General information
The following family members of Spanish citizens are entitled to apply for a preferential free-of-charge residence permit and visa, provided that they are relocating to Spain with the Spanish citizens:
The spouse (over 18 years of age), provided that there has been no annulment or divorce.
- The partner (over 18 years of age) registered in a Member State of the European Union or EEA or Switzerland, provided that such registered partnership has not been legally terminated.
- The unregistered partner (over 18 years of age), provided that stable cohabitation for a minimum period of 12 months can be duly attested. When there are children in common, it will be sufficient to ascertain stable cohabitation.
Direct descendants of the Spanish citizen or of their spouse or registered and unregistered partner (provided that there has been no annulment or divorce or legal termination of the registration) who are under the age of 26 and above that age if they are dependent or disabled. In all the preceding cases, provided that they live together or intend to live together with them and are not married or have established their own family unit.
- Direct relatives in the first ascending line of the Spanish citizen or of their spouse or registered or unregistered partner (provided that there has been no annulment or divorce or legal termination of their registration) provided that they accredit that they live at their expense and lack family support in their country of origin, or when humanitarian reasons exist.
- The father, mother or legal guardian of a Spanish minor, provided that the minor lives at his/her expense.
- A family member, up to the second degree, who provides or will provide the care needed by a Spanish citizen who has been recognized as having some degree of dependency.
- Those whose father or mother was a Spanish citizen.
- Family members other than the above who, in their country of origin,live at the expense of the Spanish citizen.
This provision applies to relatives who are not citizens of the European Union, the European Economic Area (EEA) or Switzerland.
Family members of Spanish citizens, once in Spain, will have to apply for a residence card as Spanish citizen family member at the Foreigners Office of their place of residence.
Under this category, there are two options:
- When the Spanish citizen lives in Spain.
- When the Spanish citizen lives abroad and is relocating to Spain with his/her relative/s.
Required documents (option 1)
1. Application form
. Each applicant must complete and sign a visa application form, filling in each of its sections. If the applicant is a minor, one of their parents or guardians or a duly accredited representative must sign the application.
2. Photograph. A recent, passport-size, colour photograph, taken against a light background, facing forward, without dark or reflective glasses, or any garments concealing the oval of the face.
3. Valid, unexpired passport. The passport must have a minimum validity period of 1 year and contain two blank pages. Passports issued more than 10 years ago will not be accepted.
4. Photocopy of the page or pages of the passport that contain biometric data. The passport must be valid at least for the duration of the planned stay and contain 2 blank pages. Passports issued more than 10 years ago will not be accepted.
5. Initial family reunification permit. Original and a copy of the initial family reunification permit issued by the Delegation or Sub-delegation of the Government in Spain, at the applicant's request.
6. Photocopy of the passport or DNI of the Spanish citizen.
7. Documents proving family relationship with the Spanish citizen: Civil registry certificates (birth or marriage, accordingly); certificate of registration as an unmarried couple or any other document proving that the partnership is analogous to a marital relationship; financial documents to accredit dependency; etc. Certificates are valid for a period of 3 months. Foreign documents must be, where applicable legalized or apostilled. Click here
for more information about the legalization process.
8. Criminal record check certificate. Applicants of legal age must submit both the original and a copy of the criminal record check certificate(s) issued by their country or countries of residence for the past 5 years. The document is valid for a period of 6 months. Foreign documents must be legalized or apostilled and, where applicable, must be submitted together with an official translation into Spanish. Click here
for more information.
9. Medical certificate. Original and a copy of a medical certificate accrediting that the applicant does not suffer from any disease that could cause serious repercussions for public health pursuant to the 2005 International Health Regulations. The medical certificate must be issued by a legal medical practitioner. The document is valid for a period of 6 months. It must be legalized or apostilled and, where applicable, must be submitted together with an official translation into Spanish. Click here
for more information.
10. Proof of residence in the consular district. For instance, recent (no older than 6 months) utility bills that clearly display the applicant's full name and current address; copy of lease or of house deed; etc. Please, be aware that this is not an exhaustive list.
11. Proof of the representative's identity and capacity. If the applicant is a minor, a copy of the identity document or passport of the parent, guardian or representative and of the document constituting proof of kinship or guardianship or power of attorney or the document accrediting representation must be submitted. Original documents must be shown when submitting the application. Foreign documents must be legalized or apostilled and, where applicable, must be submitted together with an official translation into Spanish.
12. Payment of the visa fee. This kind of visa is free of charge, but if it is voluntarily applied for at a BLS Visa Application Centre, a charge shall apply for services rendered.
When necessary to assess the application, the Consular Office may request additional documents or data and may also ask the applicant to come in for a personal interview.
Required documents (option 2)
1. Application form
. Each applicant must complete and sign a visa application form, filling in each of its sections. If the applicant is a minor, one of their parents or guardians or a duly accredited representative must sign the application.
2. EX-24 form. Click here
to download. Each applicant must complete and sign a EX-24 form, filling in each of its sections. If the applicant is a minor, one of their parents must sign the application.
3. Photograph. A recent, passport-size, colour photograph, taken against a light background, facing forward, without dark or reflective glasses, or any garments concealing the oval of the face.
4. Valid, unexpired passport. The passport must have a minimum validity period of 1 year and contain two blank pages. Passports issued more than 10 years ago will not be accepted.
