What is a Community Citizen in Spain?
Citizens of a European Union member state who plan to reside in Spain for more than three months are required to register with the Central Register of Foreigners. If you need help with this process, our lawyers in Madrid are available to assist you.
The right to reside in Spanish territory is granted if the person requesting it is an employee or self-employed in Spain, and also has sufficient means and resources to support themselves and their family, so as not to become a burden on Spain’s social assistance during their period of residence. You will need public or private health insurance, contracted in Spain or another country, that provides coverage in Spain during your residence period equivalent to that provided by the National Health System.
If the citizen applying for registration is a student, they must be enrolled in a public or private center recognized or funded by the educational administration for studies or vocational training. They must also have public or private health insurance contracted in Spain or another country that provides full coverage in Spain, and possess sufficient resources so as not to become a burden on Spain’s social assistance during their period of residence.
Card for the Direct Family Member of a Community Citizen
Non-EU foreigners who have Spanish or European Union family members can apply for a residence card with which they can work, both self-employed and employed, and which has a duration of five years.
Actually, the right to residence arises at the moment the link with the European citizen is established. For example, a spouse will have the right from the moment of their marriage. The issue is that the law obliges us to apply for this authorization when we decide to establish our residence in Spain.
Which family members are entitled to the community card?
- The spouse, provided that there has been no annulment or divorce.
- The partner with whom a union similar to marriage is maintained and registered in a public registry established in a Member State of the Union, or in a State party to the European Economic Area, provided that such registration has not been canceled. Situations of marriage and registered partnership are considered incompatible with each other.
- The direct child of the Union or European Economic Area citizen or of their spouse or registered partner, provided there has been no annulment or divorce, or the registration as a partner has been canceled, under twenty-one years of age, or older than that age living at their expense, or incapacitated.
- The direct ascendant of the Union or European Economic Area citizen or of their spouse or registered partner living at their expense, provided there has been no annulment or divorce, or the registration as a partner has been canceled.
- Any family member who, in the country of origin, is dependent on the Union citizen.
- Any family member who, in the country of origin, lives with the Union citizen. Cohabitation will be accredited if continuous cohabitation of 24 months in the country of origin is reliably demonstrated.
- Any family member, who for serious health or disability reasons, it is strictly necessary for the Union citizen to take personal care of them.
- The unmarried partner with whom a stable relationship is maintained, duly proven by accrediting the existence of a lasting bond. In any case, the existence of this bond will be understood if a marital cohabitation of at least one year is accredited, unless they have common offspring, in which case the accreditation of stable cohabitation duly proven will suffice. Situations of marriage and partnership are considered incompatible with each other.
In the case that the European citizen is a student and not a worker, they can regroup in the community regime all the above relatives with the exception of the ascendants.
What requirements must be met?
The family member must accompany or join a citizen of the Union or another State party to the European Economic Area, with the right to reside for a period longer than three months, as an employee or self-employed, have health insurance and sufficient economic means for the family unit, or be a student with health insurance and sufficient resources for the family unit.
Where is it requested?
If the family member is in Spain, it must be presented at the immigration office corresponding to the domicile of the European citizen and in case the family member needs a visa to travel to Spain, the procedure will be carried out at the Spanish Consulate in their place of residence.
Since this authorization covers a large number of family members, dependent on the community family member, it is most appropriate to consult a specialist lawyer to know if we are in one of the contemplated cases, if we meet the requirements and what documents are necessary to prove it.
Can I work with the community family member card?
The community family member card is a community card, which does not actually specify whether the person has permission to work or not.
As a general rule, this community card has a validity of 5 years, however, immigration has the power to grant it for less time in some cases. Once granted, this card will allow the person to legally reside in Spain for that link they have with a Spaniard or community member.
Many people wonder if they can work with this card. Why is it a common question? Because the card does not specify it.
We want to clarify that, even when not specified, the community card does allow the person to work. In addition to being able to work, they will have the same rights as a Spanish and community citizen, which means that the person will be able to work self-employed or employed.
Card for the Extended Family of a Community Citizen
On November 9, 2015, BOE No. 268 published Royal Decree 987/2015, of October 30, which modifies Royal Decree 240/2007, of February 16, on entry, free movement, and residence of citizens of EU and EEA States, which expands the “concept of family” contained in Spanish legal regulations, and includes the so-called “extended family”.
This change is due to the fact that to maintain the unity of the family in a broad sense, Member States must facilitate the entry and residence of other family members of the Union citizen, different from those regulated in Article 2 of the Directive, which were the spouse, the registered domestic partner, the direct children under 21 years of age in charge, and the ascendants in charge.
Who are the Extended Family Members?
This extended family, referred to by the Directive as “other family members,” whose rights are to be recognized by the Member States, would consist of any other family member, regardless of their nationality, who does not fall under the definition of a family member in Article 2 of the Directive (as stated above) and who, in the country of origin, is dependent on or lives with the Union citizen who is the main beneficiary of the right of residence or, in cases of serious health reasons, it is strictly necessary for the Union citizen to take personal care of the family member. Additionally, a partner with whom the Union citizen maintains a duly proven stable relationship will also be considered an extended family member.
Community Card for Unregistered Partners
In this case, a stable relationship duly proven and marital cohabitation for at least one continuous year must be demonstrated, unless they have common offspring, in which case the accreditation of stable cohabitation duly proven will suffice.
Other Extended Family Members: siblings, grandchildren, grandparents, cousins, aunts, uncles, and nephews
In these cases, it must be demonstrated that these relatives are economically dependent 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 European citizen outside of Spain, in which case such continuous cohabitation of at least 24 months must be demonstrated.
In both cases, the European citizen must have the economic means that guarantee such dependency for their relatives, and it is essential that the relatives have private health insurance in Spain.
What Happens to Our Community Family Member Residence if We Divorce Our Partner?
People who have obtained the community family member card through marriage or registered partnership have a common question: What happens if I get divorced or annul the partnership?
If you are a foreigner who has ceased to be the holder of a residence card for a family member of a European Union citizen because you have divorced or canceled the registration as a registered partner, you can apply for a residence and work authorization for self-employment or employment.
It is important to know that there are two options depending on when you divorced or canceled the registration as a partner.
If it was before 3 years of marriage: you have to make a modification to the general regime. There are exceptions, such as the death of your partner (for more information, you can consult with one of our lawyers).
If it was after 3 years of marriage: you can maintain your community family member card.