmissible in the territory of countries with which Spain has signed an agreement to that effect.
• To not be within the period of a commitment not to return to Spain, if applicable.
• To not pose a threat to public order, security, or public health.
• To not suffer from any of the diseases that may have serious public health repercussions, in accordance with the provisions of the 2005 International Health Regulations. Note: The submission of a medical certificate attesting that the foreign national does not suffer from any of the diseases that may have serious public health repercussions, in accordance with the 2005 International Health Regulations, is not required in cases where, in accordance with the RLOEx (Regulations for the Legal Status of Foreigners Abroad), the applicant requests a residence permit while in Spain.
• Having a family relationship with a person of Spanish nationality, regardless of where and when the bond is established, provided that it is maintained and they accompany, join, or reunite with that person within Spanish territory, except in the case of children whose father or mother is or was Spanish by birth, in which case they may do so under any circumstances.
• In the case of being married for the second time, proof of the dissolution of the previous marriage(s) is required. This proof may be obtained through a court or notary, depending on the legislation of each country.

Documentation

• Application form (EX-24), duly completed and signed by the foreign national.

• Regarding the family member of Spanish nationality:

1. Complete copy of their valid passport or national identity document.
2. In cases of applications on behalf of a spouse or partner, a sworn statement that no other spouse or partner resides with them in Spain.

• Regarding the foreign family member:

1. Complete copy of their valid passport or travel document.
2. Documentation proving the family relationship with the family member of Spanish nationality.
3. Where required, documentation proving that the family member is dependent on the family member of Spanish nationality.
4. In cases involving other family members (case i. of the list of situations described above), proof of dependency, cohabitation, degree of kinship, and, where applicable, the existence of serious health conditions or disability must be provided.
5. In the case of a stable relationship, documentation justifying the existence of a stable relationship with the Spanish national partner, the length of cohabitation, and, if applicable, birth certificates of any children they have in common.
6. Criminal record certificate issued by the authorities of the country or countries in which the applicant has resided during the five years prior to entering Spain.
7. Medical certificate attesting that the applicant does not suffer from any of the diseases with public health repercussions listed in the 2005 International Health Regulations. Note: The medical certificate attesting that the foreign national does not suffer from any of the diseases that may have serious public health repercussions, in accordance with the 2005 International Health Regulations, is not required in cases where, in accordance with the RLOEx (Regulations for the Legal Regime of Foreigners), the applicant applies for a residence permit while already in Spain.
8. In the case of remarriage, proof of the dissolution of the previous marriage(s). The form of accreditation could be judicial or notarial, depending on the legislation of each country.

Procedure

• Who is entitled to submit the application:
  • A Spanish national, personally or through a representative, when they are in Spain and the foreign national is in their country of origin or provenance, and both intend to establish their effective residence in Spain.
  • A foreign national, when both the Spanish national and the foreign national are outside Spain and intend to move or establish their actual residence in Spain.
  • Exceptionally, when both the foreign national and the Spanish national are in Spain, the family members listed in sections a), b), c), f), g), and h) in the “Scope of Application” section above, and, until they reach the age of eighteen, the family members listed in section d), may apply for this temporary residence permit in Spain, either of them.
• Place of submission:
• • If the application is submitted by the Spanish national (section a): at the Immigration Office of the province in which they reside.
  • If authorization is granted, the family member must submit the corresponding visa application within one month of notification of the approval to the competent Spanish Consular Office.
  • If the application is submitted by the foreign national (section b): to the competent Spanish Consular Office.
  • If the application is submitted by the family member of Spanish nationality or the foreign national (section c): to the Immigration Office of the province where they reside or intend to reside.
  • Electronically, through the electronic portal of the Ministry of Territorial Policy and Democratic Memory (Mercurio).

• Application processing time: two months from the date of application submission or from receipt of notification from the Consular Office. If no response is received within this period, the application will be considered rejected by administrative silence. If the foreign national is in Spain, the residence permit will be valid for five years from the date of issuance or, if applicable, for the period of residence in Spain planned for the Spanish national family member if shorter. If the foreign national is outside of Spain, the permit will be valid from the date of their entry into Spanish territory.

• Submitting the application will grant, during its processing and until its resolution, the right to remain provisionally in Spain and, in the case of those referred to in points a), b), c), and d) of the “Scope of Application” section, will authorize them to carry out work or professional activities, either as an employee or self-employed, respectively. The maintenance of the provisional permit and, where applicable, the authorization to work, will be conditional upon the subsequent granting of the definitive permit.

• During the validity of this authorization, foreign nationals will have the right to reside and work without needing to complete any additional administrative procedures, provided they meet the requirements and are above the minimum working age. This authorization allows them to work as employees or self-employed individuals anywhere in Spain, in any occupation or sector of activity.

• Family members who have obtained a residence authorization, after proving their status as dependent foreign nationals, may maintain or retain it, even if they work in Spain as employees or self-employed individuals during its validity, without prejudice to their right to apply for an independent residence authorization. They may also exercise their own right to family reunification in accordance with the provisions of Articles 68 and 69 of the Regulations.

Renewal of Residence Permit

If the temporary residence permit for family members of Spanish nationals  duration is less than the maximum of five years, it may be renewed, provided the necessary conditions are maintained, for five years or for the period of residence in Spain planned for the family member of Spanish nationality if shorter, as long as the application is submitted within two months prior to the expiration date or within three months after it. Submitting the application within the renewal period extends the validity of the previous permit until the procedure is resolved.

The application must be submitted by the foreign national at the Immigration Office in the province where they currently reside or intend to reside.

A complete copy of the foreign national’s valid passport, travel document, or registration certificate must be submitted, along with the official application form (EX-24), duly completed and signed by the applicant.