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New Spain Residence Permit 2025 for Spanish Family

new residence permit spain 2025 family klev & vera

As of May 2025, Spain introduced a new residence permit for family members in Spain 2025 that only family members of Spanish nationals can request. This provides a unique opportunity for certain individuals to obtain legal status and reside with their family in Spain. You can find more details on these significant legislative changes in our overview of Spain Immigration Law Changes May 2025: Key Updates.

This article outlines the process for this newly established legal framework, with further discussions encompassing its general purpose, legal conditions, qualifying family relations, admission criteria, application and renewal process, key advantages, and how our team of professionals at Klev&Vera can confidently lead and implement each step of the process on your behalf – ensuring that you and your family can build a stable and secure life in Spain.

What is the New Temporary Residence Permit for Family Members of Spanish Nationals?

The new temporary residence permit for family members of Spanish nationals establishes a structured legal pathway for eligible relatives to reside lawfully in Spain. This provides a unique opportunity for non-EU, non-EEA, and non-Swiss nationals with close family ties to Spanish nationals to obtain legal status in Spain to reside together in Spain.

This newly established national framework sets out a specific route for closely tied family members of Spanish nationals to reunite together on Spanish territory under a secure and legally granted residence status, providing procedural clarity for individuals seeking to establish their immigration status in Spain.

Legal Conditions

Up until May 2025, family members of Spanish nationals followed the same procedure as family members of other EU/EEA countries. However, Spain introduced this new permit to recognize a special importance of the right of Spaniards to reunite with their family members in a faster and more efficient way.

This new procedure is exempt from any immigration fees, and the Immigration Office must issue a resolution within a tighter deadline of 2 months (for family members of the EU/EEA citizens a small immigration fee applies, and the processing deadline is 3 months).

To qualify for this residence permit, applicants generally need to prove a genuine family relationship with a person of Spanish nationality, demonstrate cohabitation or financial dependency (only for certain relatives), hold a valid passport, and, in some specific cases, provide evidence of comprehensive health insurance and adequate financial means to avoid becoming a burden on Spain’s social assistance system.

The family members have the possibility to apply for residency before they travel to Spain, come to Spain together with the Spanish national, or the Spanish national can request the permit in advance, so his/her family members can come and join with him/her in Spain.

Qualifying Family Relationships Under the New Legal Framework

This newly established legal framework allows for various types of qualifying relationships with the Spanish national. The following information outlines the different forms of eligible relationships, and in each case the foreign family member must meet the specific requirements:

  • The spouse over eighteen years of age, provided that there has been no agreement or declaration of nullity of the marriage bond or divorce, and that the marriage was not entered into fraudulently.

Even if a person’s home country allows them to be married to more than one person at the same time, Spanish law will only recognise one of those marriages when deciding on a residence application. This means that only one spouse can be granted the right to live in Spain under the “family member of a Spanish citizen” permit.

The rule is designed to ensure that marital rights in Spain are based on monogamy, in line with Spanish civil law, which only permits marriage to one person at a time. Any additional spouses, regardless of foreign legal recognition, will not be eligible for this type of authorisation.

For those considering marriage or prenuptial agreements in Spain, further details can be found on Marriage and Prenups in Spain.

  • Registered partners – the unmarried partner over eighteen years of age who maintains with the Spanish national a relationship of affection similar to marriage and is registered in a public registry established for such purposes in a Member State of the European Union, a State party to the Agreement on the European Economic Area, or Switzerland, provided that the registration was not carried out fraudulently and is still valid.
  • Stable partners – the unmarried partner over eighteen years of age who maintains a stable relationship with the Spanish national, duly proven without registration in any public registry. A stable relationship means living together in a marriage-like way, in or outside Spain, for at least 12 continuous months. This prior residence time requirement does not apply if the couple has children together and the relationship is still ongoing.

Marriage, registered partnership, and stable partnership are always considered mutually exclusive.

