How to apply for the residence card of a family member of a European Union citizen in Spain?
The residence card of a family member of a European Union citizen is the document that allows those family members who are not nationals of a European Union country, but who accompany or join a Spanish citizen or a citizen of another Member State of the European Union, the European Economic Area or Switzerland, to reside legally in Spain.
This residence permit is mainly regulated by the Royal Decree 240/2007concerning the entry, free circulation and residence in Spain of citizens of European Union member states and their family members.
The residence card must be applied for when the family member is going to reside in Spain for a period of more than three months.
Obtaining this card allows the holder to reside legally in Spain and to work both as an employee and as a self-employed person, under the same conditions as a Spanish citizen. The authorization is generally granted for a period of five years, provided that the family relationship that gave rise to the right of residence is maintained.
The family members who can benefit from this card are those who maintain a direct link with the Union citizen.
In the first place, the spouse of a Spanish citizen or of another country of the European Union can apply for it, as long as there is no divorce, marriage annulment or legal separation.
It may also be requested by the partner with whom the citizen maintains a relationship analogous to a marital relationship, provided that the partner is registered in a public registry of domestic partners in Spain or in another Member State of the European Union or the European Economic Area.
In addition, direct children of the EU citizen or his/her spouse or registered partner may also apply for the card, provided that they are under 21 years of age or older than 21 years of age and live under the care of the EU citizen.
Also included are the direct ascendants of the Union citizen or his or her spouse or registered partner, provided that they live under his or her care.
In certain cases, the regulations also allow other family members to benefit from the EU regime when it is proven that they are economically dependent on the EU citizen or that they live with him/her in the country of origin.
To apply for the residence card of a family member of a European Union citizen, it is necessary to submit the application to the Immigration Office corresponding to the place of residence in Spain.
Among the documentation normally required is the accreditation of the family relationship, the registration certificate of the EU citizen, the joint census registration and the documentation that proves that the EU citizen has sufficient economic means or that he/she carries out an employment activity in Spain.
Once the application has been filed, the Administration has approximately three months to resolve the case. If the resolution is favorable, the applicant must go to the corresponding police station to be fingerprinted and obtain the physical foreigner’s identity card.
The residence card for family members of EU citizens is one of the most common ways to regularize the situation of family members of Spanish or EU citizens who wish to reside in Spain.
Therefore, it is important to correctly analyze each case and properly prepare the documentation before submitting the application, in order to avoid delays or possible requirements from the Administration.
Anna Nicolàs Torán.
Lawyer at Martínez Caballero Abogados.
