Who Can Apply for Residence as a Family Member of a Spanish Citizen?
Since 20 May 2025, the Spanish Immigration Regulation (Real Decreto 1155/2024) has provided a dedicated temporary residence authorization for family members of Spanish nationals. The following relatives may apply, provided they live with the Spanish national:
- Spouse aged 18 or over, provided the marriage has not been annulled or dissolved by divorce and is not a marriage of convenience
- Partner registered in a public registry of an EU country, the European Economic Area or Switzerland
- Unregistered stable partner, with at least 12 months of cohabitation or children in common
- Children under 26, or older if dependent or living with a disability
- Dependent parents (first-degree direct ascendants) without family support in their country of origin, or on humanitarian grounds
- Parent or guardian of a Spanish minor
- One relative up to the second degree who cares for a dependent Spanish national
- Other relatives in the specific cases set out in the Regulation, such as certain dependent family members
Spain recognizes stable unmarried partnerships, making this route accessible even if you are not legally married.
Requirements for the Family Member Residence Permit in Spain
To apply for the family member residence permit in Spain, you must provide:
- Valid passport
- Proof of family relationship (marriage certificate, birth certificate, registered partnership certificate, or evidence of durable relationship)
- Empadronamiento (proof of residence in Spain)
- Criminal record certificate from your country of origin and countries of residence during the last 5 years
All foreign documents must be apostilled or legalized and officially translated into Spanish. Incomplete documentation is one of the most common causes of delays or refusals.
Work Rights for Non-EU Family Members of Spanish Citizens
Once the residence authorization is granted, you are entitled to:
- Work in Spain without restrictions
- Be employed or self-employed (autónomo)
- Access public healthcare and social benefits (if eligible)
- Reside legally in Spain
- Apply for renewal and eventually permanent residence
This residence permit grants full integration into the Spanish labour market.
Application Process for Family Member Residence in Spain
The application can be submitted from abroad at the Spanish consulate. In most cases it can also be submitted from Spain, at the Oficina de Extranjería (Foreigner's Office), when both the foreign national and the Spanish national are in Spain: either of them may file it, and the foreign national is not required to be in Spain legally. The authorities have a maximum of two months to decide; if they do not respond within that time, the application is deemed refused. After approval, you will complete the fingerprint process to obtain your TIE (Foreigner Identity Card). Renewal must be requested before the residence card expires.
Benefits of Residence as a Family Member of a Spanish Citizen
This residence authorization allows families to:
- Live together legally in Spain
- Access employment opportunities
- Enroll in education
- Access healthcare services
- Build long-term stability in Spain
- Apply for permanent residence in the future
It provides legal security and family unity under Spanish immigration law.