Family reunification

Who can be reunited

Article 66 of the Regulation closes the list, and it is worth reading slowly because almost every refusal starts here:

• Spouse over eighteen, provided there is no de facto or legal separation and the marriage was not entered into fraudulently. No more than one spouse can be reunited, even if the personal law allows polygamy.
• Unmarried partner in a relationship similar to marriage. It is valid if the relationship is entered in a public register of an EU state, or if an unregistered stable cohabitation of at least twelve continuous months is proved. With children in common that prior period is not required.
• Children of your own or of your spouse or partner, under eighteen at the time of application; also adult children with a disability requiring support or who cannot provide for their needs because of their health. When they are the children of only one member of the couple, sole parental authority, exclusive custody or the other parent's consent is needed.
• Persons legally represented by the sponsor, with the same age and health limits.
• First-degree ascendants of your own or of your spouse or partner, when they are dependent, over sixty-five and there are reasons justifying the need. On humanitarian grounds those under that age are admitted exceptionally.
• An adult child who will act as carer of the sponsor, when the sponsor has a recognised degree of dependency among those of article 26 of Law 39/2006.

That last case is recent and little known, and it solves situations that previously had no legal way out.

When it can be requested and how the procedure goes

The application can be filed when the sponsor has lived in Spain for at least one year and has applied for a permit to reside for at least another year. There are two exceptions: holders of long-term or EU long-term residence granted in Spain, to reunite ascendants, who can file it together with the application for that long-term status; and those residing in Spain because of their previous status as EU long-term residents in another member state.

The sponsor files it in person at the immigration office, on the official form, with their passport, proof of means, the housing report, the insurance, the sworn statement that no other spouse or partner lives with them, and the family member's documents with the ties proved.

Once the permit is granted, its effect is suspended: the family member applies for the visa at the consulate and the permit has no effect until they obtain the visa and enter Spain, which must happen within one month at most.

A little-known and very useful consequence: the reunification permit of the spouse, partner or children allows employed or self-employed work with no further procedure, anywhere in the country, in any occupation or sector, provided the minimum working age is exceeded. No separate work permit has to be requested.

While the file is under way you can follow it without calling anyone: checking the status of the file, and for the visa at the consulate, Mercurio.