Residence of reunited family members

The art. 19.2. The RLEx establishes that the reunited spouse may obtain an independent residence authorization when he or she has sufficient financial means to cover his or her own needs. 

 

In the event that the reunited spouse is a victim of gender violence, without the previous requirement having been met, she may obtain residence and independent work authorization from the moment a protection order has been issued in her favor. or, failing that, a report from the Public Prosecutor's Office indicating the existence of signs of gender violence. 

 

19.3. Reunified children may obtain an independent residence permit when they reach the age of majority and have sufficient financial means to cover their own needs. 

 

The RLEx in its art. 59 develops the procedure for acquiring residence for reunited family members, independent of the reunifier. 

 

1. The reunified spouse or partner may obtain a residence and independent work authorization when they meet any of the following requirements and do not have debts with the Tax or Social Security Administration: 

a) Have sufficient financial means to grant a non-profit temporary residence authorization. 

 

b) Have one or more employment contracts, of a minimum duration, from the moment of the application, of one year, and from which a remuneration of no less than the monthly Minimum Interprofessional Salary, full-time, for fourteen payments is derived. 

 

c) Meet the requirements for granting a temporary residence and self-employment authorization. 

 

In the cases of sections b) and c) above, the effectiveness of the residence and independent work authorization will be conditional on the fact that, if it had not occurred previously, the worker is registered in the corresponding regime of the Social Security, within a period of one month from the date of notification of the resolution granting it. Once the condition is met, the validity of the authorization will be retroactive to the day immediately following the expiration of the previous authorization. 

 

2. Likewise, the reunified spouse or partner may obtain a residence and independent work authorization, when any of the following situations occur:  

a) When the marital bond that gave rise to the residence situation is broken, due to legal separation, its defect, divorce or cancellation of registration, or end of life as a couple, as long as proof of cohabitation in Spain with the spouse or reunifying partner for at least two years. 

 

b) When they are a victim of gender violence, once a court order of protection has been issued in their favor or, failing that, there is a report from the Public Prosecutor's Office indicating the existence of indications of gender violence. This assumption will also apply when the victim is a victim of a crime due to violent behavior carried out in the family environment, once there is a judicial protection order in favor of the victim or, failing that, a report from the Public Prosecutor's Office indicating the existence of violent behavior exercised in the family environment. 

 

c) Due to the death of the sponsor. 

 

3. In the cases provided for in the previous section, when, in addition to the spouse or partner, other family members have been reunited, they will retain the residence authorization granted and will depend, for the purposes of the renewal of the residence authorization due to family reunification, of the family member with whom they live. 

 

4. Children and minors for whom the sponsor has legal representation will obtain an independent residence authorization when they reach the age of majority and prove that they are in one of the situations described in section 1 of this article, or when they have reached the age of majority. of age and residing in Spain for five years.  

 

6. The independent authorization will have the corresponding duration, depending on the previous period of validity of the residence situation due to family reunification. In any case, the independent authorization will have a minimum validity of one year. 

 

Establishes the art. 17.3 LOEx that: In the case of regrouped ascendants, they will only be able to exercise, in turn, the right to family reunification after having obtained the status of long-term residents and proven financial solvency.  

 

Exceptionally, the reunified ascendant who is responsible for one or more minor children, or children with disabilities who are not objectively capable of providing for their own needs due to their state of health, may exercise the right to reunification under the terms established. in the second section of this article, without the need to have acquired long-term residence. 

 

For the process and procedure we refer to the General Regime for family reunification. 

 

Procedure for Renewal of residence authorizations by virtue of family reunification. 

 

Establishes the art. 61.1 of the RLEx that: the renewal of residence authorizations due to regrouping must be requested on an official form within sixty calendar days before their expiration. Submitting the application within this period will extend the validity of the previous authorization until the procedure is resolved. It will also be extended until the resolution of the procedure in the event that the request is submitted within ninety calendar days after the date on which the validity of the previous authorization had ended, without prejudice to the initiation of the corresponding sanctioning procedure for the infraction. which would have been incurred. 

 

2. The renewal of the residence authorization for family reunification of descendants, wards or ascendants may be requested by the spouse or partner of the reunifier, provided that said spouse or partner is a resident in Spain, is part of the same family unit, and The original reunifier does not meet the requirements for the renewal of the authorization for family reunification. 

 

This will also apply, in the case of a descendant or warded minors, with respect to their other parent or guardian, provided that they have the status of resident in Spain and without prejudice to whether or not they are part of the family unit. 

 

In this case, the nature and duration of the renewed authorization will be linked to that of the spouse or partner, who will assume the status of sponsor. 

 

3. To renew a residence authorization for family reunification, the following requirements must be met:  

 

a) Relating to the regrouped: 

1. That he is the holder of a residence authorization for family reunification in force or is within the period of ninety calendar days following its expiration. 

 

2. That the family or kinship bond or the existence of the de facto union on which the granting of the authorization to be renewed was based was maintained. 

 

3. Have the minors in your care of compulsory schooling age enrolled in school during their stay in Spain. 

 

4. Having paid the fee for processing the procedure. 

 

b) Relating to the sponsor: 

 1. That he is the holder of a valid residence authorization or is within the period of ninety calendar days following its expiration. 

 

2. That they have employment and/or sufficient financial resources to meet the needs of the family, including health care if it is not covered by Social Security, in an amount that represents the 100% of the IPREM on a monthly basis. 

 

For these purposes, income from the social assistance system will be computed and the provisions of article 54.3 of this Regulation will apply. 

 

3. That you have adequate housing to meet your needs and those of your family, and that it must be your habitual residence. 

 

This circumstance will be accredited: if there is no change of address in relation to the accredited person to obtain the initial authorization of temporary residence for family reunification, with the presentation of a document that proves the validity of the occupation title; in the event of a change of address, in accordance with the provisions of article 17 of Organic Law 4/2000, of January 11.  

 

The application, on an official form, must be accompanied by the following documentation: 

a) Copy of the complete valid passport or travel document, recognized as valid in Spain, of the regrouping party and the regrouping party. 

 

b) If applicable, documentation proving the validity of the marriage or the relationship of similar emotionality to the marital one. 

 

c) The documents that prove that the sponsor meets the requirements established in points 2 and 3 of section 3 b). 

 

d) If applicable, report issued by the competent regional authorities that certifies the schooling of minors of compulsory schooling age who are in their care. 

 

6. For the renewal of the authorization, the following will be assessed, where appropriate, upon ex officio request for the corresponding reports: 

a) The possibility of renewing the residence permit for foreigners who have been convicted of committing a crime and have served their sentence, those who have been pardoned or are in a situation of conditional remission of the sentence or suspension of the sentence. grief. 

 

b) Failure to comply with the applicant's obligations in tax and Social Security matters. 

 

7. Likewise, the effort of the integration of the foreigner accredited through the positive report of the Autonomous Community of his place of residence will be valued.