The Residence Card for Family Members of EU Citizens allows non-EU family members to live and work in Spain. This card ensures that families remain united while granting legal rights to reside and work under the same conditions as EU citizens. Below, we provide a comprehensive guide to help you navigate the application process.
What Is a Community Citizen?
A Community Citizen is a national of a European Union member state who plans to reside in Spain for more than three months. To do so, they must register with the Central Register of Foreigners.
Who Qualifies as a Community Citizen?
Community Citizens are typically:
- Employed or self-employed individuals in Spain.
- Students enrolled in recognized educational institutions.
- Individuals with sufficient financial resources to avoid becoming a burden on Spain’s social assistance system.
Regardless of their status, all applicants must have health insurance valid in Spain, whether public or private, obtained domestically or from another country.
Family Members Eligible for the Community Family Card
The Residence Card is available to non-EU family members of EU or EEA nationals. Eligible family members include:
- Spouses: Provided no annulment or divorce has occurred.
- Registered Partners: Must maintain a legally recognized union.
- Children under 21: Includes children of the EU citizen, their spouse, or registered partner. Children over 21 must be financially dependent or incapacitated.
- Dependent Parents: Includes parents of the EU citizen, their spouse, or registered partner.
- Extended Family Members:
- Relatives who are financially dependent on the EU citizen in their home country.
- Relatives who have lived with the EU citizen for at least 24 consecutive months in their home country.
- Relatives requiring personal care due to serious health issues or disability.
Application Requirements and Process
General Requirements
Where to Apply?
- The family member must accompany or join the EU citizen in Spain.
- The EU citizen must have valid residency rights (e.g., as an employee, self-employed individual, or student with sufficient financial resources).
- The family member must possess private health insurance covering their stay in Spain.
- In Spain: Applications are submitted at the Immigration Office corresponding to the EU citizen’s residence.
- Outside Spain: Applications are submitted at the Spanish Consulate in the applicant’s country of residence.
Note: Due to the variety of cases covered under this authorization, consulting an immigration specialist is highly recommended.
Benefits of the Residence Card for Family Members
The Residence Card for Family Members of EU Citizens provides numerous advantages, including:
- Legal Residency: Allows holders to live in Spain for up to five years, with the possibility of renewal.
- Work Authorization: Cardholders can work in Spain, either as employees or self-employed professionals.
- Equal Rights: Grants access to social services, public healthcare, and educational opportunities under the same conditions as EU citizens.
- Family Reunification: Enables extended family members who depend on the EU citizen to reside in Spain.
- Path to Stability: After five years of legal residency, holders may apply for the EU Long-Term Residence Permit.
These benefits make the card an essential tool for maintaining family unity and securing residency rights in Spain.
Extended Family Members and Their Rights
The 2015 amendment to Royal Decree 240/2007 expanded the definition of “family” to include extended family members. These include:
- Unregistered Partners: Must prove at least one year of cohabitation or have common offspring.
- Other Relatives: Siblings, grandchildren, grandparents, cousins, aunts, uncles, and nephews. These relatives must:
- Be financially dependent on the EU citizen for at least 24 months.
- Have lived continuously with the EU citizen for 24 months outside Spain.
All extended family members must have private health insurance in Spain and depend on the EU citizen’s economic support.
Divorce or Separation: What Happens to Your Residence Card?
Divorce or annulment of a registered partnership affects the holder’s Residence Card:
- Divorce After Three Years: The cardholder can retain their Residence Card under the community regime.
- Divorce Before Three Years: The cardholder must modify their status to the general immigration regime.
In cases of exceptional circumstances, such as the death of the EU citizen, different rules may apply. Contact an immigration lawyer to explore your options.
Why Seek Professional Assistance?
Navigating the application process for the Community Family Member Residence Card can be complex due to the variety of family scenarios and documentation requirements. Our immigration lawyers specialize in evaluating eligibility, preparing necessary documents, and ensuring compliance with Spanish regulations.
For tailored guidance, contact us today. Let us simplify your journey toward securing your residence in Spain.
Frequently Asked Questions about Residence Card for Family Members of EU Citizens
Can I work in Spain with the Residence Card for Family Members?
Yes, the card allows you to work legally in Spain as either an employee or self-employed professional. Despite not being explicitly stated on the card, it provides full work rights under the same conditions as EU citizens.
How long is the Residence Card valid?
The card is typically valid for five years. In certain cases, immigration authorities may issue it for a shorter duration. Renewal is possible, ensuring continued residency rights.
What happens to my card if I divorce my EU citizen partner?
If the divorce occurs after three years of marriage, you can retain the card. If it happens before three years, you may need to switch to a different residence permit under Spain’s general immigration regime.
Can extended family members apply for this card?
Yes, extended family members such as siblings, grandparents, or unregistered partners may qualify, provided they can prove financial dependency, cohabitation, or serious health conditions requiring care.
Do I need private health insurance to apply?
Yes, applicants must provide proof of private health insurance covering their stay in Spain, ensuring access to healthcare equivalent to that provided by Spain’s National Health System.