+34 91 127 09 20 info@sternaabogados.com ES - EN

Residency card for the extended family of an EU citizen

Application, procedures and requirements

On November 9, 2015, it was published in the official state bulletin (BOE - Boletín Oficial del Estado) nº 268 of Royal Decree 987/2015, of October 30, which modifies Royal Decree 240/2007, of February 16, regarding entry, free movement and residency of citizens of EU and EEA states that extends the "concept of family" contained in the Spanish legal regulations, and includes the so-called "extended family".

This change is due to the fact that in order to maintain family unity in a broad sense, Member States must facilitate the entry and residency of other members of the family of the EU or EAA citizen, other than those regulated in Article 2 of the Directive, which were the spouse, registered domestic partnership, direct children under 21 years of age and dependent ascendants.

What family members can be “extended family”?

The extended family which the Directive refers to as "other members of the family" and whose rights are to be recognized by the Member States, could be made up of any other member of the family, whatever their nationality, who does not enter into definition of a member of the family of Article 2 of the Directive (those listed above) and that, in the country of origin, is in charge of or lives with the EU citizen beneficiary of the right of residency principally or, in the case of that for serious health reasons, it is strictly necessary for the EU citizen to take charge of the personal care of the family member. In addition, the partner with whom the EU citizen maintains a stable relationship duly proven will also be considered a member of the extended family.

Stable domestic partnership (pareja de hecho)

In this case, you must demonstrate a stable and duly proven relationship and marital cohabitation for at least one continuous year, unless you have offspring in common, in which case the accreditation of stable coexistence duly proved will suffice.

The rest of the extended family: brothers, sisters, grandchildren, grandparents, cousins, uncles and aunts, nieces and nephews

In these cases, it must be demonstrated that these relatives have depended economically on the Spanish citizen residing in Spain for at least the last 24 months.

It may also be the case that the relatives live with the EU citizen outside of Spain, in which case it will be necessary to demonstrate this continued coexistence for at least 24 months.

In both cases, the EU citizen must have the economic means that guarantee this dependence for their relatives and it will be essential that the family members have private health insurance in Spain.