Residency for family members of Spanish citizens
The residencia de familiar de español is a residence permit for foreign family members of Spanish citizens: spouses, partners, children, parents of Spanish minors and several other relatives. Introduced by the new Immigration Regulation (RD 1155/2024, arts. 93-98) and in force since 20 May 2025, it replaced the old fork between the EU family member card and arraigo familiar. The card is issued for 5 years at once, carries full work rights, and the procedure itself is free of state fees.
Contents
- What it is in plain terms
- Who it is for
- Who counts as family (art. 94.1 RD 1155/2024)
- Requirements in 2026
- Right to work
- How the process works
- How it differs from the tarjeta comunitaria and arraigo familiar
What it is in plain terms
This is a residence permit for non-EU nationals who have a family relationship with a Spanish citizen. It is governed by articles 93 to 98 of the current Immigration Regulation (RD 1155/2024) and has applied since 20 May 2025. The card is issued for 5 years at once and carries full work rights, employed or self-employed. Before the reform, these families were split between the EU family member regime (tarjeta comunitaria) and arraigo familiar; there is now a single dedicated route for families of Spanish citizens.
Who it is for
It suits spouses and partners of Spanish citizens, their children, parents of Spanish minor children (a profile that previously went through arraigo familiar), dependent ascendants and children of Spaniards by origin. It is not for family members of a foreign resident of Spain, whose route is family reunification, nor for family members of citizens of other EU countries, who remain under the EU citizen regime (tarjeta comunitaria).
Who counts as family (art. 94.1 RD 1155/2024)
The following categories can apply, provided they live with the Spanish citizen, accompany them or join them in Spain (except children of Spaniards by origin, who are exempt from this condition):
- The spouse over 18, as long as the marriage has not been dissolved or annulled and was not entered into in fraud of law.
- A registered partner over 18: a relationship analogous to marriage, entered in a public registry of an EU or EEA country or Switzerland.
- A stable unregistered partner over 18: a duly proven cohabitation analogous to marriage of at least 12 continuous months, inside or outside Spain. The prior cohabitation period is waived if the couple has common children. Marriage, registered partnership and stable partnership are mutually incompatible: an application can rely on only one of them.
- Children (of the citizen or of their spouse or partner) under 26, or older if they are dependent or have a disability requiring support.
- Parents (of the citizen or of their spouse or partner), where they are dependent on them and lack family support in the country of origin, or for humanitarian reasons.
- The father, mother or guardian of a Spanish minor, provided the applicant supports the child and lives with them or fulfils their parental obligations. This is where the core audience of the old arraigo familiar has moved.
- One relative up to the second degree who provides the care required by a Spanish citizen with an officially recognised degree of dependency (art. 26 of Law 39/2006).
- Children of Spaniards by origin (españoles de origen), including where the parent has since lost the nationality.
- Other family members not covered above, where it is reliably proven at the time of application that they are in the citizen’s care.
Requirements in 2026
- Not be a national of an EU or EEA country or Switzerland.
- A documented family link with the Spanish citizen (marriage or birth certificates, partnership registry extract); foreign documents need an apostille or legalisation and a sworn translation.
- Criminal record certificate from the countries of residence over the last 5 years.
- No entry ban, no listing as inadmissible under Spain’s international agreements, and no active voluntary-return commitment.
- Not pose a threat to public order, public security or public health. A medical certificate is not required when applying from within Spain; on the consular route it may be requested.
- For dependency-based categories: evidence of genuine and sustained reliance on the Spanish citizen (money transfers, paid expenses, cohabitation, lack of support at origin).
- In case of remarriage: proof that previous marriages were dissolved, plus the citizen’s sworn declaration that no other spouse or partner resides with them in Spain.
- There is no formal income threshold and no private health insurance condition for this permit.
Right to work
The status gives full work rights: employed or self-employed, anywhere in Spain, in any occupation or sector, with no additional administrative procedures, from the minimum working age. A major practical advantage: spouses, partners and children (categories a to d) are provisionally authorised to work from the moment the application is filed, on the basis of the filing receipt (resguardo), conditional on the application later being approved. Holders also keep the card if they start working, and can exercise their own right to family reunification under the general rules (art. 95.2 of the Regulation).
How the process works
The route depends on where the family is. Spouses, partners, the parent of a Spanish minor, caring relatives and children of Spaniards by origin can file directly at the Oficina de Extranjería while in Spain. Children, ascendants and “other family members” generally go through the Spanish consulate. A transitional window that let parents and adult children already in Spain apply without a visa ran for 6 months from 20 May 2025 and is now closed.
Step-by-step process
- Identify your category under art. 94.1 and the correct place of filing - this is the first and main fork, and getting it wrong means a refusal on formal grounds.
