Community permit

The initial aspect to note is that the current case pertains to the family members of European Union (EU) citizens, as there is a particular mechanism for applying their permit. 

This procedure is prevalent among non-nationals present in Spanish territory and is governed by RD 204/2007, which incorporates Directive 2004/38/EC. The directive facilitates the entry of family members of EU citizens, including those with Spanish citizenship. Perhaps, you are curious about the family members to whom the regulation alludes.

Permisos de Residencia en España

Requirements to apply for the Community Family Card

Spouse or unmarried partner: The term “spouse” refers to the individual who is married to european citizen and has a marriage certificate, domestic partnership ,legally, is categorized under marriage, when it comes to immigration law.  Similarly, an unmarried partner is included in this category. However, while the requirement for marriage is uniform across Spain and the world (except for countries where same-sex marriage is illegal), this is not the case with unmarried partnerships. This is because, even though few countries recognize this legal arrangement, its regulation in Spain varies depending on the Autonomous Community in which the foreigner resides. For example, in Barcelona, cohabitation for two years is required, whereas, in Madrid, only one year of cohabitation is necessary. It is also important to note that due to the prevalence of fraudulent marriages or de facto relationships, the Administration may take measures to verify the authenticity of the relationship during the application process, such as conducting individual interviews with each member of the couple.

Descendants of the Union citizen or his/her spouse or unmarried partner: It is important to note that the term used in the regulation is “descendants,” as opposed to “children” which is commonly used in information sheets of the Aliens Office. This means that if a Spanish grandparent intends to grant the permit directly to their grandchild, the administration may not approve it, but legal recourse can be taken. Additionally, there is a distinction between those under 21 years of age and those over that age, as the former do not have to prove that they are under the care of the Union citizen, which simplifies the procedure considerably. However, the latter must provide evidence of their dependency, which is a notoriously difficult aspect of the immigration process.

The permit also covers direct ascendants who are dependent on the EU citizen or their spouse or unmarried partner, with no age limit. Once again, it is necessary to prove their “dependency” on the Union citizen, which as previously mentioned, is an arduous task.

Extended family: This particular case is of recent origin, and it sets forth requirements that render it impractical to grant the permit. The burden of proof lies not only in demonstrating the dependent status but also in substantiating that the dependent status existed in the country of origin or that the dependent individual resided with the EU citizen for a minimum period of 24 months.

It is required that the profession offered to be included in the quarterly catalog of difficult-to-fill professions published by the Spanish Government. This catalog enlists the works that are highly in demand due to the shortage of available workforce. It has become obsolete as it only covers professions related to working on board a ship at sea. Furthermore, the job offer must be extended, to a citizen of Chile or Peru. These countries have signed an agreement with Spain that excludes their nationals from meeting the considering employment situation within both parties. 

Additionally, the foreigner must be covered by one of the exceptions stated in article 40 of the Law on Foreigners. The most common ones include:

1) Being the spouse or child of a foreigner with a renewed permit.

2) Children or grandchildren of Spanish nationals of origin.

3) Foreigners who have dependent ascendants or descendants of Spanish nationality.

4) Foreigners who have accepted a voluntary return programme.

5) Filling positions of trust or managerial positions in companies.

6) Highly qualified professionals

7) Workers belonging to a group of companies who come to work in Spain.

The foreigner does not have to have a criminal record in his or her country of origin, for obvious reasons.

 

Where is the EU Family Card issued?

This process is carried out within Spanish territory. However, if the foreigner is in their country of origin they may apply for a visa or travel permit to reunite with the EU citizen and, upon arrival in Spain, proceed with the residence permit application. 

This permit grants the holder the right to reside and work in Spain for five years and permits both employment and self-employment. However, it is important to note that the Administration reserves the right to revoke the permit at any time if it is determined that the individual is no longer considered a family member, such as in cases of separation or divorce.

Extranjeristas provides guidance and advice for this and other procedures, including the Residence and Work Permit and Arraigo. Please feel free to contact us at any time.