• The permit may be granted for up to five years.
• It covers spouses, partners, children, certain ascendants, carers and other qualifying relatives.
• The application form is EX-24.
• The official decision period is two months.
• Once granted, the permit allows employed or self-employed work in Spain.

Residence in Spain for Family Members of Spanish Citizens

The residencia temporal de familiares de personas con nacionalidad española allows certain foreign relatives of Spanish citizens to live in Spain and, once granted, to work without a separate work permit. Introduced by Real Decreto 1155/2024, it is governed by Articles 93 to 99 of the Immigration Regulations and is now the main route for many non-EU relatives of Spanish citizens.

What is this permit?

It is intended for non-EU, non-EEA and non-Swiss citizens who have a recognised family relationship with a Spanish citizen. As a general rule, the relationship must continue and the relative must accompany, join or live with the Spanish citizen in Spain. The permit may be valid for up to five years and allows employed or self-employed work.

Which relatives may apply?

Spouse and registered partner

A spouse aged over 18 may apply while the marriage remains valid and was not entered into fraudulently. Earlier marriages may need to be shown to have ended. An adult partner registered in a recognised EU, EEA or Swiss public register may also apply while the registration remains valid.

Unregistered durable partner

Registration as a pareja de hecho is not essential. A durable relationship may be established through at least 12 continuous months of marital-type cohabitation. This period is not required where the couple have children together and the relationship continues.

Children

The Spanish citizen's children and, subject to conditions, those of their spouse or partner may qualify if they are under 26, over 26 and dependent, or have a disability requiring support to exercise their legal capacity. For a spouse's or partner's children, that spouse or partner must also live or intend to live in Spain.

Ascendants

Parents of the Spanish citizen and certain ascendants of their spouse or partner may qualify if they are dependent and lack adequate family support in their country of origin, or if humanitarian grounds exist. Dependence is presumed from age 80. Serious illness or a substantial loss of autonomy may also be relevant.

Parent or guardian of a Spanish minor

A person responsible for a Spanish minor may apply if they live with the child or are up to date with their obligations towards the child.

Carer, children of Spaniards by origin and other dependants

A relative up to the second degree may qualify to provide necessary care to a Spanish citizen with legally recognised dependency. A separate category covers children whose father or mother is or was Spanish by origin, without the usual age limit. Other relatives may qualify where genuine dependence on the Spanish citizen is sufficiently proven and existed before the application.

General requirements

The applicant must fall within an eligible category, remain in the relevant family relationship, not be an EU, EEA or Swiss citizen, not pose a threat to public order or security, not be subject to an applicable no-return undertaking, meet any health requirements and have no relevant criminal record under the applicable rules. Exact requirements vary by relationship.

What does “dependent” mean?

Dependence must be genuine and stable, financial or physical, and must not have been created artificially to obtain residence. Authorities may consider the relative's financial position and assets, the regularity and duration of support, the basic needs covered and the sponsor's resources.

A favourable presumption exists where, for at least the year before applying, the relative received funds or had expenses paid equal to at least 51% of the annual per-capita GDP of their country of origin, using World Bank data. This is not the only way to prove dependence; each case must be assessed individually. The Spanish sponsor must also have resources consistent with providing that support.

Documents

Applications normally include form EX-24, the applicant's complete valid passport, the Spanish citizen's DNI or passport, proof of the family relationship and documents specific to the relevant category. These may include marriage or birth certificates, partnership registration, guardianship decisions, proof of cohabitation, common children's birth certificates, transfers, payment of expenses, lack of family support in the country of origin, physical dependence or humanitarian grounds.

When applying from outside Spain, a criminal-record certificate is normally required from countries where the applicant lived during the previous five years. Requirements may differ for applications made from within Spain. Foreign documents may require an official translation, apostille or legalisation unless an international agreement provides an exemption.

How is the application submitted?

Spanish citizen in Spain; relative abroad

The Spanish citizen may apply to the Oficina de Extranjería for their place of residence. After approval, the relative normally has one month from notification to apply for a visa at the competent Spanish consulate and then travel to Spain.

Both are outside Spain

If both intend to move to Spain, the relative may apply through the competent Spanish consulate.

Both are in Spain

Certain categories may apply directly from Spain, including spouses, registered and durable partners, parents or guardians of Spanish minors, certain carers and children of Spaniards by origin. Instrucciones SEM 2/2025 also permit applications from Spain for certain qualifying children and ascendants. This option does not automatically apply to every relative. Where available, the application may be filed with the competent Oficina de Extranjería or online through Mercurio.

Decision period and status during processing

The official decision period is two months from submission or, in certain consular procedures, from receipt by the Oficina de Extranjería. If no express decision is issued in time, administrative silence is negative. Requests for additional documents may arise.

Where an application may validly be submitted from Spain, filing it allows the relative to remain provisionally until a decision is issued. Spouses, registered partners, durable partners and qualifying children under Article 94.1 may also work provisionally while the application is processed. Other categories must not assume that filing immediately gives them a right to work. Once granted, the permit generally allows employed or self-employed work in any sector and throughout Spain, subject to the legal minimum working age.

Duration, TIE and renewal

The permit may be granted for up to five years, or for a shorter period if the Spanish citizen plans a shorter stay. Where the relative is abroad, its effects are linked to entry into Spain after obtaining a visa where required.

After approval, the relative must apply in person for a TIE where applicable, generally within one month of notification or entry into Spain.

If the initial permit is valid for less than five years, renewal may be requested during the two months before expiry or the three months afterwards, provided the original conditions continue. A timely application extends the validity of the previous permit until a decision is made. Other routes, including long-term residence, may become available after several years of continuous legal residence.

Difference from the EU citizen family-member card

The new Regulations establish a specific system for non-EU relatives of Spanish citizens, separate from the system for relatives of citizens of other EU Member States. EU free-movement rules may nevertheless apply where a Spanish citizen previously exercised free-movement rights in another Member State. Identifying the correct system from the outset determines the requirements and procedure.

• Applying under the EU citizen family-member system when the specific permit for relatives of Spanish citizens applies.
• Providing isolated transfers without proving genuine, stable and pre-existing financial dependence where dependency is required.
• Assuming that every relative may apply from Spain or work immediately after filing the application.