Understand here how to obtain residency through family roots in Spain.
In this guide, we investigate the ways avenues to obtain residency in Spain through your family in Spain
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In this post we cover the following: (click any section to see its content)
Methods on how to obtain residency through family roots in Spain:
- TYPES OF FAMILY ROOTS RESIDENCY AUTHORISATION »
- BEING THE PARENT OF A SPANISH CHILD »
- BEING RELATIVE OF A SPANISH CITIZEN »
- BEING A CHILD OF SPANISH NATIONAL »
- RENEWING FAMILY ROOTS RESIDENCY »
- ALL TYPES OF RESIDENCY AVAILABLE IN SPAIN »
- SCHEDULE AN APPOINTMENT WITH A SOLICITOR »
TYPES OF FAMILY ROOTS RESIDENCY:
Family Roots Residency is a work and residence authorization granted to individuals who can demonstrate ties to a Spanish citizen.
Currently, there are two different avenues to apply for this type of permit in Spain:
- When it comes to being the parent or guardian of a Spanish minor or EU national, provided that the parent or guardian applicant is responsible for and lives with the minor or is up to date with parental obligations. Likewise, when it comes to supporting a Spanish national with disabilities in exercising their legal capacity, provided that the supporting applicant is responsible for and lives with the person with disabilities. In this case, a five-year authorization will be granted, allowing both employed and self-employed work.
- Alternatively when it comes to being the spouse or registered partner of a Spanish citizen. Also, when it comes to ascendants over 65 years of age, or under 65 years old who are financially dependent, descendants under 21 years of age, or over 21 years old who are financially dependent, of a Spanish citizen, or their spouse or registered partner. A five-year authorization will be granted, allowing both employed and self-employed work.
BEING THE PARENT OF A SPANISH CHILD:
Being the parent of a Spanish or EU minor is one of the two ways through which we can obtain a Residence Authorization for Exceptional Circumstances, through Family Roots.
To apply through this route, we need to meet, among other requirements:
- Living with our minor Spanish or EU child, or if there is no cohabitation, being up to date with our parental obligations, meaning that we comply with visitation schedules, child support and payments, etc.
- Living with your EU (non-Spanish) child but not having the financial means to obtain a Family Member Residence Card.
Important Note: With the latest immigration regulation reform, a new provision has been added to Family Roots where individuals who provide support to a Spanish national with disabilities in exercising their legal capacity may apply for this residency, provided that the supporting person is responsible for and lives with the person with disabilities.
BEING THE RELATIVE OF A SPANISH CITIZEN:
With the entry into force of the Immigration Regulation Reform, relatives of Spaniards are now eligible for Family Roots instead of applying for a Family Member of a Union Citizen Card. The following individuals can apply:
- The spouse or registered partner of a Spanish citizen.
- Ascendants over 65 years of age, or under 65 years old who are financially dependent, of a Spanish citizen, or their spouse or registered partner.
- Descendants under 21 years of age, or over 21 years old who are financially dependent, of a Spanish citizen, or their spouse or registered partner.
This residence authorization granted is valid for 5 years and allows to be both employed and self-employed in work.
BEING A CHILD OF SPANISH NATIONAL:
The second way to process and obtain this Residence Authorization for Exceptional Circumstances, Family Roots Authorisation, is when we are the child of a parent who was originally Spanish.
In this case, we must prove that our mother or father has been or is Spanish, and furthermore, that they were originally Spanish. In this scenario, we must demonstrate both requirements.
In this regard, it is important that before applying for Family Roots Residency, you ensure that your mother or father was or is Spanish and also originally Spanish.
How can you prove that my mother or father is Spanish and originally Spanish? You can prove that the nationality of your father or mother is originally Spanish through their Birth Certificate. You can also prove that you fit into this scenario through a certificate from the Civil Registry confirming this condition.
Today, it is very common to encounter individuals under this scenario whose parents acquired nationality through the well-known Historical Memory Law.
RENEWING FAMILY ROOTS RESIDENCY:
The process for renewal is that the residency must modified to be able to be able renew this permit, and the corresponding Foreigners’ Office will have certain requirements.
It wont be the first time that we encounter people who hold a Family Roots permit that they cannot modify or renew because they do not meet the established requirements, thus there is a real risk of not being able to stay in Spain when the renweal is required.
If you have obtained your roots because you have a child of Spanish nationality or are the spouse, partner, parents, or children of Spanish citizens, the duration of said Family Roots is five years, so when renewing it, you must meet the relevant requirements to process a Long-Term Residence Authorization.
Family Roots permits can pose challenges for renewal with its requirements of compliance with Social Security requirements and financial stability for renewal.
The family roots residence application itself and its renewal can be challenging. Contact-us-here for guidance in these applications.
ALL TYPES OF RESIDENCY AVAILABLE IN SPAIN:
- Golden-Visa Spain (Spain citizenship by investment)
- Non-Lucrative visa Spain (Spain visa non lucrative)
- Self-Employed visa Spain (self employed expats in Spain)
- Digital-Nomad visa Spain (remote worker in Spain)
Please see-here our video-blog with options and legal-advice to obtain residency in Spain.
Remember that immigration procedures and immigration regulations change regularly, so it’s crucial to stay updated with the latest information from reliable sources. If you have specific questions or concerns about your situation, it’s advisable to consult with immigration authorities or legal professionals specializing in immigration matters, to do this, please click-here »
DO YOU REQUIRE ASSISTANCE TO APPLY FOR RESIDENCY IN SPAIN?
We are a Spanish Solicitor and assist our clients with all types Spanish legal processes.
Permanent residency is obtained after 5 years of Spanish Residency through Self-Employed Residency, Digital-Nomad, Non-Lucrative Residency or Golden-Visa. This followed by 5 years as a permanent resident in Spain and means you can then obtain Spanish Citizenship with a Spanish Passport.
