Relocating to Spain is a dream for many, but navigating the legal landscape can be challenging without the right guidance. If you are a family member of a citizen of the European Union, Iceland, Liechtenstein, Norway, or Switzerland, and you plan to reside in Spain for more than three months, you must apply for a specific permit. In this comprehensive guide, Alen & Marbe lawyers will explain everything about the community residency card (Family member of an EU citizen), covering requirements, procedures, and the benefits it provides.
What is the Community Residency Card?
The "Tarjeta de Residencia de Familiar de Ciudadano de la Unión" is a legal document that allows non-EU family members of an EU citizen to live and work in Spain under similar conditions to those of EU nationals. This permit is based on the principle of free movement within the European Union, ensuring that EU citizens can move to other member states without being separated from their close family members.
This card is valid for five years (or the planned period of residence if less than five years) and grants the holder the right to work both as an employee and as a self-employed professional in Spain.
Who is eligible to apply?
To be eligible for this residency card, you must have a specific family relationship with an EU citizen who is already residing in Spain or moving to Spain simultaneously. The following relatives are eligible:
- Spouses: Provided there has been no annulment or divorce.
- Registered Partners (Pareja de Hecho): Those in a relationship similar to marriage, registered in a public registry in an EU/EEA country.
- Children: Direct descendants of the EU citizen or their spouse/partner, under 21 years of age, or over 21 if they are financially dependent.
- Parents: Direct ancestors of the EU citizen or their spouse/partner who are financially dependent on them.
- Extended family members: In certain specific cases, other relatives who can prove dependency or serious health grounds may also qualify.
Main Requirements for the EU Citizen
The right to bring family members is not unconditional. The EU citizen living in Spain must meet one of the following criteria:
1. Employment: Being employed by a company in Spain.
2. Self-employment: Running a registered business or working as a freelancer.
3. Sufficient Resources: Having enough financial means for themselves and their family members not to become a burden on Spain’s social assistance system, plus comprehensive private or public health insurance.
4. Student Status: Being enrolled in a recognized educational institution, with sufficient resources and health insurance.
The Application Process: Step by Step
Knowing everything about the community residency card (Family member of an EU citizen) involves understanding the timeline. The application must be submitted within 90 days of the applicant's entry into Spain. However, it is highly recommended to start the process as soon as possible.
The application is typically submitted at the Immigration Office (Oficina de Extranjería) in the province where the applicant intends to reside. Due to recent administrative updates, many of these applications can now be processed electronically, which Alen & Marbe highly recommends to speed up the resolution time.
Once the application is submitted, the administration has up to 90 days to issue a resolution. If the application is approved, the applicant must then visit the police station to register their fingerprints and receive the physical TIE (Tarjeta de Identidad de Extranjero).
Required Documentation
To ensure a successful application, the following documents are generally required:
1. Application form (EX-19): Duly completed and signed.
2. Valid Passport: A full copy of the applicant’s valid passport.
3. Proof of Relationship: Marriage certificate, birth certificate, or registry of domestic partnership. These documents must be properly legalized (usually via Apostille) and translated into Spanish by a certified translator.
4. EU Citizen’s Documentation: DNI or EU Registration Certificate (Certificado de Registro de Ciudadano de la Unión).
5. Proof of Economic Means: Employment contracts, bank statements, or proof of income.
6. Health Insurance: Proof of public or private health insurance providing coverage equivalent to the Spanish National Health System.
For more detailed official information regarding the technical aspects of Spanish immigration policy, you can visit the Portal de Inmigración of the Spanish Ministry of Inclusion, Social Security and Migration.
Rights and Benefits of the Card
Holding this card provides the applicant with several significant advantages:
Right to Work: Unlike other types of visas, the community residency card automatically authorizes the holder to work in Spain without needing a separate work permit. This applies to both employment and self-employment.
Duration and Renewal: The initial card is valid for five years. After this period, if the family link and residency requirements are still met, the holder can apply for a Permanent Residency Card, which is valid for ten years.
Freedom of Movement: While the card is issued by Spain, it allows for easier travel within the Schengen Area, though it does not automatically grant the right to reside or work in other EU countries without following their specific national laws.
Common Challenges and Pitfalls
Despite being a right granted by EU law, many applications are denied due to technical errors. The most common issues include:
- Failure to prove "financial dependency" for children over 21 or parents.
- Submitting foreign documents without the correct legalization or official translation.
- Health insurance policies that contain "copayments" or "waiting periods," which are often rejected by the Spanish administration.
- Not updating the EU citizen’s registration (Certificado de Registro) to the current address.
Why Consult with Alen & Marbe?
Applying for residency is a life-changing event, and administrative delays or rejections can cause significant stress. At Alen & Marbe, we specialize in Spanish Immigration Law. Our team ensures that your documentation is perfect from day one, minimizing the risk of denial and ensuring you understand everything about the community residency card (Family member of an EU citizen) before you even land in Spain.
If you are planning to move to Spain or are already here and need to regularize your status as a family member of an EU citizen, contact our experts today. We provide personalized legal advice to make your transition to Spain as smooth as possible.
The Spanish immigration system is complex, but with the right legal partner, your journey to obtaining residency can be efficient and successful. Ensure your rights are protected by choosing a law firm that understands the nuances of the European Union’s treaties and Spain's internal regulations.