Learn who can obtain residency through Family Roots law in Spain and see the new rules and requirements for family roots (arraigo familiar) in 2023.
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In this post we cover the following: (click any section to see its content)
- LEGISLATION FOR FAMILY ROOTS »
- WHAT TYPE OF AUTHORIZATION IS FAMILY ROOTS? »
- REQUIREMENTS FOR FAMILY ROOTS »
- FAMILY ROOTS FOR HAVING A MINOR SPANISH OR EU CHILD OF A SPANIARD »
- FAMILY REUNIFICATION FOR FAMILY MEMBERS OF SPANIARDS »
- FAMILY REUNIFICATION FOR CHILDREN OF SPANIARDS BY ORIGIN »
- DOCUMENTATION REQUIRED TO APPLY FOR FAMILY ROOTS »
- WHERE DO I APPLY FOR FAMILY ROOTS RESIDENCE? »
- HOW DO I APPLY FOR FAMILY ROOTS RESIDENCE? »
Obtain residency through Family Roots law in Spain, Family Roots is an exceptional residence permit or authorization, granted if all requirements are met. We explain what type of authorization it is, the necessary requirements for processing, and the application and renewal procedure.
LEGISLATION FOR FAMILY ROOTS
Organic Law, of January 11 2023, on the Rights and Liberties of Foreigners in Spain and Their Social Integration, known as the Immigration Law.
Regulation of Organic Law, approved through Royal Decree, of April 20 Immigration Regulation.
Instruction on temporary residence authorizations for exceptional circumstances, when related to children of parents who were originally Spanish.2
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WHAT TYPE OF AUTHORIZATION IS FAMILY ROOTS?
Family Reunification is a temporary residence authorization for exceptional circumstances that may be granted to foreign citizens who are in Spain and are either parents of a minor of Spanish or EU nationality, or children of parents who were originally Spanish.
This type of residence permit is characterized by having a duration of one year, during which you can reside and work in Spain both as a self-employed worker and as an employee.
Like any other residence and work permit, once it nears expiration, you must renew it to continue staying in Spain completely legally.
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REQUIREMENTS FOR FAMILY ROOTS
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- Not being a citizen of a European Union State, the European Economic Area, or Switzerland, or a family member of citizens of these countries to whom Union citizen regulations apply.
- Having no criminal record in Spain and in previous countries of residence for offenses under Spanish law.
- Not being denied entry to Spain and not being considered inadmissible in the territorial space of countries with which Spain has a convention to that effect.
- Not being, if applicable, within the commitment period not to return to Spain that the foreigner assumed when voluntarily returning to their country of origin.
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Being in one of the following situations:
1) When the applicant is a parent or legal guardian of a minor of Spanish nationality, provided that the requesting parent or guardian is responsible for and cohabitates with the minor or is current with their parental obligations toward the minor. Likewise, when it concerns a person who supports a Spanish national with a disability in the exercise of their legal capacity, provided that the supporting person is responsible for and cohabitates with the person with a disability. In this case, a 5-year authorization enabling both self-employment and employment will be granted.
2) When it concerns the spouse or registered partner of a Spanish citizen. Also, when it concerns ascendants over 65 years of age or under that age and dependent, descendants under 21 years of age or over that age and dependent, of a Spanish citizen or their spouse or registered partner. A 5-year authorization enabling both self-employment and employment will be granted.
3) When it concerns children of parents who were originally Spanish.
Now let’s explain the two scenarios through which you can obtain this type of Family Reunification permit in Spain.
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FAMILY ROOTS FOR HAVING A MINOR SPANISH OR EU CHILD:
The first scenario for obtaining this permit in Spain is having a Spanish or EU child.
Having a minor Spanish child:
In this case, Family Roots is available for parents who have minor children who are Spanish citizens. After the reform of the immigration regulations, this can be processed whether you live with the child or not. If you do not live with your Spanish child, you need to prove that you meet your parental obligations, such as paying child support or adhering to agreed visitation arrangements. In this case, a residence and work authorization with a duration of 5 years is granted.
Having a minor EU child:
If you have a minor child who is an EU citizen (e.g., French, German, Italian, etc.), you can apply for this family reunification if you do not live with the child or if you live with the child but do not have sufficient economic means to apply for your EU family member card.
