Many Europeans who start living in Spain do so with their relatives. And that is mainly because the immigration law makes it easy for them.
In this sense, there are two different options:
- If the family member is European, the process is pretty simple: they must also ask for their EU registration certificate.
- But if the relative is from outside the EU, then she must apply for a residence permit as a family member of an EU citizen.
In other words, even if the relative (spouse, children, etc.) does not have European nationality, it is still possible to obtain legal residence in Spain thanks to a regrouping procedure that will allow them to live and work in the country for 5 years, and which must be formalized during the first 3 months of the relative’s entry into Spain.
The exact conditions and requirements for this non-EU relative will depend on whether the regrouper (the European citizen) has entered Spain to study or work:
- In the case of being a student, the European citizen can bring his/her children, spouse or civil partner, and/or children of his/her spouse with.
- If she will be working, either as an employee or self-employed (or if she or she has sufficient economic means and won’t work), then she may also bring disabled family members who are over 21 years and direct ascendants both from his family or from her spouse.
The important thing is that these relatives must be dependent.
And what does it mean to be dependent?
It means that this relative, is receiving economic help from the EU citizen when it comes to the main living costs: rent, food, electricity, etc.
And she will need to prove this economic dependence by showing regular money transfers.
In addition, documentation must be provided to prove the kinship relationship, legalized and translated into Spanish.
In the case of a marriage or civil partnership (“pareja de hecho” in Spanish), the relationship must have been registered in Spain at the Civil Registry first; and, in addition, a joint census must be submitted demonstrating cohabitation in Spain (the minimum duration will depend on the autonomous community in question).