Family reunification visa Spain
Information about Family reunification visa Spain
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- 🏆 What is a spain family reunification application?
- 🏆 Is there a governing regulation for Spain family reunification ?
- 🏆 What is Spain family reunification application under the Community Regime?
- 🏆 What are the requirements for a family visa spain application?
- 🏆 How long is the Spain family reunion visa processing time?
- 🏆 What are the legal steps involved in family visa Spain acquisition?
- 🏆 · Initiation of the visa application in Spain
- 🏆 · Visa application at the Spanish Consulate abroad
- 🏆 · Gaining entry into Spain
Do you desire to invite your family over to Spain to live with you legally? Are you aware of the immigration procedure involved?
Your surest gateway to immigrate your loved ones to Spain is through the family reunification process. Through this procedure, it is very much possible to bring your relatives to Spain and even acquire them not only residence permits but also work permits. It is fairly easy too!
In this outline we show you how to do that in a simplified step by step guide. Keep reading to learn more about the Spain family reunification visa. There are other processes such as the golden visa Spain or the non lucrative visa.
We can guarantee that after reading this, family reunification visa Spain application shouldn’t have to trouble you anymore!
What is a spain family reunification application?
This refers to the legal immigration process adopted by foreigners residing within Spain to bring their loved ones into the country.
Through this procedure, the foreign Spanish resident is allowed to grant their loved ones a work permit as well as a legal residence.
Who qualifies to reunite their family members?
This privilege is however only open to those Spain foreigners that have fully renewed their temporal residence permit. That requires the foreigners to have been residing in Spain for not less than a year. Why?
Because temporal residence permit renewal signifies they can live in the country for an additional year or two.
In the case of reuniting ascendants (parents and parents-in-law), the foreign Spain resident must be a long-term resident of Spain, or having lived in Spain for at least five years.
Is there a governing regulation for Spain family reunification ?
This whole exercise is governed in two fashions.
For foreign Spain residents, the underlying regulation is the Immigration Law 4/2000 and the Royal Decree 557/2011.
On the other hand, for applicants in EU countries, the governing regulation is the Royal Decree 240/2017.
These regulations allow the foreign Spanish residents to afford their loved ones a legal status in Spain. That means, as they live and work in Spain, they are totally free from the trouble of seeking additional legal permits.
Who can you bring to Spain?
In case you are wondering whether the family reunification privilege is open to your entire family, the answer is no. There are limited family members you are allowed to regroup or reunify once you obtain the eligibility approval.
As a Spanish foreign resident, you are only allowed to apply for a Spain family reunification visa for only one spouse (legally married) or common-law partner, your ascendants (parents and parents-in-law), your dependents-under 18 years (your children or your partner’s children).
The process of regrouping or reunifying all the aforementioned family members is usually the same. However, the difference only arises in the individual documents and specific requirements for family reunification visa requested when initiating the regrouping.
Let us now delve deeper into each regrouping category to understand all the legal requirements for family reunification in Spain.
How do you regroup your spouse or civil partner?
As a Spanish foreign resident, you are allowed to regroup or reunify your husband or wife as well as your civil partner or concubine (‘pareja de hecho’). This is as provided for in the Immigration Law, Article 53.b. The civil spouse provision also caters for both different sex and same sex partners.
The documentation proof required to prove the legitimacy of the union so professed is either a valid marriage certificate or a civil partnership registration certificate as registered in the Civil Registry.
Note that any existent marriage to a third party (illegal or fraudulent marriage) may only complicate the reunification process.
Additionally, proving that the marriage professed or declared is not a convenient one is mandatory in aiding the entire process. To demonstrate that truth, you can use either a rental agreement comprising both partners or a joint registration certificate.
How do you regroup your parents and parents-in-law?
Regrouping your father or mother may be quite daunting. That’s because there is an extra layer of proof needed.
Firstly, it is a requirement that your father or mother be beyond 65 years of age. You must then demonstrate that you are in charge of them (custodian or guardian) or they directly depend on you as a caregiver.
Furthermore, you must prove their economic dependence on you directly. The required evidence here is money transfers wired to your parents or direct handling of their important expenses and bills.
Lastly, you as the regrouper or reunifier must also satisfy certain additional requirements. You must be in possession of a long-term residence card that proves you have been residing in Spain for a period not less than five years. The documentation proof mandatory in this step is your birth certificate, which shows your connection or kinship bond to the parents slated for regrouping.
In the case of reunifying your parents-in-law, the requirements are similar except you will need to present additional proof in form of a marriage certificate with your partner as well as your spouse’s birth certificate.
How do you regroup your children?
To reunify your children successfully, they need not be more than 18 years of age. The main document of proof here is the children’s birth certificate.
Proof of economic dependence on you as the parent or guardian is also crucial. It is demonstrated by the evidence of money transfers to the children in the last couple of years, as well as the evidence of catering for all their major expenses and bills.
In the special case of regrouping your family under the Community Regime, reunification of children exceeding 18 years is allowed. But only up to 21 years of age!
Reunifying children between the ages of 18 and 21 years will demand proof of their current schooling or education status through a university or college certificate and proof of their economic dependence on you as a parent. If they are already working, it may not be possible to reunify them.
