Family Reunification for Foreigners in Spain
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triptico_01_reagrupacion_familiar_eng.ai 2 11/10/2011 13:28:48 granted for family reunification will allow them to work, In the case of the spouse or partner, or children and other FAMILY REUNIFICATION FOR without any other administrative procedures. minors when they reach the age of majority, a separate residen- ce permit can be obtained when having economic resources for FOREIGNERS IN SPAIN Is it possible to renew temporary residence a non-lucrative temporary residence permit or if having one or more employment contracts that qualify for a temporary work permits granted for family reunification? and residence permit or if meeting the requirements for a temporary residence and work permit for self-employed Yes, the applications of the person requesting reunification workers. Nevertheless, they can apply for a long term residen- and the person reunited must be submitted jointly, unless ce permit after having lived in Spain for five years. otherwise justified, and accompanied by evidence of the employment situation and/or sufficient economic resour- Ascendants, when they have obtained a work permit. ces and health cover. The period for submitting the applica- tion is 60 calendar days prior to expiry (applications can also be made within 90 days after expiry, though they might carry a fine). If the Administration does not expressly respond within 3 months of the application for renewal being submitted, the Further information regarding procedures can be found at: C outcome can be understood to be positive. http://extranjeros.mtin.es M In any event, submitting the application will extend the Y validity of the pervious permit until the process has been CM completed. MY Can the reunited family member exercise the CY right to reunification? FAMILY REUNIFICATION FOR CMY FOREIGNERS IN SPAIN K Yes, provided they have a separate residence and work permit to that of the person who has reunited them, and that they meet the requirements to apply for family reunifi- cation. Apart from exceptions, reunited ascendants can exercise the right to family reunification after having obtained the status of long-term resident and proven adequate financial resources to support the needs of those they wish to reuni- NIPO 790-11-127-9 te. How can reunited family members obtain an The guidelines contained in this document separate temporary residence permit? are purely informative NIPO 790-11-128-4 Further information regarding proceduress can be found at:at: http://extranjeros.mtin.eses triptico_01_reagrupacion_familiar_eng.ai 1 11/10/2011 13:28:35 Spanish immigration law recognises the right • Parents of the resident, or those of the spouse or • A criminal record certificate, or equivalent, covering the partner, over 65. Exceptionally on humanitarian ground a previous 5 years, if the family member joining the of foreigners legally resident in Spain to reuni- residence permit might be granted for parents under 65. resident is over the age of criminal responsibility. te their families. This leaflet summarises the • Original documentation proving family ties and relation- general conditions required to exercise this How do I apply for family reunification? ships, the existence of a de facto union and, when right. applicable, age and legal dependency. In person, in the official form which can be obtained from • A medical certificate stating that they do not suffer Foreigners’ Offices or from the website http://extranjeros. from any disease which could have a severe impact on Who can reunite their family members? mtin.es, at the Foreigners’ Office responsible for processing public health in accordance with International Health it. The application must be accompanied by the following Regulations. Foreigners who have been living legally in Spain for a year documentation: and have obtained authorisation to stay at least one more • Proof of family ties and relationships, a de facto union While the visa is being processed, the applicant may be year. To reunite ascendants, the foreigner must be a long- and, if appropriate, age and legal dependency. required to appear in person and, if necessary, to attend term resident in the country. an interview. • A copy of the passport, travel document, or valid ID of the applicant and the person they wish to join them. Those who can also reunite their family, without previous If the family member to be reunited is already in Spain legal residence, include: holders of an EU long-term residen- • Proof of employment and/or sufficient economic means to illegally, the visa application will not be processed. ce permit in another Member State of the European Union, be able to support the family, including health care cover (if C holders of an EU blue card, or beneficiaries of the special not included under Social Security System). If the visa is granted, once it has been collected in person, M regime for researchers. • Written evidence, according to the regulations, of having except in the case of minors, the applicant must enter Y adequate housing for the family’s needs. Spain within the visa’s validity period (not exceeding 3 months), and request (in person, except in the case of CM Which family members can be reunited? • If you are applying to bring your spouse or partner to join you, a sworn statement that you do not live in Spain with another minors) within a period of one month, a Foreigner’s Identifi- MY spouse or partner. cation Card (TIE). CY • The spouse (only one), not separated de facto or de jure, and provided that the marriage has not been entered into CMY fraudulently. The family members of an EU long term residence holder in What are the effects and duration of tempo- K another Member State can submit their own application for rary residence permits granted for family • The person who is in a relationship with the applicant, similar family reunification when the EU long residence holder applies to that of marriage (recorded in a public registry or proven reunification? for a residence permit in Spain. by the applicant). • Dependants: • When the foreign resident applying for family reunifica- What procedures do my family have to follow? tion has a temporary residence permit, it is valid until the date stated on the same. The resident’s unmarried children o those of the Within 2 months, of the application for reunification being spouse or partner, including adopted children. • When the foreign resident applying for family reunifica- granted, the family member must apply in person, notwiths- tion has a long-term residence permit or EU long-term tanding exceptions, for a visa at the corresponding Spanish Direct descendants over 18 with disabilities residence permit, until the validity date of their diplomatic mission or consulate, accompanied by the Foreigner’s Identification Card (TIE). following documents: Children or other persons over 18 with disabilities • A standard passport or travel document, valid in Spain whom the resident is legal guardian o representative In the case of a spouse, partner, or children, when they and with a minimum validity period of 4 months. reach employment age the temporary residence permit FAMILY REUNIFICATION FOR Further information regarding proceduress can be found at:at: FOREIGNERS IN SPAIN edition 2011 http://extranjeros.mtin.eses.