EXPLAINED: Spain's new residency option for family members of Spaniards

The reform, which was wide ranging and encompassed changes in everything to the status of foreign students and the job-seeker visas to cutting waiting times for undocumented migrants to regularise their situation.

But now foreigners who are related to a Spanish national can access the so-called ‘Temporary Residence for Relatives of Spaniards’, or autorización de residencia temporal de familiares de personas con nacionalidad española to give it its full name in Spanish.

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What is it?

Essentially this new procedure provides residency authorisation and regularisation for family members of Spanish citizens who are not themselves nationals from either the European Union, the European Economic Area or Switzerland.

In practice it’s quite similar to the pre-existing Tarjeta de Familiar de Comunitario (Residency permit of Family Member of EU national) on a European level, but with important new features that broaden access, residency rights and guarantee greater legal certainty for family members.

Who can apply for it?

As you might expect, there are several requirements to qualify for this residency authorisation.

Those who live with the Spanish national and are in at least one of the following situations can apply:

• Spouse over 18 years of age.
• Registered partners.
• Unregistered partners, but with a proven stable relationship (at least 12 continuous months or with shared children).
• Children under 26 years of age (raised from 21).
• First-degree ascendants of the Spanish citizen or his/her spouse/partner if they are dependents.
• Parents or guardians of a Spanish minor, if they live together or are up to date with parental obligations.
• Relatives up to the second degree who care for a Spanish citizen with recognised dependency.
• Children of Spaniards by origin.

What documents are needed to apply?

You'll need solid documentary evidence to back up your application, including:

From the Spanish relative:

• Copy of DNI or passport
• Declaration that another spouse or partner does not reside in Spain

From the foreign relative:

• Valid passport
• Proof of the family relationship
• Proof of being a dependent (if applicable)
• For couples: proof of cohabitation and common offspring if applicable

What residency rights does it grant?

The Temporary Residence for Relatives of Spaniards provides non-EU nationals with several benefits. According to España Abogados:

• The right to reside and work as an employee or self-employed person throughout Spain
• Initial residency rights of 5 years (or less, if the Spaniard's period of residence is less)
• Possibility of renewal for another 5 years if all requirements are met
• Allows subsequent family regrouping
• If both the Spanish citizen and the foreigner are outside Spain, a visa must be applied for at the Spanish Consulate in the foreigner's country of residence. This Spanish family member visa will allow entry into Spain, where residence can be formalised at a later date. If both are already in Spain, the residency application must be submitted to the Foreigners' Office.

Reasons to be refused or lose the residency:

• Public order, security or public health reasons.
• Broken family ties or ‘fake cohabitation’ – in other words, lying to get residency rights.
• Cases of fraudulent marriages — see above
• If cohabitation, whether or authentic or not, is not maintained.