Sheet 11 - Authorization of independent residence of regrouped relatives

* The content of this page is for guidance only. Only the provisions of the regulations in force at the time of submission of the application are applicable. 

Last Updated: May 2025

Index of contents 

  • Type of authorisation
  • Basic regulations
  • Requirements
  • Exigible documentation
  • Procedure

TYPE OF AUTHORISATION 

It is a residence and work authorization independent of the applicant that can be obtained by the holders of residence by family reunification.

BASIC REGULATIONS 

  • Directive 2003/86/EC of 22 September on the right to family reunification.
  • Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration (articles 16 to 19).
  • Royal Decree 1155/2024, of 19 November, approving the Regulations of Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration (articles 69 and 70).

https://extranjeros.inclusion.gob.es/es/InformacionInteres/InformacionProcedimientos/Ciudadanosnocomunitarios/hoja016/index.html 

REQUIREMENTS 

  • Not to be a citizen of a State of the European Union, of the European Economic Area or of Switzerland, or a family member of citizens of these countries to which the regime of citizen of the Union applies.
  • Be the holder of a temporary residence permit for family reunification.
  • Do not pose a threat to public order, safety or public health. 
  • Assumptions:  
  • If it is a spouse or reunified partner, you can obtain a residence and independent work authorization, when you have completed at least one year of residence authorization by family reunification in Spain, and meet any of the following requirements:
  • To have sufficient economic means of their own.
  • Meet the requirements required for the granting of a temporary residence and self-employment authorization.
  • To comply with the labour requirements applicable to the granting of a temporary residence permit and paid employment with the exception of the national employment situation.

Likewise, the regrouped person may obtain a residence and independent work authorization, when he/she is in one of the following cases:

  • When the conjugal bond that gave rise to the situation of residence is broken, by separation of law, dissolution of marriage, nullity or by cancellation of registration: certify a duration of the bond of three years and coexistence in Spain for at least one year, or for a shorter time in the case of having been granted custody of the common sons or daughters.
  • In the event that the person regrouped is a victim of gender violence or sexual violence, a victim of a crime of violent conduct in the family environment, a victim of trafficking in human beings by the person regrouping or a victim of the crime of abandonment of the family, minors or persons with disabilities in need of special protection: regardless of the time of residence and coexistence, there is a court order for protection or police report or the Public Prosecutor’s Office.
  • Death of the reunifying person: regardless of the time of residence and coexistence, provided that they have resided in Spain fulfilling the requirements foreseen before the death of the owner and that it is requested within six months from the date of death.  
  • If they are sons and daughters or represented when they reach the age of majority and are in one of these 2 situations:  
  • To have resided for five years in Spain.
  • Be able to prove that:  
  • It meets the requirements for the granting of a temporary residence permit and self-employment or self-employment with the exception of the national employment situation.
  • They have financial means for the granting of a temporary residence permit of a non-profit nature, that is, that can accredit 150% of the IPREM in family units that include the regrouping person and a family member regrouped, and 50% of the IPREM for each additional member.
  • If they are ascendants when they meet the requirements to modify their authorization and obtain authorization of residence and work for someone else, or for their own account, or as a highly qualified professional.
  • Pay the fee for the processing of the procedure.

EXIGIBLE DOCUMENTATION 

Note: in general, copies of the documents must be provided and the originals must be displayed at the time of submitting the application. 

  • Copy of the full passport, travel title or valid registration card.
  • Documentation that proves that it meets the required requirements, i.e.:  
  • Spouse or partner, depending on the situation, must contribute:  
  • Supposition of extinction of the link: documentation that proves the separation, dissolution of the marriage, nullity, or cancellation of the registration as a couple.  
  • Case of gender violence or sexual violence, victim of a crime of violent conduct in the family environment, victim of trafficking in human beings by the person regrouping or victim of the crime of abandonment: report of the Public Prosecutor or judicial order of protection in force.  
  • Event of death of the applicant: death certificate.
  • Children or represented, who have lived for five years: there is no need for documentation, this will be checked ex officio by the Aliens Office.
  • Spouse or partner, children or represented applying for financial means:  
  • For the granting of non-profit residence: documentation accrediting to have at least 400% of the IPREM.
  • For the granting of authorization of residence and work for others: copy of the work contract(s).
  • For the granting of residence and self-employment authorization: information can be obtained from the required documentation by consulting the information available for residence and self-employment authorization.
  • Ascendants: information on the procedure and the required documentation can be obtained by consulting the information available according to the authorization requested: modify an authorization from residence to residence and work for someone else, for their own account, for research, or for highly qualified professionals.

