Family of Spanish citizens: residence permit, documents and timelines

Residence permit for a relative of a Spanish citizen: who qualifies

Article 94.1 of the regulation lists who can apply for the permit, and it all starts from the condition that the person is not a national of an EU or EEA state or Switzerland (Article 93) [1]. Below is the list with what has to be proven.

For children of a spouse or partner under 18, the foreign parent must have sole custody, or the other guardian must give consent before a notary or a public authority. Consent is not needed if the child was born in Spain and has lived here since birth [1]. For children of a Spaniard by origin (point h), Article 93 makes an exception: the condition that they accompany the Spanish citizen or join them in Spain does not apply to them [1].

How to apply: where, who and in what order

Article 97 of the regulation distinguishes three situations [1]:

• The Spanish citizen is in Spain, the relative is abroad. The Spanish citizen applies on the relative’s behalf at the Oficina de Extranjería of their province, in person or through a representative. Once approved, the relative applies for a visa at the consulate [1][2].
• Both are abroad. The relative applies for the visa at the consulate themselves [1].
• Both are in Spain. An exceptional case: according to the text of Article 97.1.c as worded by Real Decreto 316/2026, this route is open to relatives under points a)-h) of Article 94.1, and either of the two may apply. The ministry’s Hoja 18 of April 2026 gives a shorter list (a, b, c, f, g, h), so for children and parents check the office’s practice [1][2].

If the application is filed from Spain and admitted for processing, the applicant receives provisional authorisation to live in Spain and, if their age allows, to work while it is processed. If the application is refused, this right ends automatically [1][2]. The decision is issued within two months, and silence means refusal [1]. After approval, the TIE must be requested in person within one month: from the date of notification if you are already in Spain, or from the date of entry [1][2].

About appointments. According to the Delegación del Gobierno in Barcelona notice of 20.05.2025, EX-24 applications are accepted at the Oficina de Extranjería by appointment, requested by email to the address given in the notice; appointments are only given to the applicants themselves, not to third-party representatives [4]. The notice is more than a year old, so check the procedure on the Delegación page before your visit. More on appointments: cita previa at extranjería.

Documents for the residence permit of a Spanish citizen's relative

Hoja 18 lists the following set: the EX-24 application form signed by the foreign national; a full copy of the Spanish citizen’s passport or DNI; a declaration that no other spouse or partner lives with the Spanish citizen in Spain; a full copy of the foreign national’s passport; criminal record certificates from the countries of residence over the last five years (if the application is not filed from Spain); documents proving the relationship; documents proving dependence where required [2]. For a stable unregistered couple, proof of cohabitation and birth certificates of children in common are needed [1][2].

Foreign public documents are translated by a sworn translator and apostilled, or legalised through the Spanish consulate unless a treaty exemption applies [2]. What to order and in what sequence is covered in our articles on apostille and legalisation and on sworn translation. For documents from Russia, Belarus, Ukraine and Kazakhstan, check in advance that the transliteration of first name and surname matches across all papers: a mismatch between passport and certificate is the most common cause of a requerimiento.

The regulation states that the dependence of parents is assessed under the rules of Article 196, including where the parent is already in Spain: the Tribunal Supremo declared void the words requiring dependence to arise “in the country of origin” to the extent that they prevent proving the dependence of a parent who is in Spain [1][3]. More on parents: reunification with parents.

Criminal record, the 2026 ruling and what has changed

A more lenient test applies to relatives of Spanish citizens: past convictions do not in themselves lead to automatic refusal; there must be an assessment of a genuine, present and sufficiently serious threat to society (Article 98.1) [1]. For relatives under points c), g), h) and i), however, the regulation required proof of no criminal record in every case. On 8 July 2026 the Tribunal Supremo declared void the wording of Articles 97.4 and 98.1 that established automatic refusal on criminal record grounds without individual assessment in situations falling under Article 20 of the Treaty on the Functioning of the EU [3]. Exactly which cases fall under this is decided by an assessment of your file.

The ruling does not remove the other requirements and does not automatically reopen earlier refusals. Whether to act on a decision already issued depends on its date, content and the appeal deadline: how to appeal.

After you get it: validity, renewal, independent permit

The permit is issued for 5 years or for the Spanish citizen’s planned period of residence, if shorter; when the application is made from abroad, it runs from the date of entry [1]. It is renewed as long as the conditions are still met, by applying within two months before expiry or within three months after; an application filed on time extends the validity of the previous permit until a decision is made (Article 95.4) [1].

Changes must be reported within two months: address, nationality, marital status, registration of the couple (Article 98.2). The end of cohabitation or a new marriage of the Spanish citizen can be grounds for revoking the permit (Article 98.3) [1]. After divorce, the right can be kept through a separate permit if the marriage or partnership lasted at least three years, one of them in Spain, or if there is custody of children in common, or access rights to a child in Spain. The application is made within six months (Article 99) [1]. More: divorce and the spouse’s residence permit. After five years you can move on to larga duración.

Common mistakes

• People confuse the regime for family of a Spanish citizen with the EU regime. For the EU card, what matters is whether the Spanish citizen has exercised freedom of movement. Comparison: EU citizen family member card.
• They apply without proof of living together, even though Article 94.1 starts with “siempre que convivan” [1].
• For an unregistered couple, they count the 12 months “by eye”. Documents covering the whole period are needed: tenancy, padrón, bills, correspondence [1][2].
• They bring a marriage certificate without an apostille and translation [2].
• They do not mention that the Spanish citizen is remarried and do not bring the documents on the dissolution of the previous marriage settling housing and maintenance (Article 94.1.a) [1].
• They wait for the decision without checking notifications: ten calendar days without opening an electronic notification count as refusal to receive it. Deadlines and how they are counted are covered in the article on UGE and extranjería deadlines.
• They assume that registering the marriage gives a residence permit automatically. It does not: a separate procedure is required [1].

When you need an individual review

A review is needed if there is a criminal record or previous refusals, a parent over 65 is already in Spain, the marriage is recent or took place outside the EU, a child has only one foreign parent, a relative’s dependence is proven by more than money alone, or you are unsure which regime applies to your case. The outcome here depends on the facts.

How we can help

The ReloVictory team checks whether your relative fits one of the categories of Article 94, draws up the document list and a plan for translations and apostilles, prepares the file together with the team’s lawyer and supports you until the card is issued. Book: consultation. Service page: family, route card for families, general procedure: residence permit in Barcelona. Overview of regimes: family reunification in Spain.

Frequently asked questions

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ReloVictory · Sources reviewed 02.10.2026 · Not a substitute for individual legal advice.