Important Note:
With the latest amendment to the Immigration Regulation, a new scenario has been incorporated into this Family Reunification option. Those who support a Spanish national with a disability in exercising their legal capacity, provided that the supporting person is responsible for and cohabitates with the person with a disability, can now apply for this reunification.
The second scenario through which you can apply for Family Reunification is if you are:
The spouse or registered partner of a Spanish citizen.
Ascendants over 65 years old, or under that age if they are financially dependent on a Spanish citizen or their spouse or registered partner.
Descendants under 21 years old, or over that age if they are financially dependent on a Spanish citizen or their spouse or registered partner.
In this case, a residence and work authorization with a duration of 5 years is granted.
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FAMILY REUNIFICATION FOR FAMILY MEMBERS OF SPANIARDS:
The permits residence in Spain through which you can obtain residency through Family Roots law in Spainapply, if you are:
- The spouse or legally recognized partner of a Spanish citizen.
- Ascendants over 65 years old or under that age if financially dependent on the Spanish citizen, their spouse, or legally recognized partner.
- Descendants under 21 years old or above that age if financially dependent on the Spanish citizen, their spouse, or legally recognized partner.
- In this case, a residence and work permit is granted for a duration of 5 years.
FAMILY ROOTS FOR BEING A MINOR OR EU CHILD OF A SPANIARD:
This is a scenario through which you can apply for Family Roots Residency of being the child of a parent who was originally Spanish.
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FAMILY REUNIFICATION FOR CHILDREN OF SPANIARDS BY ORIGIN:
You can obtain residency through Family Roots law in Spain by being a child of a father or mother who were originally Spanish.
Documents required to apply for this residency:
- Duly completed and signed application form in the official format , submitted in duplicate by the applicant.
- A Complete copy of the passport, travel document, or registration certificate with a minimum validity of four months.
- Certificate of criminal record issued by the authorities of the country or countries where the applicant has resided during the five years prior to entering Spain.
- Documentation confirming the family relationship and nationality.
In the case of being the parent of a minor with Spanish nationality or a minor from a European Union country, there shall be further documents required.
If you are a family member of a Spanish citizen, you must provide relevant documentation to prove the relationship, as well as documentation proving the dependent status if required based on your situation.
In the case of being a child of a parent originally from Spain:
- Birth certificate of the applicant.
- Birth certificate of the parent originally from Spain or a certificate from the Civil Registry confirming this status.
- Cohabitation with the minor or compliance with parental responsibilities.
- Payment of fees.
Keep in mind that any documents issued outside of Spain must be legalized or apostilled, and if necessary, translated by a sworn translator authorized by the Ministry of Foreign Affairs, Cooperation, and European Union to obtain residency through Family Roots law in Spain.
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DOCUMENTATION REQUIRED TO APPLY FOR FAMILY ROOTS:
- Application form in the official format, filled out and signed by the applicant, in duplicate.
- Full copy of the passport, travel document, or registration certificate with a validity of at least four months.
- Certificate of criminal records issued by the authorities of the country or countries where you have lived during the five years prior to entering Spain.
- Documentation proving the family relationship and nationality.
In the case of being a parent of a minor of Spanish or EU nationality:
- Birth certificate of the Spanish minor showing the family relationship and Spanish nationality.
- Birth certificate of the minor EU child.
- Documentation showing that you meet your parental obligations if you do not live with your child.
If you are a family member of a Spanish citizen, you need to provide relevant documentation to prove the relationship and documents that demonstrate the financial dependency if required based on your situation.
In the case of being a child of a parent originally Spanish:
- Birth certificate of the applicant.
- Birth certificate of the parent originally Spanish or a certificate from the Civil
- Registry proving this status.
- Cohabitation with the minor or meeting your parental obligations.
- Payment of the administration fees.
You should note that any documents issued outside of Spain must be legalized or apostilled, and if necessary, translated by an official translator authorized by the Ministry of Foreign Affairs, Cooperation, and European Union to be able to obtain residency through Family Roots law in Spain.
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WHERE DO I APPLY FOR FAMILY ROOTS RESIDENCE?:
You must submit the application for the Residence Authorization for Exceptional Circumstances due to Family Reunification to the Spanish government.
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Please see-here our video-blog with options and legal-advice to obtain residency in Spain.
HOW DO I APPLY FOR FAMILY ROOTS RESIDENCE?
Would you like to obtain residency through the Family Roots law in Spain?
We are a Spanish Solicitor and assist our clients with all types of residency applications.
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.