- Prepare the file: form EX-24, passports, the citizen’s DNI, documents proving the link, the criminal record certificate, and dependency or cohabitation evidence depending on the category. Foreign documents need an apostille or legalisation plus a sworn translation.
- File. From Spain: at the Oficina de Extranjería of your province or online via the Mercurio platform. From abroad: the foreign relative files at the consulate, or the Spanish citizen files at the Extranjería office of their province, and after approval the relative applies for the visa at the consulate within 1 month.
- Processing takes 2 months. No answer counts as a refusal (silencio negativo). From the moment of filing, the family may remain in Spain, and spouses, partners and children may work provisionally.
- After approval (and entry, if the application went through the consulate): within 1 month, book the police appointment, give fingerprints and collect the TIE card.
Timeline and costs
Timeline: the resolution deadline is 2 months from filing or from receipt of the consular file. The TIE card must be requested within 1 month of the notification of approval or of entry into Spain. Costs: the procedure itself is free, no state fee is charged for this authorisation (the TIE card carries a separate small fee, so confirm the current figure when you apply). The real costs are apostilles and sworn translations of foreign documents, plus optional professional support.
Renewal and path to permanent residency/citizenship
The card is valid for 5 years from the grant date (from the date of entry if you applied from abroad). If the permit was issued for a shorter period because the Spanish citizen planned a shorter stay, it is renewable for 5 years while the conditions continue: file within 2 months before expiry or 3 months after, and the card remains valid until a decision. The underlying conditions (marriage, cohabitation, dependency) must be maintained throughout, though the law rules out systematic checks. After 5 years you can move to long-term residency. For citizenship, spouses of Spaniards have a separate advantage: 1 year of legal residence in Spain while married is enough, see the page on Spanish citizenship. Keep taxes in mind too: more than 183 days in Spain in a calendar year makes you a tax resident who must declare worldwide income.
Common mistakes
- Choosing the wrong route: filing for arraigo familiar or the tarjeta comunitaria where, since May 2025, this permit is the correct path, and vice versa.
- Stable partnership without a proper evidence base: 12 months of cohabitation must be shown as a coherent picture (empadronamiento, rental contracts, joint accounts), not a pile of loose papers.
- Dependency “manufactured” just before filing: last-minute transfers do not convince, reliance must be sustained and pre-existing.
- Documents without an apostille or a sworn translation, or an expired criminal record certificate.
- Filing from inside Spain in a category that must use the consular route (children, ascendants, other family members).
- Undisclosed previous marriages: without proof of their dissolution, a spouse-based application will not go through.
How it differs from the tarjeta comunitaria and arraigo familiar
The tarjeta comunitaria remains for family members of citizens of other EU countries living in Spain. Arraigo familiar survived the reform only in a narrow form within the exceptional circumstances block (arts. 124 and following). Families of Spanish citizens, including parents of Spanish minor children, now follow this dedicated route: a 5-year card, full work rights and a fee-free procedure. If you were searching for “arraigo familiar as the parent of a Spanish child”, this permit is most likely what you actually need.
Frequently asked questions
Who qualifies as a family member of a Spanish citizen?
The spouse, a registered partner or a proven stable partner, children under 26 (older if dependent or with a disability), dependent parents of the citizen or their partner, the parent or guardian of a Spanish minor, a relative caring for a Spanish citizen with recognised dependency, children of Spaniards by origin, and other relatives who are genuinely in the citizen's care.
How long is the card valid?
The authorisation is valid for 5 years from the date it is granted, or from the date of entry into Spain if you applied from abroad. If the Spanish citizen plans to stay in Spain for a shorter period, the permit matches that period and is later renewable for 5 years while the conditions continue. After 5 years you can move to long-term residency.
Does this permit allow you to work?
Yes, in full: employed or self-employed, anywhere in Spain, in any occupation or sector, with no extra paperwork, from the ordinary minimum working age. On top of that, spouses, partners and children are provisionally authorised to work from the moment the application is filed, on the strength of the filing receipt, until a decision is issued.
Can you apply from inside Spain?
Spouses, registered and stable partners, the parent or guardian of a Spanish minor, caring relatives and children of Spaniards by origin can file at the Oficina de Extranjería while in Spain with the Spanish citizen. Children, ascendants and other extended family members generally follow the consular route from their country of residence.
Do you need to prove income and health insurance?
No formal income threshold or private insurance requirement applies to this permit, which sets it apart from family reunification and the non-lucrative visa. In the dependency-based categories, however, you must prove genuine reliance on the Spanish citizen: money transfers, paid expenses, cohabitation, and the absence of family support in the country of origin.
How long does processing take and what does it cost?
The resolution deadline is 2 months from filing, or from receipt of the file sent by the consulate. Administrative silence counts as a refusal (silencio negativo). The procedure itself is free: no state fee is charged for this authorisation. Real costs come down to apostilles, sworn translations and optional professional support.