Some of the immigration, visa and permit regulations covering residence and work in Spain refer to the legal concept of ¨dependent family¨or ¨dependent family members¨. This refers to Spanish nationals requesting family reunification.
When establishing compliance of requirements, it is important to pinpoint the significance of ¨dependent family member¨. Directive 2004/38 establishes the Common European Framework to avoid the determination of different rules among EU member states regarding this issue. It is necessary to be aware of relevant regulations and the jurisprudence of the court.
In any event, one must consider the characteristics and conditions of the Spanish national and their family member´s request for family reunification. With this formula as a starting point, the Community legislator addresses the need for the applicant to cover the family member´s basic needs in order to protect family relations.
Translated by: Katherine Pascal