EU Citizen Descendant Residency in Spain: Guide for Expats

🇪🇸 Read the original in Spanish

Spain has established itself as one of the preferred destinations for citizens from all over the world who wish to establish their residency in Europe, especially when they have family ties with citizens of the European Union. If you are the child or grandchild of an EU citizen (whether Spanish, French, Italian, or from any other member state) and wish to live, work, or study legally in Spanish territory, the procedure for residency as a descendant of an EU citizen is your preferred route of entry. This process, protected by specific regulations that are much more favorable than the general immigration regime, allows you to obtain a long-term residency card that equates practically all your rights to those of any EU citizen. Below, we analyze in depth the requirements, the step-by-step process, deadlines, and key aspects to ensure the success of your application.

The Regulatory Framework: Why is this regime different?

Unlike third-country nationals who must submit to the Ley Orgánica 4/2000 (Organic Law 4/2000, commonly known as the Ley de Extranjería or Immigration Law), family members of citizens of the European Union, the European Economic Area (Iceland, Liechtenstein, and Norway), and Switzerland are governed by specific and much more advantageous regulations.

The reference legal framework is based on:

• The Real Decreto 240/2007, de 16 de febrero (Royal Decree 240/2007, of February 16), on entry, free movement, and residence in Spain of citizens of Member States of the European Union and other States party to the Agreement on the European Economic Area. This text transposes Directive 2004/38/EC of the European Parliament and of the Council.
• The Spanish Código Civil (Civil Code), especially regarding the determination of filiation and kinship.

This distinction is crucial: while the general immigration regime requires prior residence and work visas conditioned by the national employment situation, the EU regime recognizes the right to residence and work as a right derived from the family bond, making it enormously easier to obtain.

Substantive Requirements: Who is considered a "descendant"?

Not all direct family members can access this card under the same conditions. EU regulations are very clear in defining who qualifies as a descendant and under what circumstances.

1. Descendants under 21 years of age or legally incapacitated

These are the direct children of the EU citizen (or of their spouse/registered pareja de hecho or de facto partner). For this age group, the right to residency is almost automatic. There is no requirement to prove that they are financially dependent on the EU citizen; it is sufficient to prove the family link (filiation) and that the EU citizen meets the residency conditions in Spain (employment, studies, or sufficient financial resources).

2. Descendants aged 21 or over: The concept of "being in charge"

If the child or grandchild is 21 years old or older, the law requires an additional and strict requirement: proving that they live "a cargo" (dependent on/under the care of) the EU citizen.

"Being a cargo" means that the descendant financially depends on their EU parent or grandparent to cover their basic needs (housing, food, health). This is not a matter of occasional one-off help, but rather a real, structural, and continuous financial dependence over time (generally proven during the last year prior to the application). The applicant must not have sufficient income of their own for their subsistence in their country of origin.

3. Requirements demanded of the EU citizen (The sponsor)

For the descendant to obtain the card, the EU citizen granting the right must meet one of the following conditions in Spain:

• Be an employed worker (trabajador por cuenta ajena).
• Be a self-employed worker (trabajador por cuenta propia or autónomo).
• Have sufficient financial resources for themselves and their family members, in addition to public or private health insurance (with full coverage, equivalent to the National Health System, and without co-payments).
• Be a student enrolled in a recognized public or private institution, have health insurance, and provide a responsible declaration of possessing sufficient resources.

Required Financial Resources: Figures and real examples

The regulations do not establish an exact fixed amount in the Real Decreto, but instead refer to individualized assessments. However, in practice, the Oficinas de Extranjería (Immigration Offices) use the Indicador Público de Renta de Efectos Múltiples (IPREM or Public Multiple Effects Income Indicator) or the amounts of non-contributory pensions as a reference.

For the year 2024, the monthly IPREM is set at 600.00 €.

• If the EU citizen does not work but provides their own funds, 100% of the IPREM is usually required for the sponsor and 50% for each additional family member.
• In the case of descendants over 21 years old, the continuous sending of money from Spain to the country of origin must be proven for at least the last 12 months.