  • Their children, or those of their spouse, registered partner, or stable partner—provided that the latter also resides or intends to reside in Spain—who are under twenty-six years of age, or over that age if they are dependent, or who have a disability requiring support in the exercise of their legal capacity. Note that Spain significantly increased this age for children of the Spanish nationals, and the top is 18 for general family reunion, and 21 for children of the EU/EEA nationals.
  • The parents (first-degree ascendants) of the Spanish citizen and those of their spouse, registered partner, or stable partner — provided there has been no annulment, divorce, or cancellation of the partnership registration — may qualify in the following cases:
    1. If they can prove they are financially dependent and have no family support in their home country.
    2. If there are humanitarian reasons for the application.
  • The father, mother, guardian, or legal custodian of a minor of Spanish nationality, provided that the applicant is responsible for the minor and either cohabits with them or is up to date with their obligations towards the minor. This relationship must have been established in accordance with Spanish law.
  • A single relative, up to the second degree, who provides or will provide the care required by a Spanish national who has been recognized as having one of the degrees of dependency provided for in Article 26 of Law 39/2006 of 14 December on the Promotion of Personal Autonomy and Care to people in a situation of dependency.
  • Sons and daughters whose father or mother is or was originally Spanish.
  • Other family members not included in the previous points, who can reliably prove, at the time of application, that they are in the care of the Spanish national.

This information outlines the broad yet structured requirements to qualify for the temporary residence in Spain for Spanish family. Klev&Vera can lead you to identify which of the above relationship types applies to your case and ensure you meet the necessary legal requirements for a successful application.

residence permit spain for spanish nationals' family klev & vera

Basic Admission Criteria

Beyond the specific requirements established for this particular type of temporary residence permit, compliance with general immigration requirements, including a clean criminal record and no entry bans, is essential for eligibility as shown below:

  • Not be a national of a member of the European Union, the European Economic Area, or Switzerland.
  • Have no criminal record in Spain or in any of the countries where they have resided in the last five years for crimes under Spanish law.
  • Not be considered unsuitable for entry in the territorial areas of countries with which Spain has signed an agreement to this effect.
  • Not be within the period of commitment not to return to Spain.
  • Not represent a threat to public order, security, or public health.

If you meet all of these conditions, or if your case presents unique circumstances requiring further assessment, we strongly encourage you to contact our team of professionals at Klev&Vera to ensure proper guidance.

You must submit the required documents with your application. Provide copies when you apply, but also bring the originals to show at the time of submission, if you file your application in person and not online.

The required documents include:

  • Application form EX-24, completed and signed by applicant.
  • Regarding the family member of Spanish nationality:
    • Full copy of the valid passport or national identity card (DNI).
    • For spouses or partners, a declaration stating that no other spouse or partner resides with them in Spain.
  • Regarding the foreign family member:
    • Full copy of the valid passport or travel document.
      Documentation proving the existence of a family relationship with the family member of Spanish nationality.
    • In cases where required, documentation proving that the family member is dependent on the family member of Spanish nationality.
    • In the case of other dependent family members, proof of dependency, cohabitation, degree of kinship, and, where applicable, the existence of serious health, disability, or other need.
    • In the case of a stable partner, documentation proving the existence of a stable relationship with a partner of Spanish nationality, the length of cohabitation, and, where applicable, a birth certificate for any common descendants.
    • Criminal record certificate issued by the authorities of the country or countries in which the foreign family member has resided during the last five years prior to entering Spain.

All documents that are not originally issued in Spanish, must be translated into Spanish or the co-official language of the territory in which the application is submitted by a certified translator, a process in which our experienced team at Klev&Vera will ensure clear communication of your immigration procedure.

Once you are granted residence, understanding the Difference Between NIE and TIE in Spain: Which One Do You Need will be essential for your life in Spain.

What is the Application and Renewal Process?

