Autorisation de séjour temporaire pour regroupement familial

Family Reunification Temporary Residence Permit

This is a Temporary Residence Permit that may be conceded to family members of foreign nationals who are resident in Spain, pursuant to their right to Family Reunification.

Criteria:

  1. Persons who are neither citizens of a country in the European Union (EU) or party to the European Economic Area (EEA) Agreement or Switzerland, and are not family members of a citizen of any of those countries wherein the regime of EU citizenship is applicable.
  2. Persons whose status as resident in Spanish territory is legal.
  3. Persons who do not have a criminal record either in Spain or in the countries in which they have previously been resident for any crimes recognised by the Spanish legal system.
  4. Persons who have not been prohibited from entering Spain and have not been listed as unwelcome within the territories of countries with which Spain is signatory to an agreement in this sense.
  5. Persons who have health cover provided either by the Social Security or by means of some kind of private health care insurance.
  6. Persons that are not suffering from any illness that might have serious percussions on public health, pursuant to the International Health Regulations (2005).
  7. Persons who, should such be the case, are presently not under an obligation not to return to Spain, assumed thereby following a voluntary return to their country of origin.
  8. Persons that have paid the fee for processing the procedure.
  9. Persons that have sufficient financial means to support the needs of the family member. It may be necessary to compute the income earned by the spouse, civil partner, or adirect first degree ascendant, resident in Spain and living with their sponsor. Any income originating from the social care system will not be computed. The minimum sums required are as follows:
  • For family units that include two members (the sponsor and the reunified family member) a monthly sum will be required that is equivalent to at least 150% of the IPREM (Public Indicator of Multiple Effect Income), amounting to 799 Euros.
  • For each additional family member 50% of the IPREM will have to be added on to the above, i.e. another 266 Euros.11. The sponsormust have been resident in Spain for at least one year and must have received authorisation to continue their stay for at least another year. In the case of the reunification of parents, the sponsor will have to be the holder of a Long-Term Residence Permit, either for Spain or the EU in general.A) The sponsor’s spouse, or the civil partner with whom the sponsor maintains a relationship similar to that of marriage. In no case may more than one spouse or civil partner be reunified. Situations of marriage and the analogous maintenance of a similar relationship with a civil partner are incompatible. In cases of second (or subsequent) marriage, the dissolution of the first (or previous) marriage will have to be validated, along with the situation of the previous spouse, or partner and his/her family members, with regard to the shared home, such alimony as may be due to the ex-spouse or civil partner and any children fruit of the said relationship.
  • The following analogous relationships will be considered as equivalent to marriage:
  • The reunified family member may be:
  • 10. Adequate housing.
  • A relationship that has been entered into the public registry, insofar as the said entry has not been cancelled.
  • Should it be the case that the validity of an unregistered civil relationship, established prior to the start of the applicant’s residency in Spain, can be demonstrated in a manner admitted by the law.C) Children are legally represented by the sponsor when they are under eighteen years of age, or are disabledand objectively incapable of providing for themselves.Such ascendants are considered to be dependent insofar as it can be validated that the sponsor has, over the previous year, transferred funds or met the expenses thereof amounting to a sum equivalent to at least 51% of the annually computed per capita GDP, of the country in which the parent or parents are resident. For the gross domestic product (GDP) of the country in question consult:E) In exceptional cases, in which humanitarian grounds exist,ascendants with less than sixty-five years of age may be reunified. Humanitarian grounds will be considered, inter alia, should the parent have lived with the sponsor in their country of origin, or should such be disabled and need to be maintained by the sponsor, or his/her spouse or civil partner, or should the ascendants be incapable of providing for themselves. Humanitarian grounds may also occur in cases where the applications of both ascendants are being jointly submitted and only one of them is over sixty-five years old.Required Documentation:paumaso@pmfadvocats.comProcedurePlace of submission: The Office of Immigration of the province in which the sponsor resides. Information on the address, phone nos. and office hours can be consulted at:Family Reunification Temporary Residence Permit Fees: Payment of fees is due on admission of the application for processing and will have to be paid within ten working days:
  • http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html
  • Legal standing for submission of the application: the sponsor, in person.
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  • PMF Advocats will provide you with an updated list of the documents that you will have to present. You can acquire this list by calling 972 22 04 75 or by sending an email to:
