Spain: Temporary residence authorization for family reunification. Mobility of family members of researchers, blue card-EU and long-term residents-EU.
10 min readTemporary residence authorization for family reunification. Mobility of family members of researchers, blue card-EU and long-term residents-EU: It is a residence permit that can be granted to the relatives of the EU-blue card holders, and long-term residents-EU, when they have such a condition recognized in another Member State of the European Union, provided that the family was already constituted in that State, and by virtue of the right to family reunification
BASIC REGULATIONS
Directive 2009/50 / EC, of May 25, concerning the conditions of entry and residence of third-country nationals for purposes of highly qualified employment.
Directive 2003/109 / EC, of November 25, on the status of third-country nationals who are long-term residents.
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 (articles 52 to 58, 96 and 156).
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
Not be found irregularly in Spanish territory.
Lack of criminal records in Spain and in their previous countries of residence for crimes existing in the Spanish law.
Not be prohibited from entering Spain and not appear as rejectable in the territorial space of countries with which Spain has signed an agreement in this regard.
Have health care because it is covered by Social Security or have private health insurance.
Not suffer any of the diseases that can have serious public health repercussions in accordance with the provisions of the International Health Regulations of 2005.
Having paid the fee for processing the procedure.
Not being, as the case may be, within the commitment period of non-return to Spain that the foreigner has assumed when receiving a voluntary return program.
Reside in another State of the European Union as a member of the family of the regrouper.
Have sufficient financial means to meet the needs of the family. The income contributed by the spouse or partner or another family member can be computed directly and first degree, resident in Spain that lives with the regrouper. Income from the social assistance system will not be computable. The minimum amounts are as follows:
For family units that include two members (regrouping and regrouping) a monthly amount of 150% of the IPREM is required,.
For each additional member, 50% of the IPREM must be added,
The regrouped family member may be:
Spouse or person with whom the regrouper maintains a relationship of affection analogous to the spouse. In no case may more than one spouse or partner be regrouped. Marriage situations and similar affective relationships are incompatible. In the case of being married for a second or subsequent time, the dissolution and the situation of the previous spouse or partner and their relatives in relation to the common dwelling, the pension to the spouse or partner and children.
It is considered analogous relationship to the spouse:
When it is registered in a public registry and the registration has not been canceled, or
When by any means of proof admitted by law, the validity of an unregistered relationship is established, established prior to the start of the residence of the group in Spain.
Children of the regrouper and the spouse or partner, including those adopted (as long as the adoption has effects in Spain), children under eighteen or disabled who are not objectively able to provide for their own needs due to their state of health. If he is the son of one of the spouses or members of the couple, he or she must exercise parental authority alone or be granted custody and be effectively in charge
Legally represented by the regrouper, under eighteen or who have a disability and are not objectively able to provide for their own needs due to their state of health.
First-class ascendant of the regrouper or his spouse or partner, when they are in charge, and there are reasons that justify the need to authorize residence in Spain.
They are considered to be in charge when it is proved that during the last year the regrouper has transferred funds or incurred expenses of their ascendant of at least 51% of the gross domestic product per capita, on an annual basis, of the country of residence of the latter. You will find information on the Gross Domestic Product per capita by country at the following link: https://datos.bancomundial.org/indicator/NY.GDP.PCAP.CD?order
Exceptionally, when there are humanitarian reasons, you can regroup the ascendant under sixty-five years. Humanitarian reasons are considered when the ascendant coexists with the regrouper in the country of origin, or when he is incapable and is protected by the regrouper or his spouse or partner, or when he is unable to provide for his own needs. Humanitarian reasons also concur if the requests of the ascending spouses are presented jointly and one of them is over sixty-five years old.
*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.
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 form (EX-02) in duplicate, duly completed and signed by the regrouper. It may also be submitted by the company that hires the blue-EU cardholder. The form can be obtained at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/index.html
Copy of the complete passport, travel title or registration card in force of the regrouper.
In the event that the company that hires the regrouper requests the family regrouping of the regrouped, documentation that identifies the company requesting the authorization.
If it is an individual entrepreneur: copy of the NIF or NIE, or consent to verify identity data through the Identity and Residence Data Verification System.
If it is a legal person (S.A., S.L., Cooperativa, etc.):
Copy of the NIF of the company and copy of the deed of incorporation duly registered in the corresponding Registry.
Copy of the public document proving that the signer of the authorization request has the legal representation of the company.
Copy of the NIF or NIE or consent to verify the identity data through the Identity and Residence Data Verification System of the signatory of the application.
Certified copy of the documentation proving that the group has enough employment and / or financial resources to meet the needs of his family To do this you can submit:
In case of performing lucrative activity for others:
Copy of the employment contract.
If applicable, last declaration of personal income tax.
