Who counts as family of an EU, EEA or Swiss citizen

Key rules

• Spouse: A spouse qualifies unless legally separated, and marriages made only to obtain residence are excluded.
• Registered partner: A partner registered in a public EU or EEA registry has the same right as a spouse.
• Parents and grandparents: Parents and grandparents qualify only if they are financially dependent, whatever their age.

Who qualifies

Four groups of relatives qualify as family of an EU, EEA or Swiss citizen: a spouse, a registered partner, children and grandchildren, and dependent parents and grandparents. They come under the EU-style regime directly, so they do not need a separate family reunification file. Each group has its own conditions, set out below.

Spouse

A spouse qualifies as long as the EU citizen and the spouse are not legally separated. Same-sex spouses qualify in the same way.

• Once a divorce or annulment is final, the person no longer counts as a spouse. Residence rights can still be kept in some cases, for example a marriage of at least 3 years with at least 1 year in Spain, custody of children, domestic violence, or a court-ordered visiting right.
• A marriage entered into only to get residence rights does not count. The card can be refused or withdrawn.

Registered partner

A registered partner counts like a spouse. The union must be registered in a public registry in an EU or EEA state. It can be a Spanish regional registry or a foreign one. The registration must be valid, and neither partner can have an earlier registered union with someone else.

A couple who live together but are not registered are not treated as spouses: the partner is an "other family member", which means a case-by-case decision and proof of a lasting relationship. A partnership registered outside the EU or EEA, for example in the UK, the US or Canada, takes the same route.

Children and grandchildren

Children and grandchildren qualify if they are under 21 or financially dependent on the EU citizen, or on the citizen's spouse or partner. This covers the citizen's own descendants and those of the spouse or partner.

• For a spouse's or partner's descendants, that spouse or partner must themselves qualify and not be legally separated.
• From age 21, the child must prove dependence.

Parents and grandparents

• Parents and grandparents of a spouse or partner qualify only while that union still exists, with no legal separation.
• Parents and grandparents must prove dependence on the EU citizen, spouse or partner.

Proving dependence

Dependence is shown by regular money transfers from the EU citizen, spouse or partner over the last year, or by living with them, plus a certificate from the home authorities showing dependence and lack of means.

Proving the link

Foreign papers need an apostille or full legalisation and a sworn translation, depending on the country that issued them. The rules by country are in The EU family residence card for non-EU relatives.

If your relative is Spanish

These rules are for relatives of citizens of other EU, EEA or Swiss countries. Relatives of Spanish nationals come under the same family-card regime but follow the route in Residence for the spouse, partner and children of a Spanish citizen.

If the EU citizen dies or the relationship ends

If the EU citizen dies, a family member keeps the right of residence after living in Spain with them for at least 1 year, and then shows work or enough means. Divorce and annulment are covered under Spouse; what happens to the card is in Renewing and travelling with the EU family card.

If a UK citizen is involved

A UK citizen covered by the Withdrawal Agreement, and their family, hold a Withdrawal Agreement residence document under its own rules, not the EU family card (are you covered?; family members of UK nationals). An unmarried partner of such a citizen must have a durable relationship that existed by 31 December 2020.

A UK citizen who is not covered is a non-EU national. As the relative of an EU citizen, the UK citizen applies for the family card like any other non-EU relative. As the person being joined, the UK citizen cannot give family an EU family card; a resident UK citizen sponsors under Family reunification for residents.

If you have other dependent relatives

A relative who is not a parent or grandparent but depends on the EU citizen financially counts as an "other family member". Entry and residence are facilitated, not automatic.

• The decision is made case by case.
• The relative must show the dependence with documents.

The route, the proof and the appeal rules are in Extended family of an EU citizen and facilitated entry.

Documents you need

Documents to prove family status

• Marriage certificate, for a spouse.
• Partnership registry certificate, for a registered partner.
• Birth certificate, legalised and translated, for a child, parent or grandparent.
• Translation into Spanish of each foreign document that is not already in Spanish.
• Proof of dependence, for a descendant aged 21 or over, a parent, a grandparent or another dependent relative.

Quick answers on family of EU and Spanish citizens

Can an unmarried partner who lives with me come under the family route?

Yes, by the case-by-case route for an unmarried partner, with proof of a durable relationship; the route is in Extended family of an EU citizen and facilitated entry.

Does my non-EU spouse need to have lived legally in another EU country first?

No, a non-EU spouse does not need earlier lawful residence in another EU state. If they join or accompany an EU citizen living in Spain, they have a right of residence whatever their previous status. They need an entry visa only if their nationality requires one (Entering Spain as family of an EU citizen: visa or visa-free).

What if my Spanish relative also holds another nationality?

A Spaniard with a second nationality is treated as a Spaniard in Spain, so their non-EU family can use the family-of-Spaniard route, not the general foreigner regime. If the other nationality is from an EU state and they have used free movement, EU rules apply on top.

Can the non-EU parent of a Spanish child get a residence permit?

Yes, through the EU family card or arraigo familiar; which one fits is set out in Non-EU parents of a Spanish or EU child: your residence options.