Family reunification in Spain
In this article, we include some frequently asked questions about family reunification in Spain.
1.Who can be reunified?
Answer:According to the Aliens Act, family reunification procedure can be used to reunify parents who are 65 years old or older, children under 18 years old and spouses. Siblings are not included.
2.What are the age limits for applying for parents and children?
-Children: Article 17 of the Spanish Aliens Act stipulates that the children to be applied for must be under the age of eighteen, i.e. under the age of eighteen. If the eighteenth birthday has already passed, the child is considered overage. In addition, there is no age limit if the child is unfortunately suffering from a disease, physical defect or impairment. In this case, even if the child is overage, the application can be successful.
-Parents: Article 17 of the Spanish Aliens Act states that if the respondent is a parent, then he or she must be over 65 years old. Note: You are over 65 if you have passed your 65th birthday plus 1 day, so there is no need to wait until you have passed your 66th birthday to apply.
As with children, if a parent is unfortunately ill, has a physical disability or impairment, they can also apply if they are not older than 65.
3.How to apply for a parent under 65 years old?
Article 17 of the Spanish Aliens Act states that if the parents are to be re united, they must be over 65 years old.
If the parents are unfortunately suffering from a disease, physical defect or impairment, they can also apply if they are not over 65 years old.
The disease that the law refers to can be a disability or a mental illness, such as Alzheimer’s disease. If the elderly person is suffering from another serious illness, such as cancer, and needs to be cared for by a relative, he or she may apply for parental reunification on humanitarian grounds.
In addition, it is possible to apply for reunification on humanitarian grounds if the applicant is an elderly parent with no one to depend on, has no other income in your country, and is living in difficulty. In this case, it is also possible to apply for parental reunification on humanitarian grounds. However, these cases need to be documented, and the chances of being approved depend on the immigration authorities.
4. What type of residence do I need to have?
Article 56 of the Aliens Regulation states that family reunification cannot be applied for during the first year of residence. The applicant needs to apply for a replacement of the first year of residence (or for the duration of the further replacement) before he/she can apply for family reunification.
Note: It is not necessary to wait for a new residence to be approved before applying, the applicant can apply for family reunification while changing residence.
For example, if the applicant’s first year of residence expires, he/she can apply for family reunification as soon as he/she submits the documents to change his/her residence for two years, and he/she does not need to wait until the new residence is approved. Of course, the approval of family reunification depends on the result of the applicant’s work residence. All rights reserved .
Article 56 of the Aliens Act also states that a five-year permanent residence or EU permanent residence is required for parents. Note: If the applicant has already applied for permanent residence or EU residence, only that it is not yet approved, by then he/she can already apply for family reunification of the parents.
5.How much income is enough to apply for family reunification and how can I prove my financial ability?
Answer:- To apply for family reunification, 1 person, whether parent, child or spouse, must prove that they have 1,5 times the Spanish income index (IPREM), which is a living index published by the Spanish government and is understood as the minimum cost of living in Spain. In 2023, the IPREM indicator will be 600 €/month.
In other words , if applying for 1 person, the application needs to prove an income of 900 € per month. All rights reserved .
-For 2 or more people, the application requires proof of an additional 0,5 times the IPREM per person. All rights reserved .
In other words, if you apply for 2 people, you need to prove that you have an income of 1,200 € per month.
6.What are the conditions to be met for a family reunification house?
The law requires the applicant to prove that he or she has a suitable home to live in, either owned by him or herself or rented. The applicant needs to prove through documents that he or she has a house in Spain that is suitable for the family to live in. Therefore, the applicant can submit a rental contract or a property certificateto prove this.
If the house is not rented or owned, it is possible to “borrow ” the house from someone else. It does not matter who owns the house, as long as it is suitable for living.
7.Can parents who are reunited with their families receive free medical care?
The type of residence held by parents who come to Spain through family reunification is family residence. Family residency is a type of residence that allows you to legally live in Spain, and in theory, you can enjoy various benefits in Spain.
However, there are some cases where it is difficult to apply for a medical card for parents in some areas. This is because medical services are governed by the local government, and each locality has its own rules, so there are different policies.
8. Spouse applicants need to write adeclaration that they are not cohabiting with another person
According to Article 56 of the Spanish Aliens Law, when applying for family re unification, if the respondent is the spouse, a declaration of non-cohabitation is required. The reason for this law is that monogamy is practiced in Spain and cohabitation within marriage is not a crime, but it is against morality. If the applicant has cohabited with another person in Spain, he or she may not apply for a spouse. All rights reserved . Reproduction or reprinting by individual entities is prohibited.
The declaration of non-cohabitation is a document that the applicant fills out to declare that he or she is not cohabiting with another person in Spain or in a marriage. If the contents of the declaration are not true, the declarant will be held legally responsible. All rights reserved
9.Can I work in Spain if I come here for family reunification?
Answer:Yes, you can. According to article 58 of the Spanish Aliens Act, family members who come to Spain through family reunification can work directly in Spain. There is no need to apply for an additional special work permit. The family residence can work anywhere in Spain, with no territorial or industrial restrictions.
10.How long can I return to my country for family reunification?
Answer:You may not leave the country for more than 6 months at a time. According to Article 162 of the Spanish Aliens Act, the holder of a family residence may not leave the country for more than 6 months in a year.
11.Do I have to do RENTA to apply for family reunification?
Answer:RENTA is not compulsory. Article 54 of the Spanish Law on Foreigners states that it is only necessary to submit documents that prove financial capacity, it does not say which documents are necessary. In other words, RENTA is not required. It is possible to apply for family reunification without RENTA. However, if you are able to do it, you can do it because RENTA can help to prove your financial ability.
12.How do I apply for family reunification? What documents are needed?
Related article: Family reunification residence permit in Spain (complete guide)