Important note: when documents are provided from other countries they must be translated into Spanish or co-official language of the territory where the application is presented by a sworn translator

List of sworn translators. 

On the other hand, any foreign public document must be previously legalized by the Consular Office of Spain with jurisdiction in the country in which said document has been issued or, where appropriate, by the Ministry of Foreign Affairs, European Union and Cooperation except in the case where said document has been apostilled by the competent authority of the issuing country according to the Hague Convention of 5 October 1961 and unless said document is exempt from legalization under the International Convention.

Information on translation and legalization of documents. 

PROCEDURE

  • Legitimated subject to present the application: the person regrouped, personally, except in the case of ascendants, in authorizations for employed persons, for research or for highly qualified professionals to be presented by the employer or entrepreneur, personally, or through a legitimated subject who has attributed the legal representation of the company.

Information sheet on legitimated subjects

  • Place of presentation:
  • In person, at the Immigration Office of the province in which the foreign person has fixed residence, except in the case of ascendants when the employer is the applicant, which must be presented at the Immigration Office of the province in which the activity is to be carried out.

Address information, telephone numbers and hours of service to the public.

  • Spouses and children fees: will accrue at the time of submission of the application, and must be paid within ten working days:  
  • Form 790 code 052, heading 2.2.5 “residence and independent work of the applicant”: to be paid by the foreign person.

The subscription form can be downloaded from this page.

  • Rates of ascendants: they will be accrued at the time of submission of the application, and must be paid within ten working days, the amount will depend on the type of authorization requested.
  • Deadline for the resolution of the application: three months from the day following the date on which it entered the register of the body competent to process them, except in the case of ascendants, which will depend on the type of authorization requested. Once this period has elapsed without the Administration having given an express response, it may be understood that the request has been rejected by administrative silence. (When it has not been possible to notify the resolution, it will be announced in the Single Bulletin Board (TEU). If you have opted for electronic notification or are legally obliged to use that medium, the resolution will be notified by publication in the electronic headquarters. If the resolution is not accessed within ten calendar days of its publication, it will be given as notified).  
  • When on a self-employed basis, the effectiveness of the residence and independent work permit granted is conditional on the worker being discharged from the relevant social security scheme within one month of the notification of the decision.
  • Within one month of the notification of its concession, you must personally request (in the case of minors, the representative, accompanied by the minor) the alien identity card at the competent Police Station or police services of your place of residence.

The documentation to be provided in the application for the alien identity card can be consulted at the following link:

https://sede.administracionespublicas.gob.es/procedimientos/index/categoria/34 

  • Application and validity of the independent authorization:  

The application for a separate residence permit will have to be applied for, on the basis of the specific case, within six months following: 

  • the date of notification of admission of the application for annulment, divorce or separation of rights, or of the decision to cancel the registered partnership.

If granted at the time of renewal, the authorization of independent residence will continue to enable you to reside and work without any limitation, and its duration will be four years. In case of being urged during the validity of the authorization already renewed, the concession will declare the maintenance of the authorization of which it is the owner in a personal capacity for the duration that remains.

  • the date on which reports or documentation are notified in the case of sexual or gender violence, or the victim of a crime of violent conduct in the family environment.

The authorization of independent residence will be unconditional and will continue to enable you to reside and work without any type of limitation, having a validity of five years.

  • the date of death of the reunifying person. 

The authorization of independent residence will continue to enable you to reside and work without any limitation and will be valid for five years. 

  • In the case of authorizations for independent residence granted when the conjugal bond is broken or the life of a couple ends or because of being a victim of gender-based violence or sexual violence, victim of a crime due to violent behaviour in the family environment, victim of trafficking in human beings by the person reunifying or victim of the crime of abandonment of the family, in the event that there are other family members reunified, they shall retain the authorization of residence due to family reunification and shall depend on the member of the family with whom they live.
  • Regrouped foreign persons who have residence and independent work authorization may in turn regroup their relatives provided they meet the required requirements, and in the case of ascendants, they must also have obtained long-term residence authorization. Exceptionally, they may regroup without long-term authorization when they are caring for children under or over the age of 18 who have a disability that requires support or who are not objectively capable of providing their own needs.