Family Reunification

As specialists in migration consultancy, we highlight that this regulation not only updates procedures, but simplifies and streamlines them in order to guarantee legal certainty and foster the real integration of families in Spain.

1. Who Can Be Reunified? (Art. 66)

Article 66 precisely defines the family profiles that can access this authorisation. The family tie must be proven with duly legalised or apostilled public documentation:

• Spouse or Registered Partner: Both must be over 18. Reunification is prohibited in cases of legal or de facto separation, or if the relationship was entered into in fraud of law. For unregistered partners, proof of a stable relationship is required (minimum 12 months of cohabitation or common children).
• Children and Descendants: Under 18 at the time of the application. Persons over 18 with disabilities or who are objectively unable to provide for themselves are also included. Proof of parental authority or the other parent's consent is essential when custody is shared.
• Legal representatives: Minors or dependants under the legal representation of the sponsor, provided the legal act is valid under Spanish law.
• Ascendants: Generally must be over 65, financially dependent on the sponsor, and there must be reasons justifying their residence in Spain. Exceptionally, for humanitarian reasons, reunification of ascendants under 65 is permitted.
• Special dependency cases: Adult children acting as carers for the sponsor, provided the sponsor has a recognised degree of dependency under Law 39/2006.

2. Critical Requirements for the Sponsor

Financial solvency and adequate housing are the pillars of the application. The new regulation introduces essential technical nuances:

a. Financial Resources: Amounts and Calculation Rules

The sponsor must demonstrate fixed and regular income. Minimum amounts are based on the IPREM (Public Multiple-Effect Income Indicator), except in protected cases where the Minimum Living Income (IMV) applies:

• Combined income: The sponsor's income may be combined with that of the spouse/partner and other first-degree direct relatives already residing in Spain who form part of the household.
• Technical exclusions: Study grants, housing subsidies (rental or purchase) and income from social assistance (non-contributory benefits) are not counted.
• Minor Safeguard (IMV Rule): If the unit consists of two persons and one is a minor, 110% of the guaranteed IMV income will be required, plus 10% for each additional minor.

b. Adequate Housing

A report from the social services of the Autonomous Community or Local Authority must be provided, certifying habitability in accordance with Law 12/2023, of 24 May, on the right to housing. If the report is not issued within one month, the requirement may be met by any legally admissible means of proof (e.g. notarial act).

c. Health Insurance and School Enrolment

Full health insurance (public or private) must be held for the sponsor and their family members. Additionally, if there are minors of compulsory schooling age already residing in Spain, proof of actual school enrolment must be provided.

3. Managing the Procedure

• Prior Residence and Exceptions: Generally, one year of prior residence is required and the renewal for the second year must have been applied for. Key innovation: Holders of a Long-Term EU residence permit in Spain may apply for reunification (including ascendants) without waiting for the year of prior residence (Art. 68.1.a).
• Application and Resolution: Submitted at the Immigration Office. The maximum period to resolve is two months. Administrative silence is dismissive.
• Consular Phase (Art. 40): Once the authorisation is granted, the family member has a non-extendable period of two months to apply for the visa at the consular office in their country of origin. The visa will be issued within one month.

4. Validity, Rights and the New Renewal Rules

• Right to work: The right to work is automatic and without additional procedures for spouses, partners and children of working age, eliminating the need to apply for separate work authorisations.
• Initial validity: Linked to the sponsor's card (minimum one year).
• The key renewal innovation (Art. 71.6): When renewing the family reunification authorisation, the new card will have a validity of four years. This change breaks with previous two-year cycles, providing families with unprecedented residential stability.

5. Independence of Reunified Family Members

• Victims of Gender or Sexual Violence: Will receive an unconditional authorisation (exempt from standard economic or housing requirements) with a duration of five years and priority processing.
• Breakdown of the relationship: Possible after three years of the relationship and one year of cohabitation in Spain.
• Death of the sponsor: Allows an independent five-year authorisation if prior residence before death is proven.
• Adult children: Upon reaching 18, if they have resided in Spain for five years or have their own means of support.

The effectiveness of the reunification depends on strict compliance with post-grant milestones. After entering Spain, the family member has one month to apply for the Foreign National Identity Card (TIE). Failure to meet consular or entry deadlines may result in the expiry of the right.