Spain: Temporary residence authorization for family reunification.
10 min readTemporary residence authorization for family reunification: It is a temporary residence authorization that can be granted to the relatives of foreigners residing in Spain, by virtue of the right to 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 (articles 52 to 58).
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.
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.
Having paid the fee for processing the procedure.
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, Provide adequate housing.
The regrouper must have resided in Spain for at least one year and have obtained authorization to reside for at least another year. To regroup the ascendants, the regrouper must hold a long-term or long-term EU-authorization.
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 event of being married for the 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 the children must be proven.
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-degree ascendant of the EU long-term or long-term resident regrouper, or of their spouse or partner, when they are in charge, are over sixty-five years old 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. Information on the Gross Domestic Product per capita by country can be found 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, among other cases, 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.
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. This 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.
Certified copy of the documentation proving that you have sufficient employment and / or financial resources to meet the needs of the 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.
Documentation accrediting having 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 proof of having made the request for a report to the Autonomous Community or local Corporation must also be provided.
Copy of the full and valid passport or the travel title 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 the regrouper 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: documentation proving to exercise 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 proving that the regrouper during the last year of residence in Spain has transferred funds or borne expenses of the ascendant.
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.
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.
For more information, you can consult a professional.
PROCESS
Subject legitimized to submit the request: the regrouper, personally.
Place of presentation: Immigration Office of the province where the regrouper resides. The information of the address, telephone numbers and hours of attention to the public of the Office of Foreigners can be consulted in: http: //www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html
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:
Model 790: code 052, Section 2.1 Initial authorization of temporary residence
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 practiced the notification, 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 in the Single Edictal Board (TEU) https://boe.es/tablon_edictal_unico. If you had opted for electronic or regulatory notification, you were obliged to use that means, the resolution will be notified by publication in the electronic headquarters If the resolution is not accessed within 10 business days of its publication, it will be notified).
In the case of concession, the regrouped family member has two months from the notification of the concession, to personally apply for the visa in the diplomatic mission or consular office in whose demarcation he resides (in the case of minors he must submit the visa application to his representative duly accredited).
The visa application must accompany:
Ordinary passport or travel title recognized as valid in Spain with a minimum validity of four months.
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.
Original documentation proving family ties and, where appropriate, legal dependence.
The diplomatic mission or consular office will notify the granting of the visa, if applicable, within a maximum period of two months.
Notified the granting of the visa, where appropriate, the regrouped must collect it personally within two months from the date of notification (in the case of minors may be picked up by their representative).
Once the visa is collected, the regrouped must enter Spanish territory within the validity period of the visa, which will not exceed three months.
Regrouping within one month of entering Spain, 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, his representative, will show his passport or travel title 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 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 residence authorization for family reunification of which the spouse, couple and children of working age are entitled: enables them 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 authorization of the regrouping will be extended until the same date as the authorization of the holder of the regrouping at the time of entry of the relative in Spain.
*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: 08/2017
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