Residence authorization and visa for family of Spanish Citizens in USA

Visa for family members of Spanish citizens seeking to exercise their right to family reunification. Both the Spanish citizen and their foreign family member are currently outside Spain and wish to relocate and establish residence within the country.

This visa does not apply to nationals of the European Union, the European Economic Area, or Switzerland.

Family Members Eligible for Residency and a Visa as Relatives of Spanish Citizens

a) The spouse, provided they are not legally or de facto separated. Family reunification is not available for more than one spouse or partner.

b) A registered domestic partner, as long as the registration has not been canceled.

c) An unmarried foreign partner over the age of eighteen who is in a proven, stable relationship with a Spanish citizen. This requires a cohabiting relationship equivalent to marriage, either in Spain or abroad, for at least twelve continuous months.

d) Children of the spouse, regis​tered partner, or stable partner.

  • Children can get residency if they live in Spain (or will move there), are under 26, or are older but depend on the Spanish citizen, or have a disability that requires support.
  • They must not be married or legally independent. If they are, they may still apply under special rules (see section i), if the whole family depends on the Spanish citizen.
  • Adopted children are eligible if the adoption is legally valid under Spanish and international law.
  • Children under 18 can get residency if the foreign parent has sole custody or if the other parent agrees in front of a public official or notary.
  • This consent isn’t needed if the children were born in Spain and have lived there since birth.
e) Parents or grandparents of the Spanish citizen, or of their spouse, registered partner, or stable partner (as long as there’s no divorce, legal separation, or cancellation of the partnership), in the following cases:

  • They depend financially on the Spanish citizen and have no family support in their home country.
  • There are valid humanitarian reasons.

f) The father, mother, guardian, or legal custodian of a Spanish minor, if they live with the child, are responsible for them, and meet all legal obligations. The legal relationship must follow Spanish law.

g) A single relative (up to second-degree relation) who is or will be providing care for a Spanish citizen with a recognized need for support, under Article 26 of Law 39/2006 on personal autonomy and dependent care.

h) Children whose father or mother is — or was — a Spanish citizen by birth.

i) Other family members not listed above, who can clearly prove they rely on the Spanish citizen at the time of applying.

Required documents

1. National visa application form​ : Each applicant must complete and sign the visa application form, ensuring all sections are filled out. If the applicant is a minor, the form must be signed by a parent, legal guardian, or duly authorized representative

2. Photograph. A recent, passport-sized color photograph taken against a light background, showing the applicant facing forward, without dark or reflective glasses or any garments that conceal the oval of the face.

3. Valid, unexpired passport. Original passport and a photocopy of the page(s) containing biometric data. The passport must be valid for at least one year, contain at least two blank pages, and must not have been issued more than 10 years ago.

4. Initial family reunification authorization form EX24 

5. Copy of the Spanish citizen Passport or DNI.

6. Documents proving the family relationship with the Spanish citizen.

A) Spouses:
Marriage certificate issued by the competent civil registry.
In the case of a second or subsequent marriage, proof of divorce from the previous spouse.
A sworn declaration from the Spanish national confirming that no other spouse or partner resides with them in Spain.
Original and photocopy required.

B) Unmarried Couples:
Certificate of registration as an unmarried couple.
If not registered: documents demonstrating that the relationship began before the applicant established residence in Spain, and, if applicable, the birth certificate of any children the couple has in common.
A sworn declaration from the Spanish national confirming that no other spouse or partner resides with them in Spain.
Original and photocopy required.

C) Children:
Birth certificate issued by the competent civil registry.
If the child is from a previous relationship of one of the partners: proof of sole parental authority or a custody ruling, along with evidence that the child is in the applicant’s care.
Original and photocopy required.

D) Parents:
Birth certificate of the applicant or of the applicant’s spouse or partner, issued by the competent civil registry.
Documentation proving the relationship, dependency, cohabitation, and, if applicable, serious illness or disability.
Original and photocopy required.

Note:
All foreign documents must be legalized or apostilled. If applicable, they must be accompanied by an official translation into Spanish.

7. Criminal Record Certificate: Applicants of legal age must submit the original and a copy of a criminal record certificate issued by the competent authorities of their country or countries of residence for the past five years.