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  • http://www.ine.es/jaxi/tabla.do?path=/t42/p05/l0/&file=05001.px&type=pcaxis&L=0
  • D) The first degree ascendants of sponsors benefitting from Long-Term Residence in Spain or the EU, or those of his/her spouse or civil partner, insofar as such are dependent on the sponsor andare over sixty-five years of age, or due to the fact that there are grounds justifying the need to authorise the residence thereof in Spain.
  • B) The sponsor’s children and those of his/her spouse or civil partner, including adopted children (always insofar as the adoption is recognised in Spain), under eighteen years of age or suffering from some disability and objectively incapable of providing for themselves for reasons of health. In cases of children of one of the spouses, or civil partners, but not the other, then that spouse or partner must either exercise parental rights on his/her own or have awarded the guardianship thereof, being effectively  custody be considered as legal guardian or must have been granted guardianship with the child and the effective maintenance thereof.
  • Form 790, code 052 heading 2.1 “Initial Authorisation of Temporary Residence”: ...10.61 Euros.http://www.seap.minhap.gob.es/es/web/servicios/tasas.htmlhttps://boe.es/tablon_edictal_unicoShould the application be conceded, following notification thereof, reunified family members will have two months in which to personally request the visa at the diplomatic mission or consular office for the area in which reside (in the case of minors the visa application will have to be presented by their duly accredited representative).
  • Visa applications will have to be accompanies by:
  • If the electronic notification has been opted for, or in those cases where this means of notification is required by the regulations, then resolution will be notified by means of publication in the electronic office. Should the said resolution not be accessed within 10 working days, following publication, it will be assumed that notification has taken place).
  • Time Limit for reaching a Decision on the Application: Forty-five days, taken from the day following the date on which the application is entered in the registry of the competent body for processing. Should this term elapse, without notification having been received from the Administration, it shall be understood that the application has been rejected, on the basis of negative administrative silence. (When notification of the decision has not been possible, this will be announced on the TEU (Tablón Edictal Único– online Bulletin Board):
  • Printouts for payment of fees can be downloaded from the following page:
  • Valid passport or a travel document, acknowledged as valid in Spain, with a minimum duration of four months.
  • For persons of legal age that can be held criminally responsible, a no criminal record certificate, issued by the authorities of their country of origin, or by any country or countries in which they may have resided over the last five years.
  • Medical certificate.
  • An original document validating the existence of family ties and legal dependency, should such be the case.Once notification of the concession of the visa has been issued the reunified family member, should such be the case, will have to collect it in person within a period of two months, taken from the date of notification. (In the case of minors the visa can be collected by their representative).Reunified family members, within one month of arriving in Spain, will have to request, in person (or in the case of minors by his/her representative, accompanied by the minor), their Foreigner Identity Card from the Immigration Office or the Central Police Station for the province in which the authorisation has been processed. Consult the following page for information on where to go, opening hours and whether or not it will be necessary to make a prior appointment: During fingerprinting, reunified family members or their representatives, should such be the case, will have to showtheir passport or travel document to validate their identity and must also provide:
  • http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html
  • Once the visa has been collected the reunified family member will have to arrive in Spain within the period in which the visa is valid. This period mustnot exceed three months.
  • The diplomatic mission or consular office, should such be the case, will notify the concession of the visa within a maximum term of two months.
  • The official Foreigner Identity Card application form (EX–17) available from:
  •  http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/
  • The receipt for the payment of the Card Fee, amounting to 15.45 Euros.
  • Three recent, colour, passport photographs taken against a white background.
  • Should it be the case that the reunited family member is a minor, documentation that accredits the representation thereof.The duration of the Reunification Permit will be extended to the same date as that of the Permit held by the sponsor on the date of their arrival in Spain.
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  • The Family Reunification Temporary Residence Permit, issued to spouses, civil partners or children of working age, will also allow them to work, either as paid employees or self-employed, anywhere in Spain, taking on any work in any sector of activity without the need to undergo any additional administrative proceedings.