REQUEST FAMILY REUNIFICATION - REUNION WITH A RELATIVE WHO LIVES IN SPAIN

In Spain, foreigners residing legally have the right to reunite with their family members. Thus, family reunification is a temporary authorization that allows the family members of foreign citizens with a valid residence permit in Spain to reside in Spanish territory.

FAMILY MEMBERS WITH SPANISH NATIONALITY

If you are a foreigner with a valid residence permit in Spain and you wish to bring your family members to Spain, there are options available to you. The modification of the immigration regulations in August 2022 has introduced changes to family roots, which simplifies the process of bringing your children to Spain if they are already in the country. It is important to keep in mind that when your children are over 21 years old, you must prove that they are in your care.

Who can apply for family reunification?

• - The spouse or common-law partner, ascendant (over 65 years old or dependent under 65 years old) and descendant (under 21 years old or dependent over 21 years old).
• - The ascendants and descendants can be the Spaniard or his/her spouse or common-law partner.
• - Those people who, although they are not family members, are in charge of a Spaniard with a disability or who requires support measures for the exercise of his/her legal capacity and live with him/her.

Requirements:

• - You must not be a citizen of a State of the European Union, the European Economic Area and Switzerland, or a family member of citizens of these countries, to whom the regime of citizen of the Union applies.
• - You must be regularly in Spanish territory.
• - You must not have a criminal record in Spain or in your previous countries of residence for crimes existing in the Spanish legal system.
• - You must not be prohibited from entering Spain or be listed as being rejected in the territorial space of countries with which Spain has signed an agreement in this regard.
• - You must have health care covered by Social Security or have private health insurance.
• - You must not suffer from diseases that may have serious repercussions on public health, according to the provisions of the International Health Regulations of 2005.
• - You must not be within the period of commitment not to return to Spain that you have assumed when joining a voluntary return program.
• - You must have paid the fee for processing the procedure.
• - You must have sufficient financial means to meet the needs of your family. Income from your spouse or another first-degree relative resident in Spain who lives with you may be considered. Income from the social assistance system will not be taken into account.

I am going to apply for family reunification, how do I know if I meet the financial means?

The immigration regulations indicate that to understand that you meet the financial means to regroup you must reach the following amounts:

• - Receive a monthly salary amount equivalent to 150% of the IPREM, for cases of family units of 2 members, that is, regrouping and regrouped. For the year 2024, 150% of the IPREM is €900.
• - 50% of the IPREM must be added for each additional member. In this case, you will have to add €300 for each one.

There are exceptions to these cases, such as if there are proven circumstances that advise such a reduction, and always depending on the specific case:

• - That it is equal to the amount of the SMI or higher from a stable source of income.
• - 110% of the amount of the guaranteed income of the Minimum Vital Income will be required on an annual basis and, for each additional minor, AN additional 10% with a maximum limit of 150% of said income, for those cases in which said amount is not reached and taking into account the situation of the regrouped person, for a family unit of 2 members.

Processing family reunification, what documents do I need?

The documents you need are the following:

1. Form EX-02
2. Complete passport
3. Certified copy of the documents that allow you to prove your financial means:
   • a. If you are employed, provide a copy of your employment contract and latest income tax return.
   • b. If you are self-employed, prove the activity you carry out and, if applicable, your latest income tax return.
   • c. If you do not carry out any type of profit-making activity, you must justify it with any document such as a bank statement of the amount of money you have, credit cards, certified checks, among others.
4. Documentation that allows you to prove that you have of adequate housing. You will meet this requirement by providing a 'Housing Suitability Report' which you must request from the authorities of the Autonomous Community where you reside. You must also have a contract or title that enables you to occupy the home.
5. Prove the family relationship with the person being reunited:
   • a. If he or she is a spouse or partner, provide a sworn statement by the person being reunited indicating that he or she does not reside in Spain with another spouse or partner. If he or she is your second partner, provide a court ruling establishing the status of the previous relationship and his or her children.
   • b. In the case of children:
     • If you are reuniting them as a sole parent, you must prove that you exercise sole parental authority, that you have been granted custody, or that the other parent authorizes their residence in Spain.
     • In the case of children over 18 years of age who are not objectively capable of providing for their own needs, prove this situation.
     • If they are adopted children, prove this situation.
   • c. In the case of ascendants:
     • Prove that you have supported your ascendants during the last year (for example, by providing bank transfer receipts).
     • Prove the need to authorize residence in Spain.
     • If applicable, prove humanitarian reasons.

I have been granted family reunification. What is the next step?

Once the favorable resolution for family reunification has been notified, the person being regrouped has 2 months from the notification to process the visa at the corresponding Spanish Consulate.