5. Photocopy of the page or pages of the passport that contain biometric data. The passport must be valid at least for the duration of the planned stay and contain 2 blank pages. Passports issued more than 10 years ago will not be accepted.
6. Photocopy of the passport or DNI of the Spanish citizen.
7. Documents proving family relationship with the Spanish citizen: Civil registry certificates (birth or marriage, accordingly); certificate of registration as an unmarried couple or any other document proving that the partnership is analogous to a marital relationship; financial documents to accredit dependency; etc. Certificates are valid for a period of 3 months. Foreign documents must be, where applicable legalized or apostilled. Click here
for more information about the legalization process.
8. Criminal record check certificate. Applicants of legal age must submit both the original and a copy of the criminal record check certificate(s) issued by their country or countries of residence for the past 5 years. The document is valid for a period of 6 months. Foreign documents must be legalized or apostilled and, where applicable, must be submitted together with an official translation into Spanish. Click here
for more information.
9. Medical certificate. Original and a copy of a medical certificate accrediting that the applicant does not suffer from any disease that could cause serious repercussions for public health pursuant to the 2005 International Health Regulations. The medical certificate must be issued by a legal medical practitioner. The document is valid for a period of 6 months. It must be legalized or apostilled and, where applicable, must be submitted together with an official translation into Spanish. Click here
for more information.
10. Proof of residence in the consular district. For instance, recent (no older than 6 months) utility bills that clearly display the applicant's full name and current address; copy of lease or of house deed; etc. Please, be aware that this is not an exhaustive list.
11. Proof of the representative's identity and capacity. If the applicant is a minor, a copy of the identity document or passport of the parent, guardian or representative and of the document constituting proof of kinship or guardianship or power of attorney or the document accrediting representation must be submitted. Original documents must be shown when submitting the application. Foreign documents must be legalized or apostilled and, where applicable, must be submitted together with an official translation into Spanish.
12. Payment of the visa fee. This kind of visa is free of charge, but if it is voluntarily applied for at a BLS Visa Application Centre, a charge shall apply for services rendered.
Procedure
- Who can apply for a visa: Applications must be submitted in person. If the applicant is a minor, the application must be submitted by their legal representatives.
- Place of submission. This is to inform all applicants to carefully read below possibilities of submitting their visa application under this category:
- Applicants can submit their visa application directly at the Consular Section in New Delhi with prior appointment through emb.nuevadelhi.vis@maec.es.
- Applicants can also submit their visa application at any BLS VAC with prior appoinment through the following link
. However, please make a note that BLS service charge will be applicable. Click here
for more information.
- Rectifying the application: The Consular Office may ask the applicant to submit any missing documents, or to provide additional documents or data that are necessary for a decision to be reached regarding the application. The applicant may also be called in for a personal interview.
Decision period: The legal period for reaching a decision is of 15 calendar days as of the day after the application submission date, but this period may be extended to 45 calendar days if an interview or additional documents are requested. The Consular Office shall process the application on a preferential basis. Visa applications submitted by nationals of certain States require consultation with the central authorities that could affect the duration of the visa procedure.
- Return of passport and other documentation: The Consular Office or Visa Application Centre will inform the applicant regarding the procedure for the return of the passport and any other original documentation.
- Appeals
- In case of refusal of a visa, the applicant can request reconsideration of decision by submitting in person an appeal letter at the Consular Section, as per the following instructions:
- Appeal can be presented within one month from the date of notification of the rejection.
- Appeal letter must be written in Spanish or in Spanish and English and must be duly signed by the applicant. In case of minors, appeal must be signed by the parents/legal guardians.
- Appeal letter must mention a telephone contact and an email address.
- In case of multiple applications, each applicant must present an individual appeal letter.
- Original and one photocopy of the appeal letter must be presented in person in order to be properly registered.
- Appeal letter can be presented on any day, except declared holidays, from Monday-Friday, between 9.00-13:00 hours, without any prior appointment.
- Appeal letter cannot be sent by email or by post.
- Maximum processing period of an appeal is one month. During the processing period, no status queries or requests for expediting the procedures will be entertained.
- Once the appeal has been processed, the applicant will be contacted by email directly by the Consular office.
- An application for judicial review may also be filed with the High Court Justice of Madrid within the 2-month period beginning the day after the date on which the applicant receives notification of the visa refusal or of the dismissal of the reconsideration appeal.
Complaints or suggestions about the service received or about the visa application procedure can be submitted online through this website
. They may also be submitted in writing at this Consular Office.
Data protection
The processing of personal data of visa applicants is done in accordance with the General Data Protection Regulation
.
Persons wishing to exercise their rights of access, rectification and erasure of their personal data in the Visa Information System (VIS) may do so by addressing the Ministry of Foreign Affairs, the European Union and Cooperation:
Ministerio de Asuntos Exteriores, Unión Europea y Cooperación
Inspección General de Servicios
Postal address: Plaza de la Provincia, 1, Madrid, España
Email: dpd@maec.es
The following forms may be used to do so:
Persons whose visa application has been refused because they are banned from entering the Schengen area may exercise their rights of access, rectification and erasure of their personal data in the Schengen Information System (SIS) by addressing the Ministry of the Interior.
To obtain more information on your rights and duties and on how to exercise your rights of access, rectification and erasure of data included in the SIS, please refer to the website of the Spanish Data Protection Agency
.