In case of doing lucrative activity on your own:
Accreditation of the activity that develops.
If applicable, last declaration of personal income tax.
In case of not performing any lucrative activity in Spain: certified checks, travel checks or letters of payment or credit cards, accompanied by a bank certification of the amount available as credit for said card or bank certification.
In the event that regrouping and regrouping applications are made simultaneously, they must prove that they will have adequate housing.
Otherwise, if the requests of the regrouped ones are formulated when the regrouper is already resident in Spain, supporting documentation must be provided to have adequate housing. To do this, you must attach a report issued by the competent body of the Autonomous Community of the place of residence of the regrouper. The report may be issued by the Local Corporation when so established by the Autonomous Community. You can consult the competent body at your place of residence at the following address: http://extranjeros.empleo.gob.es/es/InformacionInteres/Informes_CCAA_Entidades_locales/Informe_vivienda_adecuada/index.html
This requirement may be justified by any means of proof admitted in Law in the event that the Autonomous Community or the local Corporation has not issued and notified the report within thirty days from the date of the request.
In this case, the documentation provided must refer to: title that qualifies for the occupation of the house, number of rooms, use to which each of the units is intended, number of people who inhabit it and conditions of habitability and equipment. A copy of the receipt of the report request must also be provided to the Autonomous Community or local Corporation.
Copy of the complete and valid passport of the regrouped.
Copy of the documentation proving family ties or kinship or existence of the de facto union or representation, and also:
In the case of regrouping the spouse or partner:
Affidavit of not residing with him in Spain another spouse or partner.
If you are married in second or subsequent nuptials, judicial resolution that establishes the situation of the previous spouse and their children.
In the case of children:
If they are regrouped by a single parent: documentary evidence of exercising parental authority alone, having custody granted, or that the other parent authorizes their residence in Spain
If they are over eighteen years of age and are not objectively able to provide their own needs, supporting documentation.
If they are adopted children, resolution by which the adoption was agreed.
In the case of represented by the regrouper:
If they are over eighteen years of age and are not objectively able to provide their own needs, supporting documentation.
In the case of regrouping ascendants:
Documentation accrediting that they are in charge of the regrouper.
Documentation accrediting the reasons that justify the need to authorize residence in Spain.
Where appropriate, documentation proving that there are humanitarian reasons that justify the authorization.
Documentation accrediting to have guaranteed health care.
Documentation proving that you have resided in another Member State as a family member of a long-term EU-resident or a blue-EU cardholder.
Those of legal age: a criminal record issued by the authorities of the country of origin or of the country or countries in which you have resided during the last five years.
Medical certificate.
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 legitimated to submit the application:
The relatives of blue-EU cardholders the regrouper, personally or, the company that hires the regrouper.
The relatives of long-term EU-residents, the family member himself.
Place of presentation: Office of Foreigners of the province in which the group has fixed the or is going to fix the domicile or before the Spanish Consular Office of the State of the Union of residence. Information on the address, telephone numbers and customer service hours of the Aliens Office can be found at: http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html
Deadline for submission: at any time prior to entry into Spain or once the entry has been made:
Family members of long-term EU-residents, within three months.
The relatives of holders of a blue-EU card, within one month.
Temporary residence fee for family reunification: it will accrue at the time of admission to the application process, and must be paid within ten business days, they are:
Family of blue-EU cardholders: Model 790 code 052 section 2.1 initial temporary residence permit
Relatives of long-term residents-EU: Model 790 code 052 section 2.6 Long-term residence authorization
The payment form can be downloaded from the Internet portal of the Secretary of State for Public Administration
Deadline for resolution of the application: forty-five days from the day following the date on which it had entered the registry of the competent body to process them. After this period has elapsed without the Administration having made the notification, it may be understood that the request has been dismissed due to administrative silence.
Once the authorization is granted, if necessary, you must enter Spain within three months of the notification of the resolution, in the event you are not in Spain.
The regrouping within one month from entering Spain or from the notification of the concession, must personally request (in the case of minors, the representative, accompanied by the minor) the Foreigners Identity Card at the Office of Immigration or Police Station of the province where the 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, his representative will show his passport or travel document at the time of the fingerprint process to prove his identity and will 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 residence card fee.
Three recent color photographs, in white background, passport size.
In the event that the regrouping is a minor, documentation proving the representation.
The relatives of the EU long-term resident will obtain a long-term residence authorization that will be considered a residence for family reunification.
The residence authorization for family reunification of which the spouse, couple and children of working age of the family members of blue-EU card holders are entitled to work for someone else or their own in any part of the national territory in any occupation and sector of activity without the need for any administrative procedure.
The validity of the regrouping authorization will be extended until the same date as the authorization of the regrouping holder.
Last update: 01/2016
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