Hoja 8 - Autorización de residencia temporal por reagrupación familiar - Migrations
Sheet 8 - Authorization of temporary residence by family reunification
* 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
- Regroupable family members
- Exigible documentation
- Procedure
TYPE OF AUTHORISATION
It is a temporary residence authorization that may be granted to relatives of foreign persons residing in Spain, under the right to family reunification exercised by a foreign resident.
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 65 to 68).
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.
- Not to be found irregularly in Spanish territory.
- Lack of criminal record in Spain and in the countries where he has resided for the last five years, for crimes existing in the Spanish legislation.
- Not to appear as rejectable in the territorial space of countries with which Spain has signed an agreement in this regard.
- Do not pose a threat to public order, safety or public health.
- Not to suffer from any of the diseases that may have serious public health repercussions in accordance with the International Health Regulations of 2005.
- Not to be found, where appropriate, within the commitment period of no return to Spain that the foreign person has assumed when voluntarily returning to their country of origin.
- The applicant must have sufficient fixed and regular resources for his/her own maintenance and that of his/her family members. The minimum amounts are as follows:
- For family units that include two members (regrouping and regrouping person) a monthly amount of 150% of the IPREM is required. For each additional member, 50% of the IPREM must be added.
- This amount may be reduced in the case of minors and represented, so that it will be considered sufficient, even if the previous amount is not reached, when there is a stable source of income equal to or greater than the minimum interprofessional wage. In any case, if a family unit is two members, one being a minor, the amount to be required will be 110% of the guaranteed amount of the Minimum Vital Income on an annual basis, and for each additional minor, an additional 10% will be required.
- Have adequate housing.
- Have health insurance for the regrouping person and their family members regrouped.
- If the applicant has other dependent children of compulsory schooling age and they are already in Spain, they must attend school.
- The application for family reunification may be submitted when the foreign reunifying person has resided in Spain for at least one year and has applied for authorization to reside for at least another year, with the following exceptions:
- The applicant must be the holder of a long-term or long-term EU-residence permit granted in Spain for the reunification of his/her ascendants or the ascendants of his/her spouse or domestic partner.
- The applicant must be resident in Spain on the basis of his/her previous status as long-term EU-residents in another Member State of the European Union.
The residence permit may not be granted to the eligible family member until, depending on the situation that the applicant must have for the exercise of the right, there has been no effective renewal of the applicant’s permit, or his or her long-term residence permit or EU-long-term residence permit has been granted in Spain.
- Pay the fee for the processing of the procedure.
REGROUPABLE FAMILY MEMBERS
The family member regrouped may be:
- Spouse or person, over 18 years of age, with whom the reunifying person has a relationship of affectivity similar to the conjugal one. En ningún caso podrá ser reagrupado más de un cónyuge o pareja. Situations of marriage and a similar relationship of affectivity are incompatible. In the event of being married for the second or subsequent time, the dissolution and the situation of the former spouse or partner and their relatives in terms of common housing, pension to the spouse or partner and children must be accredited.
It is considered a relationship analogous to the conjugal one:
- When it is registered in a public register established in a Member State of the European Union and the registration has not been cancelled, or
- When the validity of a stable relationship duly proven not registered is accredited, by any means of proof admitted in law.
A properly tested stable couple is understood to mean one that sufficiently certifies a relationship of cohabitation similar to that of the conjugal couple, inside or outside Spain, of at least twelve continuous months. The prior period of cohabitation will not be required if the couple has common descendants as long as the link is maintained.
- Children of the applicant or those of his spouse or partner, under eighteen years of age at the time of application for the residence permit in his favour or over that age who have a disability that requires support, or over eighteen years of age who are not objectively able to provide for their own needs due to their state of health.
- Persons legally represented by the applicant, under eighteen years of age at the time of application for residence authorization in his/her favour or older than that age who have a disability requiring support, or older persons who are not objectively able to provide for their own needs due to their state of health, provided that the legal act from which the representative faculties arise is not contrary to the principles of Spanish law.
- Ascendant in the first degree of the regrouping person, or those of his spouse or registered or stable partner, when they are in their charge, are over sixty-five years of age and there are reasons that justify the need to authorize residence in Spain. Exceptionally, when there are humanitarian reasons, it may be possible to regroup the ascending persons under sixty-five years of age who meet the remaining established requirements.
- A son or daughter who is over the age of the regrouping person or his spouse or partner who is going to exercise the status of caretaker of the regrouping person and who has recognized some of the degrees of dependency contemplated in article 26 of Law 39/2006, of 14 December, on the Promotion of Personal Autonomy and Care for people in situations of dependency.
EXIGIBLE DOCUMENTATION
Note: in general, copies of the documents must be provided and the originals must be displayed at the time of filing the application.
- Application form in official model (EX – 02), duly completed and signed by the foreign applicant.
DOCUMENTATION RELATING TO THE REGROUPING PERSON:
- Copy of the applicant’s full passport, travel document or valid registration card.
- Copy of the documentation proving that it has sufficient employment and/or financial resources to meet the needs of the family. To do so, you can submit:
- In case of performing lucrative activity for other person's account:
- Copy of the employment contract and payroll for the last six months.
