Residence for family members of Spanish citizens
The new Regulations establish a specific residence authorization for certain foreign family members of Spanish citizens. Find out who can apply, which EX-24 form to use, and how the procedure differs depending on where each family member is located.
This authorization replaced much of the former use of arraigo familiar (the family-based residence route) for family members of Spanish citizens. If you are seeking residence as the spouse, partner, child, father or mother of a Spanish citizen, do not assume that you should apply under the current arraigo familiar route.
Which family members of Spanish citizens can apply for this residence authorization?
This authorization covers a wider range of family members than the former arraigo familiar route. The Regulations provide for several types of family relationship.
Spouse
A spouse over 18 years of age, provided the marriage is still valid and was not entered into fraudulently.
Registered partner
A partner over 18 years of age registered in an accepted public register, provided the registration remains valid.
Unregistered stable partner
A stable relationship can be proven. As a general rule, the couple must have lived together in a relationship equivalent to marriage for at least 12 consecutive months, except in certain cases where they have children together.
Children under 26 years of age
Children of the Spanish citizen or their spouse or partner, as provided for under the applicable terms, who are under 26 years of age.
Children over 26 years of age
Certain children over that age may be included if they are dependent or have a disability requiring support to exercise their legal capacity.
Parents and other direct ascendants
Certain first-degree ascendants may qualify if they can prove that they are dependent and lack family support in their country of origin, or if humanitarian reasons apply.
Parent or guardian of a Spanish minor
The parent or guardian must have the minor in their care and live with them, or be up to date with their obligations towards the minor.
Relative providing care up to the second degree
A single relative up to the second degree may be included if they provide or will provide care for a Spanish national with a recognized degree of dependency.
Children of a Spanish-born father or mother
The Regulation expressly retains this situation among the cases covered by the authorization for family members of Spanish nationals.
Other dependent family members
Other family members not covered above may qualify if it is reliably proven that they are dependent.
The family relationship alone is not enough. In some cases, you must prove that you live together, are financially dependent, are a dependent, lack family support, have a disability, or meet other specific circumstances.
EX-24 or EX-19 EU family member residence card?
Having a Spanish family member does not necessarily mean that the same immigration regime always applies.
Family members of Spanish citizens
This is the application form for the specific authorization governed by Articles 93 to 98 of the Immigration Regulations.
See Information Sheet 18Family member of a citizen of the European Union
If the Spanish national has exercised their right to free movement, the EU regime for family members of a citizen of the European Union may apply.
See Information Sheet 62Do not confuse EX-24 with EX-19. Before preparing your documents, you should determine whether your case falls under the specific regime for family members of Spanish nationals or the EU free movement regime.
Residence requirements for family members of Spanish nationals
Be a foreign national who is not an EU, EEA or Swiss citizen.
Have a family relationship covered by the Regulations with a Spanish national.
Have no criminal record in Spain and, where applicable, in countries where you previously lived.
Not be subject to an entry refusal in territories where this condition applies.
Not be subject to a commitment not to return where applicable.
You must not pose a threat to public order, security or public health.
Provide evidence of living together, dependency, care or being financially dependent when required in the specific circumstances.
Maintain the family relationship on which the authorization is based, except in the circumstances and subject to the exceptions provided for by law.
Documents for Form EX-24
The specific documents required vary depending on the type of family member and the circumstances that must be evidenced.
Duly completed and signed Form EX-24 .
Valid DNI or passport of the Spanish citizen.
Passport or travel document of the foreign family member.
Documents proving the family relationship: marriage or birth certificate, registered partnership certificate or other applicable document.
Criminal record certificate, when required under the circumstances of the application.
Evidence of being financially dependent, dependency or living together in cases where it is required.
Specific evidence of a stable partnership if the relationship is not registered.
Who submits the application, and where?
There is no single procedure. It depends on whether the Spanish citizen and the foreign family member are in Spain or abroad.
Spanish citizen in Spain and family member abroad
The Spanish citizen can submit the application to the relevant Immigration Office, including through the available online channels.
If the application is approved, the foreign family member must then complete the relevant consular procedure.
