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Family Reunification

Guidelines for bringing family members to Spain under immigration laws.

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Comprehensive Guide to Family Reunification in Spain

Family reunification is a legal process in Spain that allows non-EU residents to bring their family members to live with them in the country. This process is regulated under Spanish immigration law and is designed to ensure that families can live together while adhering to the legal and administrative requirements of Spain. Below is a detailed guide covering all aspects of family reunification, including legal frameworks, eligibility, procedural steps, costs, and cultural considerations.

1. Legal Framework for Family Reunification in Spain

Family reunification in Spain is governed by:

  • Law 4/2000 on the Rights and Freedoms of Foreigners in Spain and their Social Integration (Ley de Extranjería).
  • Royal Decree 557/2011, which implements the regulations of the Foreigners’ Law.

These laws establish the rights of non-EU residents to reunite with their family members, provided they meet specific legal, financial, and housing requirements.

2. Who Can Apply for Family Reunification?

Eligibility of the Sponsor (Reunifying Person):

The sponsor must:

  1. Be a non-EU resident with a valid residence permit in Spain (e.g., work permit, student permit, or long-term residence permit).
  2. Have resided legally in Spain for at least one year and hold a residence permit that is valid for at least one more year.
  3. Demonstrate sufficient financial resources and adequate housing to support the family members.

Eligible Family Members:

The following family members can be reunited:

  1. Spouse or Partner:
    • Must not be separated or divorced.
    • In the case of unmarried partners, the relationship must be legally recognized (e.g., registered as a pareja de hecho in Spain or equivalent in another country).
  2. Children:
    • Biological or adopted children under 18 years of age.
    • Children over 18 who are dependent on the sponsor due to disability or health conditions.
  3. Parents:
    • Only allowed if the sponsor holds a long-term residence permit.
    • Parents must be dependent on the sponsor and over 65 years old (exceptions may apply in cases of humanitarian need).

3. Requirements for Family Reunification

A. Financial Requirements:

The sponsor must demonstrate sufficient income to support the family members. The minimum income threshold is based on the IPREM (Indicador Público de Renta de Efectos Múltiples), which is updated annually. As of 2023:

  • For the sponsor: 100% of the IPREM (€600/month).
  • For each additional family member: 50% of the IPREM (€300/month per person).

B. Housing Requirements:

The sponsor must provide proof of adequate housing, which includes:

  • A rental contract or property deed.
  • A certificate of habitability (cédula de habitabilidad) issued by the local government, confirming that the home meets minimum living standards.

C. Health Insurance:

The sponsor must have health insurance that covers the family members, either through the public healthcare system or private insurance.

D. Documentation Requirements:

The following documents are typically required:

  1. Valid passport of the sponsor and family members.
  2. Residence permit of the sponsor.
  3. Proof of relationship (e.g., marriage certificate, birth certificate, adoption papers).
  4. Proof of financial resources (e.g., employment contract, bank statements).
  5. Proof of adequate housing (e.g., rental contract, cédula de habitabilidad).
  6. Health insurance documentation.
  7. Criminal record certificate for family members over 18 years old, issued by their country of origin.

4. Step-by-Step Procedure for Family Reunification

Step 1: Submit the Application

  • The sponsor must submit the family reunification application to the Foreigners’ Office (Oficina de Extranjería) in their province of residence.
  • The application can be submitted online or in person, depending on the local office’s procedures.

Step 2: Wait for Approval

  • The Foreigners’ Office will review the application and issue a decision within 45 days. If no decision is made within this period, the application is considered approved by default (positive administrative silence).

Step 3: Family Member Applies for a Visa

  • Once the application is approved, the family member(s) must apply for a family reunification visa at the Spanish consulate in their country of residence.
  • Required documents include the approval letter, passport, and proof of relationship.

Step 4: Travel to Spain

  • After obtaining the visa, the family member(s) must travel to Spain within the visa’s validity period (usually 90 days).

Step 5: Apply for a Residence Card

  • Upon arrival in Spain, the family member(s) must apply for a Foreigner Identity Card (TIE) at the local police station within 30 days.

5. Costs Involved

Application Fees:

  • Family reunification application fee: Approximately €10–€20 (varies by region).
  • Visa application fee: Approximately €60 per person.

Additional Costs:

  • Translation and legalization of documents: Costs vary depending on the country of origin and the number of documents.
  • Health insurance (if private): Costs depend on the provider and coverage.
  • Travel expenses for family members.

6. Country-Specific Considerations

A. Language and Documentation:

  • All documents issued outside Spain must be:
    • Translated into Spanish by a sworn translator (traductor jurado).
    • Legalized or apostilled, depending on the country of origin.

B. Cultural Integration:

  • Spain places importance on cultural integration. Family members may be encouraged to participate in language and cultural orientation programs offered by local governments or NGOs.

C. Regional Variations:

  • While the national framework applies across Spain, some administrative procedures and requirements may vary slightly by region. It is advisable to check with the local Oficina de Extranjería for specific details.

7. Common Challenges and Tips

Challenges:

  1. Delays in processing due to incomplete documentation.
  2. Difficulty meeting financial or housing requirements.
  3. Legalization and translation of foreign documents can be time-consuming.

Tips:

  1. Start the process early to account for potential delays.
  2. Ensure all documents are complete, accurate, and properly legalized.
  3. Seek assistance from immigration lawyers or NGOs specializing in family reunification if needed.

8. Useful Resources

By following this guide, you can navigate the family reunification process in Spain with greater confidence. It is always advisable to consult with legal professionals or immigration experts for personalized assistance.