Family Reunification in Spain: Navigating the Complexities for Expats

For expatriates residing in Spain, the process of family reunification can be a complex and daunting task. Here is a detailed guide to help you understand the requirements and procedures involved in bringing your family members to join you in Spain.

Eligible Family Members

The Spanish family reunification visa is designed for family members of foreigners who already hold legal resident status in Spain. This visa does not apply to family members of EU citizens, EEA members, or Swiss nationals.

Eligible family members include: - The spouse or partner, provided the relationship is not separated in fact or in law. For unmarried couples, the relationship must be analogous to a marital relationship, either registered in a public register or proven through continuous cohabitation established before the applicant settled in Spain[1]. - Children, including adopted children, stepchildren, and those under legal guardianship of the applicant. These children must be under 18 years old or have disabilities that prevent them from providing for their own needs[1]. - Parents and parents-in-law, if they are in the care of the applicant, are over 65 years old, and there are substantiated reasons for their residence in Spain. In exceptional cases, parents under 65 may also be permitted to reunify for humanitarian reasons[1].

Application Process

To apply for a family reunification visa, several steps and documents are required:

Appointment and Jurisdiction

Applications must be submitted in person by appointment only, through the relevant Spanish consulate. For example, residents in the Midwest region of the United States would need to apply through the Consulate of Spain in Chicago, which covers Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin[1].

Required Documents

• Initial Family Reunification Permit: The original and a copy of the initial family reunification permit issued by the Delegation or Sub-delegation of the Government in Spain[1].
• Residence Card: A certified photocopy of the applicant's Foreigner Identification Card, which must be unexpired[1].
• Proof of Family Relationship: This includes marriage certificates, birth certificates, and other relevant documents. For example, spouses need to provide the original and copy of the marriage certificate, while children require the original and copy of their birth certificate. Parents must provide birth certificates and documents substantiating the need for their residence in Spain[1].

Additional Requirements

• Financial Proof: For parents, proof must be provided that the applicant has transferred funds or covered expenses for the parent, representing at least 51% of the per capita GDP of the parent's country of residence over the past year. Additionally, information on the parent's annual income and properties owned must be submitted[1].
• Translation and Apostille: Foreign marriage and birth certificates must be apostilled and, where applicable, translated into Spanish by a certified translator[1].

Humanitarian Considerations

In some cases, family reunification can be granted on humanitarian grounds. For instance, parents under 65 may be allowed to join their children in Spain if there are compelling humanitarian reasons. This flexibility underscores the importance of considering the well-being and needs of all family members involved in the reunification process[1].

Conclusion

Navigating the family reunification process in Spain requires careful attention to detail and adherence to specific requirements. By understanding who is eligible, the necessary documents, and the application process, expats can successfully bring their loved ones to join them in Spain. This process, while complex, is a crucial step in reuniting families and ensuring a smoother transition for all involved.