Both family members are outside Spain
The foreign family member can submit the application to the competent Spanish Consular Office when both intend to establish their actual residence in Spain.
Both are already in Spain
Certain family members can apply for the authorization from Spain. The rules are not exactly the same for every circumstance covered by Article 94, so it is advisable to check Information Sheet 18.
Check which section of the family-member regime applies to your case.
Do not prepare Form EX-19 if your case does not fall under the EU free movement regime.
Immigration Office, consulate or online channel, depending on the circumstances.
The official decision period for the residence authorization is two months.
After approval or entry into Spain, as applicable, the card must be applied for within the prescribed period.
There is no fee to apply for this authorization. This should not be confused with any fees that may apply to the subsequent issue of documents such as the TIE.
Some family members may work provisionally
Submitting the application from Spain allows the applicant to remain in the country provisionally while it is being processed. In addition, in certain cases—such as spouses, partners and certain descendants—the regulations provide provisional authorization to carry out employment or professional activity.
Duration, work and renewal
Decision period
This is the period established for deciding the application, calculated from the relevant point in the procedure.
Administrative silence
If no response is received within this period, the application may be deemed refused under the rules on administrative silence.
Maximum duration
As a general rule, it may be granted for five years, or for the Spanish family member’s expected period of residence if this is shorter.
Right to work
While valid, it allows the holder to work as an employee or be self-employed anywhere in Spain, in any occupation or sector, provided the conditions continue to be met.
Foreigner Identity Card
The foreign national must apply for the TIE in person within the prescribed period after the authorization is granted or they enter Spain, as applicable.
If it was granted for less than five years
Renewal may be requested if the conditions continue to be met. The regulations allow applications to be submitted during the two months before expiry or the three months after expiry.
Family member of a Spanish citizen, arraigo familiar or family reunification
EX-24
This is the procedure covered by this guide. It applies to family members of Spanish citizens who are included in the new specific regime.
Form 31
It is currently limited to different family circumstances, mainly involving certain EU, EEA or Swiss citizens.
View arraigo familiar →Form 8
This is the procedure used for certain family members of a foreign national who is already legally residing in Spain.
View family reunification →Continue with the procedure
Regulations used in this guide
Your specific circumstances may affect the documents required and how you submit your application. Always check the official information before starting the procedure.
Questions about residence for family members of Spanish citizens
Which form is used for family members of Spanish citizens?
The specific residence authorization for family members of Spanish citizens uses Form EX-24.
Can I obtain residence as the spouse of a Spanish citizen?
Yes. A spouse aged over 18 is among the eligible family members, provided the marriage is still valid and the other requirements are met.
Can a registered partner apply for this residence authorization?
Yes. The regulations cover both certain registered partnerships and stable unregistered partnerships. In the latter case, the relationship must be proven as required by the regulations.
Can I apply because I have a Spanish child?
The father, mother or guardian of a minor who is a Spanish citizen is among the eligible cases, provided the conditions concerning care, living together or responsibilities towards the minor are met.
Does being the child of a Spanish citizen by origin still provide a route to residence?
Yes. Children whose father or mother is, or was, a Spanish citizen by origin are expressly included among the cases covered by the residence authorization for family members of Spanish citizens.
Does residence for family members of Spanish citizens allow me to work?
Yes. Once granted, it allows you to work as an employee or self-employed person for the duration of its validity, in accordance with the applicable regulations.
How long does this residence authorization last?
It may be granted for five years or for the period that the Spanish citizen is expected to reside in Spain, if that period is shorter.
How long does it take to decide on an EX-24 application?
The official deadline for deciding on the authorization is two months. If no response is given within that period, the applicable rules on administrative silence result in a refusal.
Are EX-24 and EX-19 the same?
No. EX-24 applies to the specific regime for family members of Spanish citizens. EX-19 is used for the residence card for a family member of an EU citizen and may apply to certain family members of Spanish citizens where the right to free movement has been exercised.
Is there a fee for an EX-24 application?
Information Sheet 18 states that this authorization procedure is free of charge. The subsequent issuance of documents may be subject to the applicable fees.
First check whether EX-24 or EX-19 applies to you
Identifying the correct procedure avoids preparing a form and documents that do not match your situation.