The certificate must:

  • Be no more than six months old.
  • Be legalized or apostilled, as applicable.
  • Be accompanied by an official Spanish translation, where required.
Important (United States):
Only FBI-issued criminal record certificates will be accepted. Certificates issued by local or state police departments will not be accepted.

8. Medical Certificate. Applicants must submit the original and a copy of a medical certificate confirming that they do not suffer from any disease that could pose a serious risk to public health, in accordance with the 2005 International Health Regulations.

Requirements:

  • The certificate must be issued by a registered medical practitioner.
  • It must be no older than 3 months at the time of submission.
  • It must be legalized or bear the Hague Apostille, where applicable.
  • If not issued in Spanish, the certificate must be accompanied by a sworn translation into Spanish.
Accepted Wording:
If issued in the United States:
“This health certificate states that Mr./Mrs. (…) does not suffer from any of the diseases that may have serious public health repercussions in accordance with what is stipulated by the International Health Regulations of 2005.”
If issued in Spain:
“Este certificado médico acredita que el Sr./Sra. (…) no padece ninguna de las enfermedades que pueden tener r

Important Notes:
The certificate must be issued in either the United States or Spain.
Certificates issued in other countries will not be accepted.
This Consulate does not provide information about medical centers that issue these certificates. Applicants may contact any duly accredited public or private medical center in the United States or Spain.
Certificates issued in Spain do not require legalization.

9. Proof of residence in the consular district. ​Copy of ID/Driver's License (interim ones are not valid). For non-US applicants only: proof of immigration status in the US: must provide a copy of Alien Registration Card (Green Card) or US Visa (except B-1/B-2).

10. Proof of the representative's identity and capacity. If the applicant is a minor, the following must be submitted:

  • A copy of the identity document or passport of the parent, legal guardian, or authorized representative.
  • A document proving kinship, guardianship, or legal representation (e.g. power of attorney).
Important:
Original documents must be presented at the time of submitting the application.
Foreign documents must be legalized or apostilled, and if applicable, accompanied by an official translation into Spanish.

11. Payment of the visa fee. No visa fee
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.

Procedure
This Consular Office is authorized to accept visa applications only from individuals who reside within its consular district·
Who can apply for a visa: The visa application must be submitted in person by the applicant. In the case of minors, the application may be submitted by a parent, legal guardian, or a duly authorized representative.

· Place of submission: Applications must be submitted in person at the Consular Office. An appointment is required and can be scheduled by sending an email to: cog.nuevayork.visnac@maec.es
When requesting an appointment by email, please provide the following information for each applicant:

  • Full name Email address and phone number
  • Passport number and nationality
  • Type of visa requested
  • Scanned copy of a valid ID or Driver’s License (not interim) in PDF format
  • Scanned copy of the passport identity page in PDF format
  • (If you are not a U.S. citizen, please also attach a copy of your U.S. residence visa or Green Card)
· Proof of receipt: The Consular Office will provide the applicant with proof of receipt of the application with a code that enables them to check the status of the dossier through the following link

· 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 regarding the application, or required for a personal interview.

· Decision period: The legal period for reaching a decision is of 2 months and 15 days as of the day after the application submission date, but this period may be extended if an interview or additional documents are requested.

· Collecting the visa: T he visa must be collected in person by the applicant or by their representative (if the applicant is a minor) within a maximum period of 1 month, counted as of the day after the date on which the favourable decision is notified. The Consular Office will inform the applicant regarding the procedure for the return of the passport and any other original documentation.

· Visa refusal: Visa refusals will always be notified in writing, setting forth the grounds on which the decision adopted was based.

· Appeals: If a visa is refused, the applicant may submit an appeal for reconsideration to this Consular Office within 1 month of the day following the date on which notification of the refusal is received. An application for judicial review may also be filed with the High Court of Justice of Madrid within the 2-month period beginning the day after the date on which the applicant receives notification of the refusal of the visa or residence permit or of the dismissal of the reconsideration appeal.

· Validity period of the visa: The visa will be valid for 1 year. Once in Spain, the holder must apply for a Foreigner Identification Card within 1 month from the applicant's entry into Spain, at the Foreign Nationals' Office or the Police Station of the province in which the residence permit was processed.


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