Residence for Family Members of Spanish Citizens: Requirements and Application

By Nodisea Legal Team·June 23, 2025·9 min read

Updated: 6 October 2026

Residence for family members of Spanish citizens allows qualifying relatives from outside the EU, EEA and Switzerland to live in Spain through a specific family residence route.

The application depends on your relationship with the Spanish citizen and where you both live. A spouse applying from Spain, a family moving together from abroad and a dependent relative joining someone already in Spain may follow different procedures.

This guide explains eligibility, documents, application locations and work rights under the rules in force in October 2026.

What is the residence permit for family members of Spanish citizens?

This authorization is regulated by Articles 93–99 of Royal Decree 1155/2024. It is generally granted for five years, although a shorter period may apply when the Spanish family member plans a shorter residence in Spain.

Once effective, it allows employment and self-employment throughout Spain, subject to the legal working age. A separate work permit is not required.

The family relationship and applicable conditions must continue to be met. Obtaining the permit is not the same as obtaining Spanish citizenship.

Who can apply?

The main eligible categories are:

Family member	Main condition
Spouse	An adult spouse in a valid marriage, without divorce, annulment or fraud.
Registered partner	An adult unmarried partner with an active qualifying registration in an EU or EEA state or Switzerland.
Unregistered stable partner	An adult unmarried partner who can prove a stable relationship.
Children	Children of the Spanish citizen or qualifying spouse or partner who are under 26, or older children meeting dependency or disability conditions.
Parents	First-degree direct ascendants of the Spanish citizen or qualifying spouse or partner, meeting dependency and lack-of-family-support conditions, or humanitarian grounds.
Parent or guardian of a Spanish minor	A person responsible for the child who lives with them or fulfils their obligations towards them.
Family caregiver	One relative up to the second degree who provides or will provide care to a Spanish citizen with officially recognised dependency.
Children of Spaniards by origin	Children whose father or mother is or was Spanish by origin.
Other dependent relatives	Other family members who can reliably prove that they are dependent on the Spanish citizen.

For the ordinary children category, the child must live or intend to live with the family and must not be married or have formed their own family unit. Children with their own family unit require a separate assessment under the other-dependent-relatives category.

Adoption, custody and parental consent documents may also be necessary, especially for a partner’s minor children.

How do you prove a stable unmarried relationship?

The regulation recognises a relationship similar to marriage supported by at least twelve continuous months of cohabitation, inside or outside Spain.

That previous cohabitation period is not required if the couple has a child together and the relationship continues. The relationship still needs evidence.

Useful records can include joint address registrations, leases and other documents showing a shared household over time. Personal photos or messages alone may leave important gaps.

Our guide to civil partnership vs marriage in Spain explains how formalising the relationship can affect the evidence required.

Where should you apply?

The starting point depends on where the Spanish citizen and their relative are located.

Situation	Application route
Spanish citizen in Spain; relative abroad	The Spanish citizen applies to the Immigration Office in their province. After approval, the relative applies for the residence visa at the competent Spanish consulate.
Both outside Spain and planning to move	The foreign relative applies through the competent Spanish consulate. The visa application also initiates the residence authorization process.
Both in Spain	Eligible relatives under Article 94.1(a)–(h) can apply to the Immigration Office in the province where they live or intend to live. Either the Spanish citizen or the foreign relative may submit the application.

The April 2026 amendment expressly included qualifying adult children and parents in the in-country procedure.

The “other dependent relatives” category under Article 94.1(i) is not included in that in-country provision. Check the correct procedure before planning entry or filing an application.

For applications to Extranjería, electronic submission may be available through Mercurio. Consular appointments and submission arrangements depend on the relevant consulate.

Which documents do you need?

Prepare the documents for your family category and application location. The core file normally includes:

The completed and signed EX-24 application form.
A complete copy of the foreign relative’s valid passport or travel document.
The Spanish citizen’s valid DNI or passport.
Marriage, partnership, birth or other records proving the relevant family relationship.
For spouses or partners, the Spanish citizen’s declaration that no other spouse or partner lives with them in Spain.
Evidence of dependency, disability, recognised care needs or humanitarian circumstances where the category requires it.
Additional custody, adoption or relationship documents where relevant.

You can access the current EX-24 through the Ministry’s official application forms.

