New Residence Permit for Non-EU Family Members of Spanish Citizens

Big news for family members of EU citizens in Spain: As of May 2025, a major legal reform has simplified the residence process. The old maze of conflicting EU cards and arraigo familiar procedures is gone—replaced by one clear national permit designed to protect family unity.

Until now, families faced delays, confusion, and inconsistent decisions across immigration offices. Some were directed to the EU route, others to arraigo, with no clear standard. Now, Spanish national law offers a single, streamlined path with stronger legal standing for those linked to Spanish citizens.

In this blog, discover what’s changed, who qualifies, how to apply, what documents are required, and why this reform is a breakthrough for family reunification in Spain.

What’s New in 2025? National Law Replaces EU Framework

As of May 2025, Spain now handles residence permits for non-EU relatives of Spanish citizens under national immigration law, rather than under the EU’s free movement directive. This marks a significant departure from the previous legal framework.

Why Does This Matter?

Previously, the legal path for non-EU family members of Spanish nationals was unclear. Authorities applied a mix of procedures. Some cases were processed under the EU Family Member Residence Card, while others relied on arraigo familiar, a route originally designed for exceptional or humanitarian cases. As a result, there was often legal inconsistency, uncertain timelines, and varied decisions depending on the province or immigration office.

The 2025 reform replaces this patchwork with a single, unified process under Spanish law, tailored specifically for these family relationships. This change strengthens applicants’ legal standing and simplifies the path to legal residence, offering clarity, consistency, and a more reliable process for Spanish families.

Who Can Apply for the New Residence Permit?

The new residence permit under Spanish national law is designed to protect and support family unity for family members of EU citizens in Spain. The following individuals are eligible to apply:

• Children Under 26: Includes biological, adopted, or stepchildren who are financially dependent on the Spanish citizen. Children over 26 may also qualify if they have a disability or remain economically dependent.
• Parents and Grandparents: Ascendants of the Spanish citizen may qualify if they are financially dependent. Those over 80 years old are presumed dependent by default, without needing to prove economic need.
• Parent of a Spanish Minor: Applies to non-EU nationals who are the parent of a Spanish child and can demonstrate regular care or legal responsibility.
• Caregivers of Spanish Citizens with Disabilities: Includes relatives up to the second degree (siblings, grandparents, grandchildren, etc.) who provide essential care to a Spanish citizen with a disability.
• Children of Former Spanish Citizens by Origin: Covers children of individuals who were originally Spanish by birth, even if the parent has since lost Spanish nationality.

This comprehensive eligibility list reflects Spain’s shift toward protecting broader family ties under its own legal framework, no longer relying on EU law to define these rights.

Visa requirements can change — learn how we ensure your visa application is fully compliant.

Benefits of the New Residence Authorization

The 2025 reform brings substantial improvements for non-EU family members of Spanish citizens. Here’s what makes this new residence authorization significantly more advantageous than the previous options:

5-Year Permit with Legal Residence Status

Successful applicants receive a five-year residence card (tarjeta de residencia de familiar de ciudadano español) from the start, rather than a temporary permit. This grants immediate long-term stability and counts fully toward permanent residency and citizenship timelines.

Automatic Work Rights from Day One — Even While Pending

Applicants are authorized to live and work in Spain (as an employee or self-employed) from the moment they submit their application. There’s no need to wait for approval, making this ideal for family members seeking immediate integration.

Faster Processing Time: 2 Months

The administration now has a maximum of 2 months to resolve applications. This accelerates decision-making and reduces uncertainty, a major shift from slower, more inconsistent timelines under the old system.

Transitional Options for Those Already in Spain

Non-EU family members already residing in Spain under the old EU Card or arraigo familiar can transition to this new permit. In most cases, they won’t need to leave Spain to do so.

This new framework significantly strengthens both the legal certainty and quality of life for non-EU family members, offering more protection, faster timelines, and automatic access to work in Spain.

What It Replaces: EU Card and Arraigo Familiar (For This Group)

The new residence authorization introduced in May 2025 officially replaces both the EU Family Member Residence Card and the arraigo familiar route for non-EU relatives of Spanish citizens.

A Comparison of Old vs. New:

Why These Options Are No Longer Needed:

Under the old framework, Spanish citizens’ non-EU family members had to navigate one of two options. Neither of which was specifically designed for them:

• The EU Family Member Card was built for relatives of other EU nationals (e.g., French or German citizens in Spain), not Spanish nationals, causing legal grey areas and confusion.
• Arraigo Familiar was a form of exceptional regularization, not a stable or predictable route, and it didn’t offer the same clarity or protections.

The 2025 reform closes this gap by offering a dedicated, rights-based residence route under Spanish national law, specifically tailored for relatives of Spanish citizens. You can learn more about Spanish immigration through our dedicated service page.

