residence permit of a relative of a Spanish citizen: conditions, documents, terms

A Spanish relative ’s residence permit: who is suitable

Article 94.1 of the Regulation lists who may request a permit and all begins with the condition that a person does not have the citizenship of the EU State, EEA or Switzerland (Article 93) [1]The list below is one of what needs to be proved.

For the children of a spouse or partner under the age of 18, a foreign parent must have sole custody or a second guardian must consent to a notary or authority. [1]For Spaniard children by origin (art. 93 (h)), the exception is that they are accompanied or joined by a Spaniard in Spain, and is not applicable to them. [1].

How to deliver: where, who and in what sequence

Article 97 of the Rules distinguishes three situations [1]:

• Spaniard in Spain, relative abroad. The Spanish apply for a relative to the Oficina de Extranjería of his province, either personally or through a representative. [1][2].
• Both abroad. The relative applies for a visa at the consulate himself. [1].
• Both in Spain. Exceptional case: According to article 97.1.c, in the Real Decreto 316/2026, this can be applied to relatives in article 94.1 (a) to (h), and it is the right of either of the two to file. Hoja 18 of the Ministry of Public Health, April 2026, calls for a shorter list (a, b, c, f, g, h), so check for children and parents the practice of the office. [1][2].

If the application is submitted from Spain and accepted, the applicant shall be granted a residence permit and, if age permits, work for the duration of the examination. [1][2]The decision is rendered within two months, silence means waiver [1]Once approved by TIE, request the person within a month: from the date of notification, if you are already in Spain, either from the date of entry [1][2].

On the appointment, the Delegación del Gobierno note of 20 May 2025 in Barcelona, only the application titles and not the outside representatives are received. [4]The memorial is over a year old, so check the order before you visit on Delegación. Cita previa in extranjería.

Documents for residence of a Spanish relative

Hoja 18 lists such a set: an EX-24 statement signed by an alien; a full copy of the Spanish passport or DNI; a statement that no other spouse or partner lives with a Spanish in Spain; a complete copy of the alien ’s passport; a certificate of non-judiciality from the country of residence over the past five years (if the application is not from Spain); communication documents; and dependency documents when required [2]A stable couple without registration requires proof of living together and birth certificates for common children [1][2].

Foreign public documents are translated by the juror and apostolicized or legalized through the Spanish Consulate if the release is not in effect under the contract [2]What and in what order to order is dealt with in the apostille and legalization and juror transferFor documents from Russia, Belarus, Ukraine and Kazakhstan, check in advance the coincidence of the transliteration of the name in all the papers: the discrepancy in the passport and the certificate most often leads to requerimiento.

The regulations state that the parents' dependency is assessed under article 196, including in cases where the parent is already in Spain: the statement that the dependency must take place "in the country of origin" was declared invalid by the Tribunal Supermo to the extent that it prevented the proof of the parent's dependence in Spain [1][3]Details by parent: Parental reunification.

Criminal record, 2026 trial, and what changed

The Spanish family has a rule of reduced scrutiny: past convictions do not automatically result in a refusal, and an assessment of a real, present and sufficiently serious threat to society is required (art. 98.1) [1]For relatives of (c), (g), (h) and (i) the regulations required confirmation of the absence of criminal records in any case. On 8 July 2026, the wording of articles 97.4 and 98.1 was invalid, which established automatic waivers due to criminal record without individual assessment in situations falling under article 20 of the EU Treaty on the Functioning of the EU. [3]Which cases are the ones that get into this, it's your case evaluation.

The decision does not cancel the remaining claims or automatically review the previous waivers. Whether to apply for a decision already made depends on its date, content and time for appeal: Appeal procedure.

Upon receipt: duration, extension, independent authorization

Authorization is granted for 5 years or for the duration of the Spanish ’s planned residence if shorter; if granted from abroad, it shall be valid from the date of entry [1]B. Resume it while conditions remain, applying two months before the end of the deadline or within three months after; the application shall extend the previous authorization until the decision is reached (art. 95.4) [1].

Changes must be reported within two months: address, nationality, marital status, marriage (art. 98.2). A termination of life together or a new marriage of a Spanish may be grounds for withdrawing a permit (art. 98.3) [1]After divorce, the right to separate permission may be retained if the marriage or couple has lasted at least three years and one year in Spain, or custody of the children or the right to communicate with the child in Spain. [1]I'll give you more details: divorce and residence permitFive years from now, we can move on: larga duración.

Typical Errors

• The Spanish family and the EU are on the run, and the EU is deciding for the map whether the Spaniard has exercised his freedom of movement. map of the family of an EU citizen.
• They serve without confirmation of a life together, although article 94.1 begins with "siempre que convivan" [1].
• For a couple without registration, they're looking at 12 months in the eye. [1][2].
• Bring a marriage certificate without apostille and translation [2].
• The Spanish does not indicate that he is already remarried, nor does he produce documents for the dissolution of the previous marriage, with the settlement of the dwelling and maintenance (art. 94.1.a). [1].
• They wait for a decision without checking the notifications: 10 calendar days without the opening of the electronic notice are tantamount to a refusal to receive it; the timing and calendar are dealt with in the article on the timing of UGE and extranjería.
• They think that registration of marriage gives permission to live automatically. [1].

When Individual Review Is Needed

A review is needed if there is a conviction or previous refusal, a parent over 65 years old is already in Spain, a marriage is recently concluded or outside the EU, a child has one foreign parent, a relative's dependence is not proved by the money alone, or you are not sure what regime to apply. The result here depends on the facts.

What can we help you with?

The NEXO team checks whether your relative fits one of the categories of article 94, prepares a list of documents and a translation and apostilles, prepares a package with the team's lawyer and escorts it before issuing a map. ConsultationIII. Service page: familyrouting list Familygeneral order: Residence permit in BarcelonaII. Overview of regimes: Family reunification in Spain.

Frequent issues

Related materials

The source is viewed on 02.10.2026 · NEXO · Drafting Draft · Sources do not replace individual legal advice.