Spain: Authorization for independent residence of family members regrouped.
7 min readAuthorization for independent residence of family members regrouped: It is a residence and work authorization independent of the regrouper that can be obtained by the holders of residence by family reunification.
BASIC REGULATIONS
Directive 2003/86 / EC, of September 22, on the right to family reunification.
Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration (articles 16 to 19).
Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20 (article 59).
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REQUIREMENTS
Not to be a citizen of a State of the European Union, of the European Economic Area or of Switzerland, or relative of citizens of these countries to which the regime of citizen of the Union applies.
Be a temporary residence authorization holder for family reunification.
Having paid the fee for processing the procedure.
Assumptions:
If it is a spouse or regrouped partner, you must prove one of the following assumptions:
In case of separation of right or divorce, or cancellation of registration or end of life as a couple: having lived in Spain with the regrouper for at least two years.
In case of being a victim of gender violence or violent behavior in the family environment: that there is a report from the Prosecutor’s Office or judicial order of protection
Death of the regrouper.
Not having debts with the Tax or Social Security Administration and that is in any of the following cases:
Have financial means to grant a temporary residence permit of a non-profit nature (that is, that can prove 400% of the IPREM), or:
Have one or more minimum-term employment contracts, from the moment of the application, of one year and whose remuneration is not less than the monthly Interprofessional Minimum Salary, full-time, for fourteen payments, or:
Meet the requirements for the granting of a residence and self-employment authorization.
If they are children or represented when they reach the age of majority and are in one of these 2 situations:
Having lived five years in Spain.
Be able to prove that:
They have financial means to grant a temporary residence authorization of a non-profit nature, that is, that can prove 400% of the IPREM, or:
They have one or more minimum-term work contracts, from the moment of the application, of one year and whose remuneration is not less than the monthly Interprofessional Minimum Salary, full-time, for fourteen payments, for the granting of residence authorization and employment, or:
They meet the requirements for the granting of a residence and self-employment authorization.
If they are ascendants when they meet the requirements to modify their authorization and obtain residence and work authorization for others, or for their own account, or for research or as a highly qualified professional.
REQUIRED DOCUMENTATION
Note: in general copies of the documents must be provided and the originals must be displayed at the time the application is submitted
Application form in official model. It may be presented in one of the following official models: (EX – 01), (EX – 03), (EX – 07) or (EX – 11) in duplicate, duly completed and signed by the foreigner. These forms can be obtained at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/index.html
Copy of the complete passport, travel title or valid registration card.
Documentation proving that it meets the required requirements, that is:
Spouse or partner, according to the assumption must provide:
Assumption of termination of the link: documentation proving the separation, divorce, cancellation of registration or end of life as a couple.
Assumption of gender violence or perpetrated in the family environment: report from the Prosecutor’s Office or current protection order.
Assumption of death of the regrouper: death certificate.
Children or represented, who have resided five years: it is not necessary to provide documentation, this end will be checked ex officio by the Office of Foreigners.
Spouse or partner, children or represented who request to have financial means:
For the concession of non-profit residence: documentation proving to have at least 400% of the IPREM.
For the granting of residence and work authorization, a copy of the work contract (s).
For the granting of residence and self-employment authorization: information from the required documentation may be obtained by consulting the information available for the residence and self-employment authorization.
Ancestors: information on the procedure and the required documentation may be obtained by consulting the information available according to the authorization requested: modify a residence authorization to residence and work for others, on their own, for research, or from highly qualified professionals.
Important note: when documents from other countries are provided, they must be translated into Spanish or co-official language of the territory where the application is submitted.
On the other hand, any foreign public document must be previously legalized by the Consular Office of Spain with jurisdiction in the country in which said document has been issued or, where appropriate, by the Ministry of Foreign Affairs and Cooperation except in the case in which said document has been apostilled by the competent Authority of the issuing country under the Hague Convention of October 5, 1961 and unless said document is exempt from legalization under the International Convention.
PROCESS
Subject legitimized to submit the application: the regrouped, personally, except in the case of ascendants, in authorizations for others, for research or highly qualified professionals that must be submitted by the employer or employer, personally, or through a legitimate subject that have the business legal representation attributed. (See Fact Sheet on Legitimate Subjects).
Place of presentation: in the Immigration Office of the province in which the foreigner has established residence, except in the case of ascendants when the employer is the applicant, which must be presented in the Immigration Office of the province in which The activity will be carried out. Information on the address, telephone numbers and customer service hours of the Immigration Office can be found at http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html
Fees for spouses and children: they will accrue at the time of admission to the application process, and must be paid within ten business days, they are:
Model 790 code 052 section 2.4 “independent residence of family members regrouped” to be paid abroad
Rates of ascendants: they will be accrued at the time of admission to the application process, and must be paid within ten business days, the amount will depend on the type of authorization requested.
The payment form can be downloaded from the Internet portal of the Secretary of State for Public Administration
Term of resolution: the period of notification of the resolution is three months from the day following the date on which it has entered the registry of the competent body to process them, except in the case of ascendants, which will depend on the type of authorization that is requested. After this period has elapsed without the Administration having given an express response, it may be understood that the request has been dismissed due to administrative silence. (When it has not been possible to notify the resolution, it will be announced on the Single Edictal Board (TEU) https://www.boe.es/tablon_edictal_unico. If you had opted for electronic or regulatory notification, you were obliged to use that medium, the resolution will be will notify by publication in the electronic headquarters. If the resolution is not accessed within 10 business days of its publication, it will be notified).
When it is granted for having a work contract or contracts, or for self-employment activity, the effectiveness of the residence and independent work authorization granted is conditional on its occurrence, in case it had not occurred before, the discharge of the worker in the corresponding Social Security regime, within one month of notification of the resolution.
Within one month of notification of its concession, you must personally request (in the case of minors, the representative, accompanied by the minor) the Foreigners Identity Card at the Aliens Office or Police Station of the province where authorization has been processed. To see where to go, the schedule and if you have to make an appointment you can consult http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html
The regrouped and, where appropriate, your requesting representative will display your passport or travel document at the time of the fingerprint process to prove your identity and provide:
Foreigner identity card application, in official form (EX – 17) available at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/index.html
Proof of payment of the card fee.
Three recent color photographs, in white background, passport size.
In the event that the regrouping is a minor, documentation proving the representation.
Validity of the independent authorization: the duration will be the one that corresponds according to the previous residence time due to family reunification. In any case, it will have a minimum validity of one year, with the exception of the one granted for being a victim of gender violence or a victim of a crime for violent behavior in the family environment that will be valid for five years.
In the authorizations of independent residence granted when the marital bond is broken or the end of life as a couple or for being a victim of gender violence or crime for violent behavior in the family environment, in the event that there are other family members regrouped, they will retain the residence authorization for family reunification and will depend on the family member with whom they live.
Regrouped foreigners who have a residence and independent work permit may in turn regroup their relatives provided they meet the required requirements, and in the case of ascendants, they must also have obtained a long-term residence permit. Exceptionally, they may regroup without long-term authorization when they are in charge of underage or disabled children who are not objectively able to provide their own needs.
*The content of this page is merely indicative. Only the provisions of the regulations in force at the time the application is submitted is applicable.
Last update: 01/2016
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