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Last update 10-12-2020

Registering non-EU family members

Residence for non-EU family members. Application

Family members of a citizen of a Member State of the European Union, of another State party to the Agreement on the European Economic Area or of Switzerland who are covered by Royal Decree 240/2007, are not nationals of one of the aforementioned States, and are accompanying or joining that citizen, may reside in Spain for a period exceeding three months and are subject to the requirement to apply for and obtain a residence card of a family member of a citizen of the European Union.

The EU citizen’s death is not to entail loss of the right of residence of his/her family members who are not nationals of a Member State and who have been residing in the host Member State as family members for at least one year before the EU citizen’s death.

Before acquiring the right of permanent residence, the right of residence of the persons concerned is to remain subject to the requirement that they are able to show that they are workers or self-employed persons, that they are studying and/or that they have sufficient resources for themselves and their family members not to become a burden on Spain’s social assistance system during their period of residence and have comprehensive health insurance cover in Spain, or that they are members of the family, already constituted in Spain, of a person satisfying these requirements.

Divorce, annulment of marriage or termination of the registered partnership is not to entail loss of the right of residence of an EU citizen’s family members who are not nationals of a Member State where:

  1. prior to initiation of the divorce or annulment proceedings or termination of the registered partnership, the marriage or registered partnership has lasted at least three years, including one year in the host Member State; or
  2. by agreement between the spouses or the registered partners or by court order, the spouse or partner who is not a national of a Member State has custody of the EU citizen’s children; or
  3. this is warranted by particularly difficult circumstances, such as having been a victim of domestic violence while the marriage or registered partnership was subsisting; or where
  4. by agreement between the spouses or registered partners or by court order, the spouse or partner who is not a national of a Member State has the right of access to a minor child, provided that the court has ruled that such access must be in the host Member State, and for as long as is required.

Before acquiring the right of permanent residence, the right of residence of the persons concerned is to remain subject to the requirement that they are able to show that they are workers or self-employed persons, that they are studying and/or that they have sufficient resources for themselves and their family members not to become a burden on Spain’s social assistance system during their period of residence and have comprehensive health insurance cover in Spain, or that they are members of the family, already constituted in Spain, of a person satisfying these requirements.

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Deadline

Family members must apply for a residence card of a family member of a citizen of the European Union in person, within three months of their date of entry into Spain, at the Non-nationals Office) in the province where they intend to stay or establish their residence or, failing that, at the relevant local police station.

In all cases, the applicant will immediately be given a certificate of application for the residence card, which is sufficient to prove the legality of his/her stay until the residence card is issued.

The residence card of a family member of a citizen of the European Union must be issued within three months of the application being submitted.

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Documentation

In addition to the application form, duly completed and signed by the family member of the EU citizen, the family member must submit in person the original and a copy of each of the following documents:

  • A full, valid passport or identity document. If it has expired, a copy of the expired document and of the renewal application.
  • Documentary evidence of the family relationship with the EU citizen.
  • In the case of an unregistered partner, documentary evidence that he/she is a stable partner and in a long-term relationship with the EU citizen, along with proof of the period of conjugal cohabitation or, where appropriate, the birth certificate(s) of the child(ren) they have had together.
  • In the case of a child of an EU citizen, or the child of his/her spouse or registered partner, who is over 21, documentary evidence of the child’s status as a dependent family member.
  • In the case of a minor child who is not residing in Spain, documentary evidence of his/her status as a family member who is dependent on the EU citizen.
  • In the case of a relative in the ascending line, documentary evidence of his/her status as a dependent family member.
  • DNI (national identity card) of the Spanish citizen or registration certificate of the EU citizen who the family member is accompanying or joining.
  • In the case of other family members, referred to in Article 2a(1)(a) of Royal Decree 240/2007, documentary evidence of the degree of family relationship and, where appropriate, the existence of serious health or incapacity grounds, or of cohabitation.
  • Three photographs.
  • Payment of a fee in the legally established amount.

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Authority responsible for the information

Ministry of Inclusion, Social Security and Migration
State Secretariat for Migration
Directorate-General for Migration