For adult consular applicants, the file normally also requires criminal record certificates covering the relevant countries of residence during the previous five years, a medical certificate and the consulate’s visa documentation.

A medical certificate is not required for the residence application made from within Spain under this procedure. Background and public-security checks still apply.

Foreign public documents may need an apostille or diplomatic legalisation, together with an accepted official translation. Exemptions can apply, so check the issuing country and document type using the Ministry’s legalisation and translation guidance.

Are income and private health insurance always required?

This Spanish-citizen family permit does not impose the ordinary family reunification IPREM threshold or a private health insurance policy as universal requirements for every applicant.

However, financial evidence matters when the category depends on being supported by the Spanish citizen. A parent or another dependent relative needs evidence appropriate to their circumstances.

Dependency must be genuine and supported by records. A family relationship or an isolated transfer of money does not, by itself, establish a sustained need for support.

Can you work while the application is pending?

For qualifying applications made when both family members are in Spain, the current rules provide provisional residence and work authorization once the application is admitted for processing.

The work authorization covers employment and self-employment for applicants of working age. The communication starting the procedure should state that provisional work is authorised.

An exception applies where an application of the same type has already been rejected or ruled inadmissible on substantially identical facts. If the application is refused, the provisional work authorization ends.

Check the admission notice before starting work; uploading an application is not the same as receiving that notice.

How long does the application take?

The Immigration Office has a legal decision and notification period of two months from submission. Where both relatives apply through a consulate from abroad, the residence decision period runs from the Immigration Office’s receipt of the consular communication.

If no response is received within the applicable period, the residence application is deemed refused by administrative silence. It is not automatically approved.

The visa stage has its own timetable. Where prior residence approval is supplied, the regulation provides a fifteen-day consular decision period. Appointment availability and requests for additional information can affect the overall timetable.

If the Spanish citizen obtained approval in Spain while the relative remained abroad, the relative must apply for the residence visa within one month of notification of that approval.

What happens after approval?

For a successful application made from Spain, request the Foreigner Identity Card, or TIE, within one month of notification.

For the overseas route, obtain the required residence visa, enter Spain during its validity and request the TIE within one month of entry.

The residence authorization and its corresponding family residence visa are free of charge. The TIE and document preparation can involve separate costs.

Keep track of the permit’s expiry and changes to the family circumstances. Long-term residence may become available when the applicable residence requirements are met; it is not granted automatically when the card expires.

Does a criminal record automatically prevent approval?

A blanket answer would be inaccurate.

Public-order and security rules still apply, and background documents may be required. However, a Supreme Court judgment published in September 2026 annulled automatic refusal without individual assessment in cases protected by Article 20 of the Treaty on the Functioning of the European Union.

The judgment also removed the restriction that prevented a parent’s economic dependency from being established when that parent was already in Spain.

These changes do not eliminate the remaining eligibility requirements. Applications involving convictions or disputed dependency need an assessment of the specific family situation.

Is this the same as an EU family member card?

The Spanish-citizen family authorization and the EU family member residence card are separate routes.

A Spanish citizen returning after exercising qualifying EU free movement rights may have access to the EU family route as an alternative. That requires evidence that the free movement conditions were met.

Ordinary family reunification for a non-EU resident follows another framework, explained in our family reunification in Spain guide.

If you are comparing options for an international couple, our guide to moving to Spain with a non-EU partner provides an initial overview.

Frequently asked questions

Can I apply if I am already in Spain without a valid residence permit?

An irregular stay does not automatically exclude a qualifying in-country application under Article 97.1(c). You must still meet the family-category requirements and other applicable conditions.

Do all relatives receive a five-year permit?

Five years is the general duration. A shorter permit may apply where the Spanish family member’s planned residence is shorter.

Does marriage automatically give me residence?

No. You must apply through the correct procedure and provide the required evidence.

Legal review: Francisco Javier Theuer Carmona, immigration lawyer and member of the Granada Bar Association (ICAGR 7984).

Last reviewed: 6 October 2026

How can Nodisea help?

Nodisea can assess the appropriate family route, review relationship and dependency evidence, and help coordinate residence, visa and TIE steps.

Before preparing your file, identify your family category, confirm where the application belongs and check which documents require translation or legalisation.

Book a free 15-minute immigration consultation to discuss your circumstances.