Residence Visa for Family Members of Spanish Nationals
Visa for family members of Spanish nationals who wish to move to Spain for residence purposes, that is, to stay for a period longer than 90 days.
Family members who may apply for this visa:
- The spouse over eighteen years of age, provided that there has been no declaration or agreement of nullity of the marriage or divorce, and it has not been celebrated in fraud of law. In no case may more than one spouse access this authorization, regardless of whether the personal law of the foreign person allows this form of marriage. As for the Spanish national resident who is married in a second or subsequent marriage, only the new spouse and their relatives mentioned in this article may access this authorization if they prove that the dissolution of their previous marriages has taken place after a procedure that establishes the situation of the previous spouse and their relatives concerning the common home, any potential pensions for the spouse and to dependent children, whether minors or adults.
- The unmarried foreign partner over eighteen years old who maintains with the person of Spanish nationality a relationship of affection analogous to marriage 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 such registration has not been canceled and does not constitute a fraud of law, which must be sufficiently evidenced.
- The unmarried foreign partner over eighteen years old who maintains with the person of Spanish nationality a stable relationship that is duly proven. In any case, a duly proven stable couple is understood as one that sufficiently evidences a cohabitation relationship analogous to marriage, whether in Spain or outside of it, of at least twelve continuous months. The prior cohabitation period will not be required if the couple has common descendants, as long as the bond is maintained.
- Their children or those of their spouse, registered partner, or stable partner, as long as they also reside or will reside in Spain, who are under twenty-six years old, or over that age and are financially dependent on them, or who have a disability requiring support to exercise their legal capacity. In all the above cases, as long as they live or intend to live with them and are not married or have established their own family unit.
Direct ascending relatives of the first degree in direct line and those of their spouse, or registered partner, or stable partner, as long as there has been no agreement or declaration of annulment of the marriage bond, or divorce, or the registration of the couple has been canceled in the following cases: 1. when they can prove that they live at their expense and lack family support in their home country, 2. when humanitarian reasons concur.
The father, mother, guardian or tutor 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 toward them. This relationship must have been established according to Spanish law.
A single relative, up to the second degree, who provides or will provide the necessary care for a person with Spanish nationality recognized with any of the degrees of dependency set forth in Article 26 of Law 39/2006, of December 14, on the Promotion of Personal Autonomy and Care for Dependents.
The children whose father or mother are or have been originally Spanish.
Other family members not included in the previous sections, who can prove, conclusively, at the time of the application, that they are dependent on the applicant.
Required documents
All foreign documents must be presented legalized or apostilled, and if they are in a language other than Spanish, accompanied by the corresponding translation.
1. National visa application form: National Visa Application form each applicant must complete all sections and sign a visa application. If the applicant is a minor, one of their legal representatives will sign the application.
2. Photograph: a recent, color passport-sized photograph, with a light background, taken from the front, without dark glasses, reflections, or clothing that obscures the oval of the face.
3. Valid and current passport: original and a photocopy of the page or pages with biometric data of the passport. The passport must have a minimum validity of one year and have two blank pages. Passports issued more than 10 years ago are not accepted.
Documents to be submitted by the Spanish national:
4. Complete copy of the passport, and/or of the valid national identity document.
5. In cases of application on behalf of a spouse or partner, a sworn statement stating that no other spouse or partner resides with him/her in Spain.
Documents to be submitted by the foreign family member:
6. If the Spanish national is in Spain and has applied for residence authorization for their family member, the original and a copy of the initial residence authorization of the foreign family member issued by the competent authority.
7. If both the Spanish national and their family member are abroad, a completed and signed residence authorization application form, indicating the address in Spain (form EX24) , and supporting documents proving the existence of the situation that allows for the application of residence authorization:
Spouse: marriage certificate. Furthermore, in the case of a Spanish national residing who is married in a second or subsequent marriage, it must be proven that the dissolution of the previous marriages has taken place following a procedure that establishes the situation of the previous spouse and their relatives concerning the common residence, any alimony to the spouse and to dependent minor or adult children.