The new permit does not apply to family members of other EU nationals living in Spain. Those cases still follow the EU regime and must apply for the standard EU Family Member Residence Card.

Step-By-Step: How to Apply as a Family Member of an EU Citizen in Spain

Applying for the new residence authorization as a non-EU family member of a Spanish citizen involves several clear steps. Here’s what you need to know:

1. Prepare the Required Documents

You’ll need to gather documents proving both your identity and your relationship with a Spanish citizen:

• Valid passport.
• Proof of family relationship (e.g., marriage certificate, birth certificate, or domestic partnership registration).
• Joint registration (empadronamiento) or proof of cohabitation, where applicable.
• Criminal record certificate (from your country of origin and any country lived in during the past 5 years).
• Proof of dependency (for adult children or parents).
• Documents proving the Spanish nationality of the sponsor (e.g., DNI, literal birth certificate).
• If applicable: proof that you are a carer or legal guardian of a Spanish citizen or their minor.

All foreign documents must be translated into Spanish and legalized or apostilled.

2. Submit Your Application

Applications can be submitted:

• In person at the Oficina de Extranjería (Immigration Office) in your province
• Online via Spain’s official electronic platform (requires a digital certificate or a legal representative)

3. Wait for a Decision

• The legal resolution period is 60 days from submission.
• In practice, delays may occur depending on the province.
• Once approved, you’ll receive a favorable resolution and can proceed to request your TIE card (residence card) at the local police station.

4. What If You Already Applied Under the Old System?

If you applied for the EU Family Member Card or arraigo familiar before the May 2025 reform:

• Your application will not be automatically converted.
• You may be required to withdraw your current application and reapply under the new route.
• Alternatively, some regions are allowing applicants to submit a written request to requalify their existing file under the new legal framework.

Legal guidance is strongly recommended here to avoid unnecessary delays or rejections.

What It Means For Families Moving Forward

The introduction of this new residence authorization in May 2025 is more than a procedural update. It’s a meaningful shift toward stability, legal clarity, and long-term integration for non-EU family members of Spanish citizens.

Stronger Legal Standing for Applicants

Applicants now fall under a dedicated national immigration category, providing clear, codified rights. This replaces the ambiguity of being shoehorned into EU free movement rules or exceptional cases like arraigo familiar. As a result, applicants can feel more secure in their legal status and long-term plans.

Greater Integration Potential

Unlike temporary or exceptional permits, this new 5-year authorization lays a direct path toward permanent residency and even Spanish citizenship (provided that other criteria are met). Family united is now recognized as a foundation for integration, not just a humanitarian exception.

Better Alignment with Other Immigration Categories

The 2025 permit brings the treatment of Spanish citizens’ families in line with how Spain already supports other family reunification or settlement cases. It reflects a more coherent immigration policy, better adapted to current social realities and legal standards.

In summary, this reform grants dignity, predictability, and long-term vision to thousands of families who were previously navigating overlapping and inconsistent legal pathways.

How Lexidy Supports Family Members of EU Citizens in Spain

While the recent reform has opened new legal opportunities, it brings with it new questions. Whether you’re applying for the first time or transitioning from an older residence path, navigating Spain’s immigration system still requires strategic legal guidance.

Legal Guidance Through Transitional or First-Time Applications

At Lexidy, our immigration lawyers specialize in Spanish and EU family residence law. We help families understand how the new rules apply to them, whether they’re just beginning the process or have already submitted an application under the old EU Card or arraigo familiar routes.

Case-by-Case Review for Complex Situations

Our team performs personalized assessments to help you make the best legal decision, especially in borderline or exceptional cases, such as unmarried partners or dependents over 26.

End-to-End Support for Compliance and Faster Results

From document gathering and submission to monitoring timelines and resolving rejections, Lexidy offers comprehensive, hands-on support. We ensure that your application is complete, accurate, and aligned with current requirements, saving you time and avoiding costly delays.

Let Lexidy be your trusted partner in building a future in Spain with your loved ones, legally, securely, and confidently.

Need Assistance Applying For a Residence Card as a Family Member of an EU Citizen?

The May 2025 reform marks a turning point for Spanish families. By introducing a dedicated residence permit for non-EU relatives of Spanish citizens, Spain has brought long-overdue clarity, inclusion, and legal security to a group previously caught between overlapping systems.

With automatic work rights, faster processing, and a clear legal pathway to long-term residence, this new authorization gives families the tools they need to stay together and thrive.

If you or a loved one may qualify, now is the time to act. Check your eligibility, prepare your documentation, and submit your application early to take advantage of this important change.

Ready to reunite your family in Spain? Apply for your Spanish Residence Permit for Family Members with expert support.