Lawyer expert in family reunification in Madrid

Family Reunification

When a foreign citizen legally residing in Spain wishes to bring his or her family, such as a child, spouse, ascendant or descendant, we speak of family reunification. The legal concept is documented to family members of legal residents in Spain with temporary residence authorization under the right to family reunification.

Lawyer for Family Reunification in Madrid – Family Reunification Application in Spain

General Requirements

Not to be a citizen of a State of the European Union, the European Economic Area or Switzerland, or a family member of citizens of these countries to which the Union citizen regime applies. Not to be irregularly in Spanish territory. Not to have a criminal record in Spain and in the previous countries of residence for crimes existing in the Spanish system. Not to be forbidden to enter Spain and not to appear as rejectable in the territorial space of countries with which Spain has signed an agreement in such sense. Not to suffer from serious diseases that may have public health repercussions, according to the International Health Regulations of 2005. Not to be within the period of commitment not to return to Spain assumed when applying for a voluntary return program. To have 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 residing in Spain can be computed, but not those coming from the social assistance system. The minimum amounts are:

• For family units with two members (applicant and applicant): 150% of the IPREM (635€ in 2020).
• For each additional member: 50% of the IPREM.

Adequate housing is also necessary.

Requirements for the Regrouping Party

The applicant must have resided in Spain for at least one year and have obtained authorization to reside for at least another year. In order to regroup ascendants, the applicant must be the holder of a long-term or long-term-EU authorization. In addition, the ascendant must be over 65 years of age and be dependent on the sponsor, with proven economic dependency.

Requirements of the Regrouped Relative

Spouse or partner: In no case may more than one spouse or partner be reunited. The situations of marriage and of relationship analogous to the conjugal one are incompatible. If the applicant is married for the second time, he/she must prove the dissolution and the situation of the previous spouse. Children: The children of the sponsor and the spouse or partner, including adopted children, under 18 years of age or disabled who cannot provide for their own needs. If the child is of one of the spouses or partners, he/she must have parental authority or custody. Ascendants: The first degree ascendants of the applicant, over 65 years of age, who are dependent and have justified reasons to authorize residence in Spain. They are considered dependents when the sponsor has transferred funds or borne expenses equivalent to 51% of the GDP per capita of the ascendant’s country of residence. Exceptionally, ascendants under 65 years of age may be reunited if there are humanitarian reasons, such as previous cohabitation with the applicant in the country of origin or inability to provide for their own needs.

Necessary Documentation

Application for Family Reunification: Online submission by immigration lawyer with electronic signature under the agreement with the Immigration Department. Contact us for more information. Copy of the complete passport of the applicant.

In case of lucrative activity as an employee:

• Employment contract.
• Income tax return.

In case of lucrative activity for own account:

• Payment of Social Security.
• VAT return.
• Last income tax return.

In case of not carrying out lucrative activity:

• Certified checks, traveler’s checks, letters of payment or credit cards.
• Bank certification of the amount available as credit.

Adequate Housing

Documentation accrediting the availability of adequate housing. A report issued by the competent body of the Autonomous Community of the applicant’s place of residence must be requested and attached. If it is not issued within 30 days of the request, documentation must be provided to prove the adequacy of the housing.

Additional Documentation

• Copy of the complete passport of the regrouped person.
• Supporting documentation of family ties or common-law relationship.
• If the spouse or partner is being reunited: sworn statement of the applicant that he/she does not reside with another spouse or partner in Spain.
• If children are reunited: documentation of parental authority, custody or authorization of the other parent.
• If you are regrouping ascendants: documentation of the transfer of funds or supported expenses.
• Documentation guaranteeing health care, Social Security or private medical insurance.

Important note: Foreign documents must be translated into Spanish or a co-official language and legalized according to the Hague Convention or by the Spanish Consular Office.

Visa Application

From the moment the reunification is granted, the reunited family member has two months to apply for the visa at the corresponding diplomatic mission or consular office. He/she must present:

• Ordinary passport or travel document with a minimum validity of four months.
• Certificate of criminal record (over the age of criminal).
• Medical certificate.
• Proof of family ties and legal dependency.

The consular office will notify the granting of the visa within a maximum period of two months. The reunited person must collect the visa within two months from the notification and enter Spain within the period of validity of the visa, which will not exceed three months. Once in Spain, the regrouped person must apply, within one month, for the Foreigner’s Identity Card at the Alien’s Office or Police Station. For more information, please consult this link. The Alien Identity Card must be applied for with:

• Official form (EX-17) available at this link.
• Proof of payment of the card fee.
• Three recent color photographs, passport size.
• Documentation proving representation (in case of minors).

The residence authorization for family reunification allows to work as an employee or self-employed in any part of the national territory in any occupation and sector of activity without the need of additional formalities. The validity of the family reunification authorization will be valid until the same date as the family reunification authorization at the moment of entry into Spain.