Who can file the application and where:

  • Spanish citizen: When in Spain and the foreign family member is in their country of origin, both planning to live together in Spain. The request is submitted online at the Immigration Office (Oficina de Extranjería) in the province of residence. If approved, the foreign family member must request the visa within one month at the competent Spanish Consulate.
  • Foreign family member: When both the Spanish citizen and the foreign family member are abroad, planning to move to Spain together. The request is filed in person at the competent Spanish Consulate.
  • Either one: Exceptionally, when both the Spaniard and his/her family member are in Spain, certain relatives can file the request online at the Immigration Office (Oficina de Extranjería) in the province of residence where they live or plan to live.

The authorities have two months to respond to your request. If there is no response within this time, the application is considered denied by administrative silence.

If approved, the permit is valid for up to five years, or less if the applicant plans and requests a shorter stay. It takes effect immediately if the applicant is already in Spain, or upon entry if they are abroad.

The family member will automatically receive his/her NIE (“Número de identidad del extranjero”) but will need to apply for the corresponding TIE card (“Tarjeta de residencia del extranjero”), it will be the proof of his/her resident status. See our Difference Between NIE and TIE in Spain: Which One Do You Need article for more information.

Renewal is possible, but usually unnecessary, as living in Spain for five consecutive years grants eligibility for long-term (permanent) residence.

What are the Advantages?

If you meet the eligibility requirements, this permit opens the door to living in Spain legally and with stability. It allows foreign nationals to reunite with their Spanish family members, settle in the country, and enjoy many of the same rights as Spanish nationals. Holding this permit provides security, making it easier to integrate into Spanish society together with your Spanish family, and plan for the future.

Beyond family reunification and residence rights, the permit also grants important work rights. Holders can access employment or self-employment opportunities, advance professionally, and maintain or modify their immigration status if their circumstances change. This combination of family stability and professional inclusion makes the permit an important step toward long-term (permanent) residence in Spain.

Residence Status

Being the main purpose of this temporary residence permit, the Spanish national and the foreign family member will have the residence permit Spain for Spanish nationals’ family. Additionally, after five consecutive years of residence, the foreigner will have the opportunity to apply for long-term (permanent) residence.

Professional Inclusions

For the duration of the permit, foreign nationals may reside and have work rights with Spain residence permit without the need for additional administrative procedures. Subject to meeting the necessary conditions and the minimum employment age, holders are authorised to work as employees or self-employed individuals in any sector across Spanish territory.

Klev&Vera: Delivering Legal Solutions with Global and Local Insight

At Klev&Vera, our skilled team is committed to assisting you throughout this process with precision. We take a personalized approach to each case, carefully reviewing your circumstances to ensure that every legal requirement is addressed properly.

Our expertise ensures personalized guidance and meticulous document preparation, facilitating a clear and efficient application process. Our team of professionals will assist you in your specific case by providing key legal information relevant and offering strategic advice tailored to your needs and circumstances. A thorough understanding of your specific circumstances enables us to assess and confirm your legal eligibility. We will further prepare the required legal documents, ensuring its legal accuracy and precision. These documents must also be duly prepared through accurate translation into Spanish, or where applicable, the co-official language of the territory in which the application is submitted by a certified translator, a requirement that Klev&Vera is well equipped to manage on your behalf by connecting you to the qualified professionals. We also handle communication with the relevant authorities, ensuring that your case is properly monitored to facilitate an efficient process.

Our services continue beyond approval, supporting you for other required legal steps and needs. This includes support with obtaining the TIE card, renewal procedures, addressing changes in family circumstances, or facilitating access to independent residence where applicable.

At Klev&Vera, we provide dedicated legal guidance throughout the application process for the temporary residence permit for family members of Spanish nationals. With our expertise and client-focused approach, we make the process clear, efficient, and fully aligned with your family’s needs.

This article is written in collaboration with Samaa Niazi, a member of the Legal Support Team at Klev&Vera.

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What you need to know about the new temporary residence permit for family members of Spanish nationals?

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Klev&Vera is a boutique law firm to offer premium legal services to international investors and businesses in Spain. Klev&Vera consists of a multilingual team of lawyers and paralegals, each of them with international background and specialising in different areas of legal practice.

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