Introduction
Residence authorization for family reunification is a vital procedure that allows family members of holders of an EU Blue Card and long-term residents in the European Union (EU) to reunite with them in Spain. This legal framework is particularly relevant in an increasingly mobile international environment. In this article, we will explore in detail the requirements, process, necessary documentation, and other key aspects related to family reunification.
What is the EU Blue Card?
The EU Blue Card is a residence permit granted to highly qualified professionals who wish to work and live in an EU country. This type of card not only facilitates entry and residence for workers but also allows for the reunification of their immediate family members. The aim is to attract talent and skilled labor to the European labor market.
Who Can Be Reunified?
Family reunification can include:
- Spouse or Partner: This may include a person with whom the EU Blue Card holder has a relationship akin to marriage. In this case, only one spouse or partner may be reunited.
- Children: Children under 18 years old or those with disabilities who cannot support themselves can also be reunited. This includes adopted children, provided that the adoption is legally recognized in Spain.
- Parents or Grandparents: Parents or grandparents of the holder may be reunited, provided they are financially dependent on the holder and there are reasons justifying their residence in Spain.
Requirements for Family Reunification
For a family member to be reunited, several requirements must be met:
- Nationality: The family member should not be a citizen of an EU member state, the European Economic Area, or Switzerland.
- Legal Status: They must not be in an irregular situation in Spanish territory.
- Criminal Record: No criminal record in Spain or their country of residence in the last five years.
- Health: They must have health insurance or be covered by Social Security and must not have serious health conditions that could pose risks to public health.
- Economic Means: The sponsor must demonstrate sufficient economic means to support their family, meeting the minimum threshold established, which varies according to the number of family members.
- Adequate Housing: Proof of adequate housing that meets local regulatory standards must be provided.
Necessary Documentation
Submitting a family reunification request requires gathering various documents, which may vary based on individual circumstances. Commonly required documents include:
- Application Form: Official form (model EX-02) signed by the sponsor.
- Passport: A complete and valid copy of the sponsor’s passport.
- Proof of Economic Means: Documentation showing that the sponsor has stable employment or sufficient resources.
- Housing Certificate: A report verifying the adequacy of the housing issued by the competent authority.
- Proof of Family Relationships: This includes marriage certificates, birth certificates for children, etc.
Application Process
The application for family reunification is submitted at the Immigration Office in the province where the sponsor resides. The process can also be initiated through the relevant Spanish Diplomatic or Consular Mission. Here are the steps to follow:
- Prepare Documentation: Ensure that you have all necessary documents and meet the established requirements.
- Submit Application: Deliver the application at the Immigration Office or Diplomatic Mission along with all required documentation.
- Pay Fees: The residence fee must be paid within ten business days of submitting the application.
- Await Resolution: The resolution period is 45 days. If no response is received within this time, the application can be considered denied due to administrative silence.
Consequences of Authorization
Once the residence authorization for family reunification is granted, the reunited family member can enter Spain and must apply for the Foreigner Identity Card (TIE) within one month of their arrival. This card is essential, as it allows the holder to reside and work legally in the country.
Special Situations
It is important to note that there are exceptions to the family reunification process. In exceptional cases, for humanitarian reasons, reunification of dependent relatives under the age of 65 may be authorized if certain conditions are met. These reasons could include prior cohabitation in the country of origin or the inability of the relative to support themselves.
Conclusion
Family reunification is a crucial pathway to keep families together in an international context. If you are a holder of an EU Blue Card or long-term resident in another EU country, it is essential to understand the requirements and procedures for reuniting with your loved ones. Make sure to have all necessary documentation and meet the established deadlines to facilitate the process.
Immigration legislation can be complex and vary depending on the context. Therefore, it is advisable to consult with a professional or the relevant authorities for updated and precise information on family reunification in Spain.
For more detailed information, visit the official website of the Ministry of Inclusion, Social Security, and Migration of Spain, where you can find guides and additional resources on this topic.
So, the first step is to understand your situation, and explote options. You can contact us or make an appointment to discuss this with us.
