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Latest update: the new process of getting residency for non-EU parents of EU and Spanish minors

LAW UPDATE: RESIDENCE CARD FOR NON-EU PARENTS OF EU AND SPANISH MINORS

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The immigration law extends residency for 5 years.

The Directorate General of Migration has recently published a new Instruction, which regulates a new kind of residence permit for non-EU parents of minor EU children living in Spain. Previously, we already discussed possibilities for Non-EU family members to reside in Spain, however new legislation extremely facilitates the process. This permit will allow the non-EU Citizen to reside and work in Spain, without the need to obtain a residence permit for family attachment (in case of a Spanish child), and it will have a validity of 5 years.

In this way, in case the minor children are Spanish, instead of having to apply for a residence permit for family attachment, which has only validity of 1 year, and which would have to be modified after one year into a residence and work permit, the non-EU citizens will be able to apply directly to this new residence and work permit with a duration of 5 years, being able to apply for permanent residence in Spain after these 5 years.

As with any other authorization, the Immigration Offices will verify compliance with certain document requirements and, in particular, will assess them:

  1. The identity of the applicant by presenting a valid passport.
  2. The situation giving rise to the authorization: In other words, we must prove that we are the father or mother of an EU minor.
  3. In the case of parents of EU Citizens (not Spanish citizens): The availability of sufficient economic and medical resources to live in Spain.
  4. In case of parents o Spanish citizens: If the Immigration Office, once it has seen the application, checks that the applicant has a criminal record, it must assess whether a refusal to grant this authorization would mean that the minor would have to leave the EU territory.

The Instruction still allows that the father or the mother of a Spanish citizen applies for the family attachment residence permit, in case they do not have sufficient economic means, or they do not dispose of health insurance for Spain. In this case, they would be able to apply for this new residence card, afterward, in case they are able to accredit that they dispose of sufficient economic means and that they are covered by health insurance in Spain. 

Neither the availability of economic means nor having health care coverage will be required, provided that the application is made by a parent of a minor of Spanish nationality.

The application is presented digitally, and we would be pleased to do it on your behalf, as your representative, and with a digital certificate. Once the application is presented, the Immigration Office will have 3 months to resolve it and, in case of a favourable resolution, the applicant will have to apply for the TIE (Foreigner Identity Card) at the corresponding Police Station.

At Lexidy we can assist you with all the steps of the registration as a resident in Spain and the application for your new card as a parent of an EU or Spanish minor. Get in touch with us and see what we can do for you. We look forward to assisting you!

Get a free consultation with our immigration lawyers.

About author:

david

David Planes – Paralegal

From Barcelona, David is currently studying for the Advocacy Masters after finishing the Law Degree at the University of Barcelona. He has studied for two summers in Cork and has also studied French for several years. His main interests are Cyberlaw as well as Data Protection and Intellectual and Industrial Property.

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