What are the conditions for reunifying minors with their family members in Spain?
First we have to start off by establishing the children under the age of 18 years old are considered minors.
Article 185. of Royal Decree 557/2011 states that children born to foreigners in Spain will automatically acquire the same residence permit as either one of the parents.
- Foreign minors who were either born inside or outside of Spain may reunite with their family members if their family members are legal residents of Spain.
Article 186 of Royal Decree covers the following situation:
- If the minor is born outside of Spain to parents who are legal residents of Spain, then he may obtain a residence permit if and when documentation is provided proving that he has been in the country for at least two years. Parents must provide proof of sufficient economic means and resources to cover their child´s living expenses and fulfil the requirement of accommodation.
Article 187 of Royal Decree addresses the temporary displacement of foreign minors.
- Foreign unaccompanied minors who are are coming temporarily (for a period of less than 90 days) for medical treatment, vacation or to carry out studies may also apply for family reunification if their family members are legally residing in Spain.
Article 189 of the Royal Decree clarifies what is meant by unaccompanied minors.
- This refers to those foreign minors under the age of 18 who have come to Spain legally or illegally without any responsible adult accompanying them. They are vulnerable and are at risk of being left unprotected.
For more information please do not hesitate to contact us where you can also request an appointment with one of our immigration lawyers!
Katherine Pascal