Temporary Residence for Family Members of Spanish and EU Citizens

Both the residence card for family members of EU citizens and temporary residence for family members of Spanish nationals are figures designed to protect family unity and facilitate the integration of foreign nationals, but they are governed by different legal frameworks: the Community Regime and the General Foreign Nationals Regime.

Below is a comprehensive analysis of both figures:

1. Residence Card for Family Members of EU Citizens

• Who must apply and for what purpose: The eligible parties are non-EU family members of EU, European Economic Area (EEA) or Swiss citizens (including spouses, registered or de facto partners, descendants under 21 or dependent, and dependent ascendants). Its purpose is to enable them to reside and work in Spain on equal terms with nationals.
• Why it is necessary: Processing is mandatory for family members intending to reside in Spain for a period exceeding three months.
• Main characteristics: Its nature is declarative; that is, the card does not grant the right to reside, but certifies a right that already exists and is recognised by European treaties. It is valid for 5 years (or for the period of residence planned for the EU citizen if shorter) and grants full access to the labour market, allowing both employed and self-employed work without any additional authorisation.

2. Temporary Residence for Family Members of Spanish Nationals

• Who must apply and for what purpose: This authorisation is specifically aimed at non-EU family members of Spanish citizens. It covers spouses (over 18), registered partners, unregistered stable partners (with at least 12 months of continuous cohabitation or children in common), descendants under 26 (or older if they require support due to disability), dependent direct ascendants, parents or guardians of Spanish minors, and even family carers of dependent Spanish nationals. The purpose is to guarantee family unity and grant them a permit to reside and work in the country.
• Why it was created: The legislator created this figure to provide family members of Spanish nationals with their own comprehensive and secure status. Previously, the exceptional family arraigo figure was used, which had significant limitations (it did not clearly regulate the right to reunite other family members or what happened if the relationship ended).
• Main characteristics: It is a constitutive authorisation granted by the Spanish State with a general validity of 5 years. It enables employed and self-employed work anywhere in Spain and in any sector, without regard to the National Employment Situation. Unlike the old arraigo, it allows the holder to exercise their own right to family reunification.

3. Similarities and Differences

Similarities:

• Access to employment: Both authorisations allow work from the outset without geographical or sector restrictions, both self-employed and employed.
• Duration: Both cards are issued with a general validity of 5 years.
• Protection and independent residence: Both regulations guarantee that the foreign family member can retain their residence independently in the event of death of the Spanish or EU citizen, in cases of annulment or divorce (if the relationship lasted at least 3 years, one of them in Spain), or if the foreign national is a victim of gender-based violence, sexual violence or human trafficking.

Differences:

• Nature of the document: While the EU card is a declarative document of a pre-existing European right, residence for family members of Spanish nationals is an administrative authorisation granted by Spain.
• Age of descendants: This represents a major practical difference. The regime for family members of Spanish nationals allows reunification of descendants up to 26 years of age, while under the EU regime the general age limit is 21 (requiring strict proof of economic dependency from that age onwards).