The only exception made for exceeding the 21-year age limit is when it is fully ascertained and demonstrated that the child reunified suffers from a certain disability that places them directly under the parent’s care for constant monitoring and treatment.
Finally, note that the children reunification provision also covers your spouse’s children.
How do you regroup your brothers and sisters (extended family)?
Reunification of the extended family takes a rather different route from the normal reunification. This type of regrouping can only be accomplished through the Community Regime by extended family reunification process.
That means, the only applicants who qualify for the reunification are those foreigners bearing a Spanish nationality or a nationality from any other country within the European Union.
With this legal procedure, you can expand the family base targeted for reunification. That means, you get the privilege of regrouping your brothers and sisters, grandchildren, grandparents, nephews, uncles, as well as your partner (in case the relationship is not yet registered).
What is Spain family reunification application under the Community Regime?
This reunification procedure only affects reunification applicants who are already Spanish citizens or Spanish nationals. In other words, a European reunification applicant. That’s why it is also called the European Regime reunification.
It is different from the extended family Community Regime reunification in that it limits the regrouping to only spouses, parents, children, and in-laws. The reunification conditions under this regime are a bit relaxed and more likely to favor the European applicant.
One of the benefits realized is the fact that as opposed to just getting the usual residence and work permits, your loved ones are also granted a community card. Moreover, in the case of your children or your spouse’s children reunification under this regime, the required age is extended to 21 years as opposed to the usual 18 year-limit.
Bearing a Spanish nationality status gives birth to additional privileges. Imagine inviting all your immediate and extended family to live with you in Spain and being able to provide for them economically. Wouldn’t that be amazing?
Want some legal advice? If you have already met the threshold of the number of years required to reside within Spain on a residence permit, proceed to upgrade that to a Spanish citizenship by applying today! It is a decision you will never regret! We can guarantee you that much!
What are the requirements for a family visa spain application?
The major legal requirements for family reunification in Spain include:
· Citizenship of the applicant
The Spain family reunification visa appointment is a preserve of citizens foreign to Europe. Other citizens from Switzerland, EU, or EAA countries should follow the regulations governing reunification as a family member of a European national.
· Residency duration threshold
A reunification applicant must have lived legally within Spain for not less than a year and renewed their temporal residence permit at least once.
They must also be full-time residents of Spain. That’s because residing outside Spain disqualifies you from applying for the family reunion visa.
· Adequate economic means
When we talk about economic means, the first thing that comes to your mind is money. And you are absolutely right!
Here, the applicant must fully satisfy the requirement that they can adequately support the regrouped relatives economically. That includes demonstrating the availability of adequate funds or economic means to sustain their loved ones once they get to Spain. The other layer of proof needed is for the reunified relative to demonstrate they lack adequate means to live without the financial help of the family reunification applicant.
The reunification applicant is also required to demonstrate the sustainability of their income source. That means, they should continue drawing the stated income even a year after conclusion of the application process. Applicants possessing a work permit and are formally employed must avail their employment contract along with their six most recent pay slips to the immigration office.
For self-employed applicants, presenting the latest income tax return statement is mandatory. To cover the first family member reunification, 150% of the IPREM is also mandatory. For every extra family member you bring to Spain, an additional 50% of that amount is required. Lastly, the applicant must present an employment history report issued by the Social Security.
On the other hand, the burden of proof on the reunified loved one regarding their economic dependence on their foreign Spanish relative may be required. The evidence may be in form of bank statements detailing money transfers from the applicant beyond just financing their daily expenditures.
They may need to prove that their Spain-residing relative caters for some of their major expenses. For example, a school going child seeking to be reunited with their father in Spain may have to prove how the father pays for their tuition fee.
· Acceptable housing conditions
The reunification applicant must show that their house is conducive enough for quality living for both them and the regrouped relatives. An adequate housing report issued by the applicant’s city or village town hall may suffice as proof.
· Relationship or kinship evidence
Another basic requirement for a family reunification visa Spain acquisition is demonstrating the existing bond between the applicant and the reunified relative.
For reunification of parents and children, the proof is in the birth certificate. To regroup a spouse, the proof is in the marriage certificate. Additionally, you may be required to provide a sworn statement testifying that you don’t currently reside with another spouse or partner in Spain.
· Personal health insurance
This requirement only affects applicants who don’t work. It refers to a private medical insurance with full coverage within Spanish jurisdiction. The cover shouldn’t be deficient in any way or show co-payments for the regrouped loved one.
· Other general requirements
These also accompany all the above specific requirements. They may include a criminal records clearance certificate, passport of the regrouped individual, passport and residence card of the applicant.
How long is the Spain family reunion visa processing time?
The entire Spain family reunion visa processing time may take somewhere between four to six months. That’s because many factors come into play in this whole process. For example, document gathering and preparation, the time it takes to secure an appointment with the immigration department as well as the duration the consulate takes to respond.
What are the legal steps involved in family visa Spain acquisition?
