Family-based residence is a temporary residence authorization on exceptional grounds that may be granted to foreign nationals who are in Spain and have a family connection with Spanish or EU citizens. This connection may be:
- Being the father or mother of a minor who is a Spanish or EU national.
- Being the son or daughter of a father or mother who were originally Spanish nationals.
- Being the spouse, registered partner, or child under 21, or a dependent older child, of a lawful resident in Spain.
- Being the de facto carer of a person with a recognised disability or dependency.
What requirements must be met?
The general requirements for applying for family-based residence are:
- Not having a criminal or police record in Spain or in the country of origin.
- Not being banned from entering Spain or listed as inadmissible in the territory of countries with which Spain has signed an agreement to that effect.
- Proving the family connection by means of a birth certificate, marriage certificate, registered-partnership certificate or court decision recognising the de facto care arrangement.
- Proving sufficient financial means to support oneself and any dependent family member. The minimum amount is 150% of the monthly IPREM (Public Indicator of Income Effects), which in 2024 is 806.76 euros. If there are dependent family members, 50% of the IPREM must be added for each one, that is, 269 euros.
The specific requirements depend on the type of family-based residence permit applied for:
- Family-based residence because you have a minor child who is Spanish or an EU national: no other requirement is necessary.
- Family-based residence because you are the son or daughter of a father or mother who were originally Spanish nationals: the parent’s Spanish nationality must be proven by means of a full birth certificate issued by the Spanish Civil Registry or a valid national identity document (DNI). Cohabitation with the parent for at least two years must also be proven by means of a collective historical municipal registration certificate.
- Family-based residence because you are the spouse, registered partner or child under 21, or a dependent older child, of a lawful resident in Spain: the family member’s lawful residence must be proven by means of a valid foreigner identity card (TIE). Cohabitation with the family member for at least one year must also be proven by means of a collective historical municipal registration certificate.
- Family-based residence because you are the de facto carer of a person with a recognised disability or dependency: the cared-for person’s disability or dependency must be proven by means of a certificate issued by the competent social services. Cohabitation with the cared-for person for at least two years must also be proven by means of a collective historical municipal registration certificate.
What documents must be submitted?
The general documentation that must be submitted when applying for family-based residence is:
- Official application form (EX–10), in duplicate, duly completed and signed by the applicant.
- Full copy of a valid passport, travel document or registration certificate.
- Medical certificate proving that the applicant does not suffer from any disease that could have serious consequences for public health.
- Negative certificate from the Central Register of Convicted Persons and Rebels, if the applicant is of criminal age.
- Negative criminal-record certificate issued by the authorities of the country or countries in which the applicant lived during the five years immediately before entering Spain, if the applicant is of criminal age.
- Documentation proving the family connection and, where applicable, cohabitation, the parent’s Spanish nationality, the family member’s lawful residence, or the cared-for person’s disability or dependency, depending on the type of family-based residence applied for.
- Documentation proving sufficient financial means to support oneself and any dependent family member. This may include an employment contract, payslip, pension, unemployment benefit, bank account statement, etc.
The documentation must be original and translated into Spanish or the co-official language of the territory where the application is submitted. Foreign public documents must first be legalised by the Spanish consular office with jurisdiction in the country where the document was issued or, where applicable, by the Ministry of Foreign Affairs and Cooperation, except where the document has been apostilled by the competent authority of the issuing country under the Hague Convention of 5 October 1961, or where the document is exempt from legalisation under an international convention.
Where and how should family-based residence be applied for?
Family-based residence must be applied for in person at the Foreigners’ Office of the province where the applicant lives. An appointment can be requested through the following website: https://sede.administracionespublicas.gob.es/icpplus/index.html
The application must be submitted within 90 days of meeting the required conditions. If it is submitted after the deadline, it may be rejected for processing.
The fee for processing the application is 37.52 euros and must be paid using the official form (model 790, code 052), which can be downloaded from the following website: https://sede.policia.gob.es/Tasa790_052/
The decision will be notified within a maximum period of three months from the date on which the application is received by the body competent to process it. If no notification is made within this period, the application may be deemed rejected by administrative silence.
If the decision is favourable, the applicant must apply in person for the foreigner identity card (TIE) at the relevant Foreigners’ Office or Police Station. The following must be submitted:
- Application for a foreigner identity card (EX–17), in duplicate, duly completed and signed.
- Proof of payment of the card-issuance fee (15.76 euros).
- Pasaporte original y copia.
- Three recent colour photographs with a white background.
The card will be valid for one year and will allow the holder to live and work in Spain, both as a self-employed person and as an employee.
If the decision is unfavourable, an administrative or contentious-administrative appeal may be lodged against it.
What are the advantages of family-based residence?
Family-based residence has the following advantages:
- It does not require a minimum period of prior residence in Spain.
- It does not require a job offer or an employment contract.
- It allows the holder to work both as a self-employed person and as an employee.
- It allows the authorization to be renewed for a further two years if the requirements for an initial temporary residence and work authorization are met.
- It allows the applicant to apply for family reunification if the relevant requirements are met.
- It allows the applicant to apply for Spanish nationality after two years of continuous lawful residence in Spain if they are a national of an Ibero-American country, Andorra, the Philippines, Equatorial Guinea or Portugal; or after ten years if they are a national of another country.
If you have any questions or need further advice, you can contact our legal advisers through our website, in the Contact section.
