Family reunification visa under the EU family member regime
After years of working hard to build a viable life in Spain, many immigrants take the step of bringing their family over to reunite with them in their new country. For residents of Spain who have already obtained Spanish nationality (or that of any other European Union country, Iceland, Liechtenstein, Norway or Switzerland), there is the option of the family reunification visa under the EU family member regime (régimen comunitario).
The EU regime is set out in Royal Decree (Real Decreto) 240/2007 of February 16, on the entry, free movement and residence in Spain of citizens of the Member States of the European Union and of other States party to the Agreement on the European Economic Area.
What is it?
The family reunification visa under the EU regime entitles its holder to reside in Spain for a period longer than 90 days, which is what the tourist visa allows. With this visa, family members of Spanish citizens can enter the country legally and, once in Spain, they are entitled to the EU family member card.
Once this card has been obtained, the holder can work legally in Spain (not in other EU countries), both as an employee and as a self-employed worker (autónomo). Family members brought over by the Spanish citizen cannot in turn bring over other family members until they have obtained Spanish nationality themselves, based on the requirements mentioned above.
Requirements for the EU family visa
To apply for the family reunification visa under the EU regime, a certain degree of kinship is required.
This visa can be requested by the spouse or by the partner in an equivalent union registered in a public register of an EU country, Iceland, Liechtenstein, Norway or Switzerland.
It can also be requested by descendants of the Spanish citizen, or of the citizen's spouse or registered partner, who are under 21. If the descendant is over 21, the Spanish citizen must prove that they are financially dependent on him or her.
Finally, it can also be requested by direct ascendants of the Spanish citizen or of the citizen's spouse or registered partner, provided they are dependent on the citizen.
Once in Spain:
After the family member enters Spain, with or without a visa depending on their nationality, they have three months from the date of entry (if the application is filed after this deadline, the law sets no penalty and the right to apply does not expire) to apply for the residence card for family members of a European Union citizen. The application is filed at the Immigration Office (Oficina de Extranjería) for the place where the person will live. The card is generally issued for 5 years, unless the EU citizen's planned period of residence in the EU is shorter.
Advantages
Temporary residence obtained under the EU regime allows the holder both to reside and to work (Art. 3.2 RD 240/2007). By contrast, under the general regime, a residence authorization on its own does not allow the holder to work (for example, non-lucrative residence does not permit economic activities).
Under the EU regime, the general rule is that temporary residence is granted for 5 years (Art. 8.5 RD 240/2007). Under the general regime, however, whether it is a non-lucrative residence or one that allows work, it is granted for only 1 year (Arts. 49.2, 63.5 and 104 of the Immigration Regulation, Reglamento de Extranjería).
Citizens covered by the EU regime can work without any restriction as to activity or geographic area (Art. 3.2 RD 240/2007). Under the general regime, holders of an initial residence and work authorization must limit their activity to a specific geographic area and occupation (Art. 38.5 of the Spanish Immigration Law, Ley de Extranjería).
Most family members of citizens of the European Union, the European Economic Area and Switzerland covered by articles 2 and 2 bis of RD 240/2007 can benefit from the EU regime (if they meet the requirements we will look at later) without having to wait for any prior period.
Expelling citizens of the European Union, the European Economic Area and Switzerland (and their family members) from Spanish territory is much harder to carry out, since it is only possible “if there are serious grounds of public policy or public security” (Art. 15.1 RD 240/2007).
In conclusion, the EU regime is much more favorable than the general one. It goes beyond nationals of European Union countries, since nationals of the States that make up the European Economic Area and Switzerland also benefit from it.
Likewise, the spouse, registered partner (pareja de hecho), descendants and direct ascendants, as well as those included in the “extended family”, can also regularize their stay or residence in Spain through the EU regime, as long as they accompany or are joining the EU citizen and meet the rest of the requirements explained above. All of this makes it one of the most advantageous options to choose.