- In his case, last statement of income tax.
- In case of performing lucrative activity on your own account:
- Accreditation of the activity that it develops.
- In your case, last income tax return or the last two quarterly income tax returns.
- In case of not doing any lucrative activity in Spain: certified cheques, travel cheques or payment letters or credit cards, accompanied by a bank certification of the amount available as credit of the aforementioned card or bank certification.
- Documentation that proves the availability of a suitable home:
- This condition will be accredited with the contribution of the report issued by the competent organ of the Autonomous Community of the place of residence of the applicant. The report may be issued by the Local Corporation when so established by the Autonomous Community.
- This requirement may be justified by any means of proof admitted in law in the event that the Autonomous Community or the local Corporation has not issued and notified the report within one month from the date of the request.
In this case, the documentation provided must refer to: title that qualifies for the occupation and disposition of the house, number of rooms, use for which each of the units is intended, number of people who inhabit it and conditions of habitability and equipment. A copy of the proof of having made the request for a report must also be provided to the Autonomous Community or local Corporation.
Both the report of the competent public administration and the replacement documentation shall be maximum six months from the date of submission of the application for reunification.
- In cases of reunification of spouse or partner, responsible statement of the person reunifying that no other spouse or partner resides with him or her in Spain.
- Health insurance for the applicant and his/her eligible family members.
DOCUMENTATION RELATING TO THE FAMILY MEMBER TO BE REGROUPED:
- Full copy of the full passport or travel certificate, in force.
- Copy of the documentation accrediting the family ties or kinship or the existence of the de facto union and, where appropriate, the legal and economic dependence.
- In the event of regrouping the spouse or partner:
- Affidavit of the applicant not to reside with him in Spain another spouse or partner.
- If you are married at second or subsequent marriages, a court decision that establishes the situation of the previous spouse and their children
- In the case of children:
- If they are regrouped by a single parent: documentation proving to exercise parental authority alone, to have custody granted, or that the other parent authorizes their residence in Spain.
- If they are over the age of eighteen and are not objectively able to provide their own needs, supporting documentation.
- If they are adoptive children, resolution by which the adoption was agreed.
- In the case of represented by the regrouper:
- If they are over the age of eighteen and are not objectively able to provide their own needs, supporting documentation.
- In the event of regrouping ascendants:
- Documentation proving that the person regrouping during the last year of residence in Spain has transferred funds or supported expenses of the ascendant.
- Documentation accrediting the reasons that justify the need to authorize residence in Spain (For information, it may be presented, among other documentation, one that accredits the family, social, economic, patrimonial situation and/or the state of health of the ascendant to regroup in his country of origin)
- Where appropriate, documentation proving that there are humanitarian reasons that justify the authorization.
- Documentation accrediting guaranteed health care.
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 submitted by a sworn translator.
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
- Sujeto legitimado para presentar la solicitud: la persona reagrupante, personalmente o a través de representante.
Information sheet on legitimated subjects.
- Place of presentation:
- Presencialmente, en la Oficina de Extranjería de la provincia en la que resida la persona reagrupante.
- Telematically, through the electronic headquarters of the Ministry of Territorial Policy and Democratic Memory (Mercurio).
Address information, telephone numbers and hours of service to the public.
- Corresponding fee: it will accrue at the time of submission of the application, and must be paid within ten working days:
- Modelo 790 código 052, epígrafe 2.1.2 “autorización inicial de residencia temporal por reagrupación familiar”
The subscription form can be downloaded from this page.
- Period of resolution of the request: two months After that period without the Administration having made the notification, it may be understood that the request has been dismissed by administrative silence. (When it has not been possible to notify the resolution it will be announced in the Single Edictal 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).
- In the case of a concession, the family member who has been reunited has two months from the notification of the concession to personally apply for a visa at the Diplomatic Mission or Consular Office where he or she resides (in the case of minors, the visa application must be submitted by his or her duly accredited representative).
The visa application must accompany:
- Ordinary passport or travel title recognized as valid in Spain with a minimum validity of four months.
- Adults of criminal age: criminal record certificate issued by the authorities of the country of origin or of the country or countries in which he or she has resided during the last five years.
- Medical certificate.
- Original documentation accrediting family ties and, where appropriate, legal dependence.
- The Consular Office will notify the granting, where appropriate, of the visa within a maximum period of one month from the submission of the visa application.
- Once the visa has been granted, if applicable, the regrouped person must collect it personally within one month from the date of notification (in the case of minors it may be collected by their representative).
- Once the visa has been collected, the regrouped person must enter Spanish territory within a maximum period of one month.
- The person regrouped within one month of entering Spain, must personally request (in the case of minors, the representative, accompanied by the minor) the identity card of a foreigner at the competent Police Station or police services of his/her 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
- The authorization of residence by family reunification held by the spouse, the cohabitee and children of working age: enables them to work for an employed or self-employed person in any part of the national territory in any occupation and sector of activity without the need for any administrative procedure.
- The validity of the authorization of the applicant shall extend until the same date as the authorization of the applicant to be the owner of the applicant at the time of entry of the family member in Spain, with a minimum of one year.