A relationship similar to marriage registered in a public registry: certificate of registration in a public registry established for these purposes in a Member State of the European Union or in a State party to the Agreement on the European Economic Area or in Switzerland. Unregistered stable partnership: documents that sufficiently proves a cohabitation relationship similar to marriage, either within or outside Spain, for at least twelve continuous months. The period of prior cohabitation will not be required if the couple has common descendants as long as the link is maintained: in this case, birth certificates of the child/ren must be presented, where the parents are listed, as well as a copy of the identity documents they possess.
Children, or those of their spouse or registered partner or stable partner: birth certificate of the children. If the children are under 18 years old and are from only one of the spouses or members of the couple, a notarized authorization from the other parent must also be presented, allowing the minor's residence in Spain, unless it is conclusively demonstrated that the person of Spanish nationality, their spouse, registered partner or stable partner exercises exclusive parental authority. If the children are over 26 years old, documents proving that they are not married or have established their own family unit must also be presented, and that they are dependent on you or have a disability requiring support for exercising their legal capacity.
Direct ascendants of the first degree: birth certificate of the person of Spanish nationality, of their spouse or registered partner or stable partner (depending on who the ancestor is) and documents proving that the ancestor is dependent on them or for humanitarian reasons.
Father, mother, guardian of a minor of Spanish nationality: birth certificate of the minor with Spanish nationality.
Family member who will care for a dependent Spanish national: documents that demonstrate that the applicant is a second-degree relative by blood or affinity, and a resolution recognizing the dependency status of the Spanish national, issued by the relevant authority.
Children whose father or mother were originally Spanish: birth certificate of the applicant, and of their father or mother of original Spanish nationality.
Other family members who are dependent on the Spanish national: documents proving the family family link with the person of Spanish nationality and that they are financially dependent on them.
8. Criminal record certificate: in the case that the applicant is of legal age, a certificate proving the absence of criminal records in the countries where they have resided in the last five years for offenses under Spanish law.
9. Medical certificate: a medical certificate issued by a doctor or health institution, certifying that the person in question does not suffer from any diseases that could have serious public health implications according to the provisions of the International Health Regulations of 2005.
10. Proof of residence in the consular district: this will be accredited through the original and a copy of a document that proves residence in the jurisdiction of this Consular Office.
11. Visa fee: these visas are free of charge.
Procedure
This Consular Office is competent to accept visa applications from individuals residing in the consular jurisdiction.
- Legitimized party: the visa application must be submitted personally by the interested person. If this person is a minor, submission will be allowed by one of their legal representatives. Submission may also be made by a duly accredited representative, provided there are justified reasons evaluated by the Consular Office.
- Deadline to apply for the visa: if the Spanish national is in Spain and has applied for their family member's residence authorization, the visa must be applied for within one month from the day following the notification date of the favorable resolution of the residence authorization.
- Place of submission: Please request an appointment via email: emb.mascate@maec.es. Public service hours of the consular office: 9:00 to 13:30 from Sunday to Thursday.
- Proof of submission: the Consular Office will provide the applicant with a receipt of the application.
- Rectification of the application: The Consular Office may ask the applicant to present any missing documents, or to provide additional documents or data necessary to resolve the application. It may also summon the applicant for a personal interview.
- Deadline for resolution: the deadline for resolution is 15 days from the day after the date of submission of the visa application, when a favorable resolution of residence authorization is provided, or from the date the Consular Office receives the resolution regarding the residence authorization, when the visa application involves a request for residence authorization.
- Visa collection: the visa must be collected in person by the interested party or by their representative (if they are a minor), without the need for an appointment. Public service hours at the consular office: 9:00 AM to 1:30 PM, Sunday to Thursday.
- Visa denial: if applicable, the denial of the visa will always be notified in writing, stating the reasons on which the adopted decision it is based.
- Appeals: in the event of a visa denial, the applicant can file a reinstatement appeal with this Consular Office within one month from the day following the date they receive the notification of the denial. They may also file an administrative contentious appeal before the High Court of Justice of Madrid within two months from the day following the date they receive the notification of the visa denial or the rejection of the reinstatement appeal.
- Validity of the visa: the visa will be valid for 365 days. Once in Spain, the Foreign Identity Card must be requested within one month from entry into Spain, at the Police Station of the province where the residency permit was processed.
NOTE: ALL FOREIGN DOCUMENTS MUST BE LEGALIZED OR APOSTILLE.