Family Reunification

The regulations not only update procedures, but simplify and streamline them in order to guarantee legal certainty and promote the real integration of families in Spain. Below we break down the key points of this new legal framework.

1. Who can be reunited?

The family profiles that may access this authorisation are precisely defined. It is essential to prove the relationship through public documentation duly legalised or apostilled:

• Spouse or Registered Partner: Both must be over 18 years of age. Reunification is prohibited in cases of de facto or legal separation, or if the relationship was entered into in fraud of law. For unregistered partners, a stable relationship must be proven (minimum 12 months of cohabitation or children in common).
• Children and Descendants: Under 18 years of age at the time of application. Includes over-18s with a disability or who, due to their state of health, are not objectively capable of providing for their own needs. It is essential to prove parental authority or the consent of the other parent if custody is shared.
• Legal representatives: Minors or dependents under the legal representation of the reunifying party, provided the legal act is valid under Spanish law.
• Ascendants: As a general rule, they must be over 65 years of age, dependent on the reunifying party and there must be reasons justifying their residence in Spain. Exceptionally, for humanitarian reasons, reunification of ascendants under 65 is permitted.
• Special dependency cases: Adult children acting as carers of the reunifying person, provided they have a recognised degree of dependency under Law 39/2006.

2. Critical Requirements for the Reunifying Party

Financial solvency and adequate housing are the pillars of the application. The new regulations introduce essential technical nuances:

a. Financial Resources: Amounts and Calculation Rules

The reunifying party must demonstrate fixed and regular income. Minimum amounts are based on IPREM (Public Multiple Effects Income Indicator), except in protected cases where the Minimum Living Income (IMV) applies:

Income Calculation Rules: It is vital to understand what counts towards the total to avoid refusals:

• Combination of income: The income of the reunifying party, spouse or partner, and other first-degree direct relatives already residing in Spain and forming part of the household may be counted.
• Technical exclusions: Study grants, housing subsidies (rent or purchase) and income from the social assistance system (non-contributory benefits) do not count.
• Safeguard for Minors (IMV Rule): In the best interests of the child, the amount may be reduced. If the household consists of two persons and one is a minor, 110% of the guaranteed IMV income will be required, plus 10% for each additional minor.

b. Adequate Housing

A report from the social services of the Autonomous Community or Local Authority certifying habitability in accordance with regulations must be submitted.

• Administrative silence: If the report is not notified within one month, the requirement may be proven by any means of evidence admissible in law.

c. Health Insurance and Schooling

It is mandatory to have health insurance (public or private) with full coverage for the reunifying party and their family members. Furthermore, if there are minors of compulsory school age already resident in Spain, their effective schooling must be certified.

3. Procedure Management

The administrative process is divided into phases with strict deadlines that the consultant must monitor:

1. Prior Residence and Exceptions: Generally, one year of prior residence is required and renewal must have been applied for for the second year. Major technical innovation: Holders of a Long-Term EU authorisation in Spain may apply for reunification (including ascendants) without waiting for the year of prior residence, from the moment of their initial application (Art. 68.1.a).
2. Application and Decision: Submitted at the Immigration Office. The maximum period for a decision is two months. Administrative silence is negative.
3. Consular Phase (Art. 40): Once the authorisation is granted, the family member has a non-extendable period of two months to apply for the visa at the consular office in their country of origin. The visa will be issued within one month.

4. Validity, Rights and the Renewal Innovation

The 2024 Immigration Regulations introduce substantial changes to the duration of permits:

• Right to work: The right to work is automatic and requires no additional procedures for spouses, partners and children of working age. This simplifies the administrative burden by eliminating the need to apply for separate work authorisations.
• Initial validity: Linked to the reunifying party's card (minimum one year).
• The major renewal innovation (Art. 71.6): When renewing the reunification authorisation, the new card will be valid for four years. This change breaks with previous two-year cycles, providing unprecedented residential stability for families.

5. Independence of Reunified Family Members

The regulations strengthen protection for family members, allowing them to obtain an independent authorisation in critical cases:

• Victims of Gender-Based or Sexual Violence: They will obtain an unconditional authorisation (exempt from standard economic or housing requirements) valid for five years with preferential processing.
• Breakdown of the relationship: Possible after three years of the relationship and one year of cohabitation in Spain.
• Death of the reunifying party: Allows an independent five-year authorisation if prior residence before death is proven.
• Adult children: Upon reaching 18 years of age, if they have resided in Spain for five years or have their own means.