Appointment Spain family reunification visa takes a few critical steps as follows:
· Initiation of the visa application in Spain
The Spanish resident seeking to invite their loved ones to Spain has to initiate the process. Armed with a work permit and formal residence permit, they should approach the immigration office in Spain to seek an appointment.
As a formal requirement, the documents outlined in the sections above will have to be presented to immigration department for verification once the appointment is approved. On top of these documents, the Spanish relative will also have to duly fill an EX-02 model before submitting it along with the documents.
Remember, it may not be necessary to certify the documents in this phase or otherwise presenting original documents.
The Spanish relative will then receive a response within 60 days of application. Should the response fail to come within this time, the visa application will be considered denied owing to administrative silence.
However, should the response come back as positive or accepted, the relative intending to come to Spain must initiate the visa application at the Spanish consulate in their country of origin within two months of acceptance.
· Visa application at the Spanish Consulate abroad
With the confirmation of family visa acceptance, the relative living outside Spain must begin the process of requesting a Spanish visa. This they do by soliciting the request from the Spanish consulate in their home country or country of residence.
In this phase unlike the previous one, all the required and presented documents must be fully certified to be verified.
Once in receipt of the formal request and all legal requirements satisfied, the Spanish consulate will respond within 60 days. As soon as the response comes, the applicant abroad has a further 60-day window to collect the visa.
Should the applicant abroad be a minor (below 18 years), their legal representative is to collect the visa on their behalf.
Note that as the visa processing is still underway, the relative abroad may be requested to appear at the consulate in person. More so, they may be required to attend an interview at the Spanish consulate.
If it is discovered that they are already in Spain illegally, the visa application will be terminated.
· Gaining entry into Spain
With the Spanish visa in hand, the relative abroad is allowed a 90-day window to travel to Spain. Having set foot in Spain, they are further allowed a one-month period to formally apply for a residency card or TIE.
All that’s done in the Police Office. All this new Spain entrant has to do is fill and submit an application form, pay a small processing fee, have their finger prints taken, before finally receiving the residency card.
What are the visa application requirements at the Spanish Consulate?
Once the Spanish foreigner has completed the family reunification visa Spain application process, the relative abroad also has to complete theirs at the Spanish consulate.
The legal requirements for this entire process include the national visa application form, passport, criminal records clearance certificate, medical certificate exempting them from any critical illness as stipulated in the regulations, and lastly, documented evidence detailing the kinship bond with the Spanish foreign resident.
What are the residency card application requirements?
Once within Spain borders, the visa alone may not be sufficient. The new Spain entrant must seek to obtain a valid TIE (Foreigner’s Identification Card) or residency card.
To do that, they must present to the Police Office a few colored card pictures, proof of payment of the processing fee, as well as a duly filled EX-17 model.
What happens when the new residency card expires?
By obtaining a residency permit, the regrouped relative has essentially obtained the legal right to live and work in Spain for a period not exceeding one year. Should the relative desire to remain in Spain after this expiry period lapses, they can opt to renew the residency permit but not necessarily the visa.
To do this, the reunified relative will visit the local foreigner’s office within the Spain jurisdiction.
The submission period for the renewal request is 60 calendar days before the permit’s expiry. However, there is still a 90-day window to submit the application after expiry lapses, although at a minimal fine.
The requirements for this renewal are simply confirming the validity of all the initial legal requirements requested at the time of first application. Once this submission is made at the appropriate immigration office, the administration may take up to three months to respond.
Should the express response not come after the three months expire, the outcome should be perceived as approved through positive administrative silence. Just by virtue of submitting the renewal request, the validity of the previous permit is extended until the renewal process is concluded.
What are the effects of the residency permits granted for reunification?
When a foreign Spanish resident making an application for a family reunification visa is in possession of a temporal residency permit, it is only valid until the date stipulated on it. That means, applying for a family reunification visa does not affect the status of the applicant’s temporal residence permit.
In case of a foreign Spanish resident submitting an application for family reunification bearing a long-term residency permit or an EU long-term residency permit, it is only valid until the date their Foreigner’s Identification Card qualifies as valid.
In the case of a spouse or children (when they reach legal employment age), the temporary residence permit granted during their reunification covers them to work without requiring fulfillment of additional administrative obligations.
Are reunited relatives allowed to exercise the right to reunification?
The answer is yes. All they need to do is have a separate work and residence permit from that of the foreign Spain national that brought them to Spain.
The other condition is that they must meet the bare minimum requirements to place a family reunification visa Spain application as outlined in the above sections.
Need someone to hold your hand through this journey?
That someone should be an immigration lawyer specializing in family reunification visa Spain applications.
Inviting your family to Spain doesn’t have to be tedious with a nice immigration lawyer by your side. We have given you a hint as to the documentation requirements you need. Now, all you have to do is initiate the process.
To do that, the legal aspect has to take its course. You need a reliable captain to steer your immigration vessel in the right direction, and faster. Our legal team is more than equipped to assist you take that leap into Spain. We simplify every complex legal procedure and make your transition to Spain as effortless as possible.
If you are ready to initiate the family reunification visa Spain application, work closely with us to make it seamless all through. We will efficiently execute all the legal responsibility involved on your behalf in every step of the journey.
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