Family reunification is a procedure that can be performed by foreigners whom are resident in Spain, in order to meet in Spanish territory with their immediate families who are residing in a country outside of the EU. To this matters, both the residing sponsor as the regrouped from abroad, must comply with certain requirements that will be detailed below.
First we will proceed to enumerate who are susceptible to family reunification, with three possible options:
- Firstly, it will be possible to require for reunification of a spouse or person who sustains a relationship analogous to marriage, provided it is there has been no separation in fact or regarding law.
- Secondly, children of the resident or spouse, both biological and adopted, as long as these are minors or persons with disabilities. In the event of the child being of only one of the spouses, should the parental authority be undertaken alone or single custody must be granted.
- Finally, the ascendants of the applicant and of his spouse who are dependent, over sixty-five and there are reasons that justify the need of moving to Spanish territory. There are exceptional cases in which the regrouped ascendancy is less than sixty-five, as in the case of situations based on humanitarian grounds, or if the applicant used to live with him in their country of origin and the familiar cannot any longer take care of their own needs.
In the event of wish to reunite a child who already lives in Spain, the legal residence of the parents must be demonstrated, as well as the permanence of the child in Spain for a period of minimum two years, plus the certificate of enrolment of the child, in addition to the other relevant documentation. Whatever the case, the child will not need a residence visa.
Secondly, the resident in Spain must not only have a residence permit, but also have completed one year of legal residence in the territory. Therefore, when the presentation is turned in, this shall be accompanied by the application for a renewal of the first authorization for work and residence of the applicant. In special cases, such as the reunification of ascending family members, the residence for five years in Spain of the applicant will be required. In addition, resident in Spain must prove that they have adequate housing where they can host their family, and to have sufficient financial resources to support themselves and all family members. As for the accreditation of adequate housing, it must be applied for to the competent authorities of the Autonomous Community of residence of the applicant conducting a report issued within 30 days from your request, which will state that indeed the housing can meet the needs of the applicant and his family. If the report is not issued in the stipulated time, you can present other documentation in order to prove the lawful occupation of housing, the number of rooms it has, use which accounts for each and state of occupancy and equipment from the same.
Regarding the adequacy of financial resources of the applicant, it will depend on the number of people who will compose the family. In the case of households of two members, a monthly amount of 150% of the Public Indicator of Multiple Effect Income, which currently sums up to 532.51€. For each additional member must be added a 50% of the IPREM, being in the case of this year 266.26€ per person. Revenues coming from the welfare system will not be eligible, but it is possible to provide the income from the residents spouse, or in addition, income from other relative in direct line in the first degree, who is resident in Spain and living with the sponsor.
The minimum required amount may be reduced when the reagrupable family member is a minor and the reduction of the base is in the interests of this minor, or for humanitarian reasons appreciated in relation to the individualized circumstances and with approval from the Directorate General of Immigration.
In addition, the financial means should be credited within the stipulated form to be considered valid, though practically any documents can be considered valid as long as it clearly evidences proof of available means. The most often used are:
In the case of employed people: presenting a copy of the contract or the declaration of Tax payment for Individual Income for the previous year.
And in the case of self-employed individuals: proof of activity to develop and / or declaration imposed on the income of individuals from the previous year.
Finally, if not performing any gainful activity in Spain bank certificates can be considered valid in proving the existence of funds in relation to an average bank balance for a minimum period.
Later, once we have ascertained to meet all the requirements to apply for family reunification, the interested individual shall go to the Immigration Office of the county of residence with the required documents, together with the above described documentation, as well as certificates evidencing relationship family, copies of passports, identity card of residence of the applicant etc.
Once authorization has been granted, the favourable resolution must be sent to the family member to be regrouped, so that it is forwarded to the Spanish consulate in order to request a temporary residence visa for family reunification, which must be requested within two months of the receipt of the approval decision by the applicant. With this visa, the individual must enter Spanish territory before the expiry of the validity of the visa issued, and before the expiration of the month of arrival, the application for a residence card at the offices of the National Police or foreign office of the province of residence is necessary.
If interested in working with the residence permit for family reunification, an employer must submit a request in your favour, providing a job. In addition, depending on the duration of the labour supply may or may not a residence permit independent of the sponsor be granted. It may also be obtained in cases such as; residence in Spanish territory for five years; when the marriage bond is broken provided that this link has been maintained for two years; if a court ruled protection order on the basis of gender violence in favour of regrouping…
Being a fairly complicated issue because of the large amount of related requisites, our recommendation is for you to contact our firm DAEMI ZABALZA & ASSOCIATES, who are experts in immigration law. After many years of experience with residency procedures, we can GUARANTEE success. If not, we will give you your money back.