Practical Example 1: Descendant under 21 years old

> Sofía, an Italian citizen, works in Barcelona with an indefinite contract and a net salary of 1,400 € per month. Her son Mateo, who is 17 years old and of Colombian nationality, arrives in Spain. Being under 21 years old, Mateo does not need to prove financial dependence. Sofía only needs to present her employment contract, her last 3 payslips, and Mateo's birth certificate, legalized and apostilled. The card is granted almost automatically.

Practical Example 2: Descendant over 21 years old ("A cargo")

> Carlos, a Spanish citizen residing in Madrid, wants to bring his son Andrés, who is 26 years old and resides in Ecuador. To prove that Andrés is "a cargo", Carlos has made monthly bank transfers to Andrés's name with an average value of 350 € per month during the last 14 months (to cover rent and food in Quito). In addition, a certificate is presented showing that Andrés does not own property, does not receive state aid in Ecuador, and is unemployed. Having met the requirement of continuous financial dependence, Andrés's application is approved.

Step-by-Step Practical Procedures

The process to obtain the Tarjeta de Residencia de Familiar de Ciudadano de la Unión (commonly called the "Union citizen family member card" or "community card") consists of several steps that must be carried out with precision.

1. Entry into Spain: The descendant must enter Spain legally. If, due to their nationality, they require a tourist visa or an EU family member visa, they must process it at the Spanish consulate in their country of origin. If they are exempt from a visa, they can enter with their valid passport.
2. Preparation of documents: It is vital to gather all documentation. Any foreign document must be duly legalized or apostilled (Hague Apostille) and, if it is not in Spanish, translated by a sworn translator (traductor jurado) authorized by the Spanish Ministry of Foreign Affairs.
3. Online or in-person application: The application must be submitted within 90 days (3 months) following entry into Spain. It is highly recommended to submit the application online through the MERCURIO platform (using the digital certificate of the EU citizen or a legal representative).
4. Payment of the fee: You must fill out and pay the fee for form modelo 790 código 012 (or the corresponding form depending on the province). The current fee for issuing the physical card is around 12.00 €.
5. Resolution from the Immigration Office: The Administration has a legal deadline of 3 months to issue a resolution. If the resolution is favorable, the residence card will be issued.
6. Fingerprinting and issuance of the TIE: Once the favorable resolution is obtained, the descendant must request an appointment (cita previa) for "Fingerprinting" (Toma de Huellas) at the corresponding police station or immigration office. There, they will present their passport, the printed resolution, the joint padrón municipal (town-hall registration) with the EU family member, and proof of payment of the fee. In about 30 calendar days, they will be able to collect their Tarjeta de Identidad de Extranjero (TIE or Foreigner Identity Card), which will be valid for 5 years.

Mandatory Documentation You Must Provide

To avoid requests for additional documents (requerimientos) that delay the process, make sure to attach:

• Application form in official template (EX-19) in duplicate, duly completed and signed by the descendant.
• Full and valid passport of the descendant (copy of all pages).
• DNI (Spanish ID) or Certificado de Registro de Ciudadano de la Unión (EU Citizen Registration Certificate) of the EU family member, along with their passport.
• Documentation proving the family link (Apostilled birth certificate and, if applicable, marriage certificate or registration of pareja de hecho).
• Joint empadronamiento (town-hall registration) of both at the same address in Spain.
• Proof of financial resources of the EU citizen (employment contract, work history report or vida laboral, tax return, or bank statements proving the possession of sufficient funds).
• Private health insurance (if the EU citizen does not work as an employee or self-employed worker).
• For those over 21 years old: Documentary proof of money transfers during the last year and documents from the country of origin certifying that the descendant has no income of their own nor direct family members to support them there.

Mistakes You Must Avoid

Making mistakes in the immigration procedure can lead to the denial of the card and the loss of the right to remain legally in the country. Pay special attention to these common errors:

• Not providing proof of financial dependence (for those over 21): Believing that a sworn statement before a notary stating that the child "lives a cargo" is enough. Immigration offices require objective documentary proof of continuous international bank transfers. Cash handed over in person cannot be proven and is usually a ground for denial.
• Presenting foreign documents without an apostille or sworn translation: Any birth certificate or single status certificate issued outside of Spain must bear the Hague Apostille (or consular legalization if the country is not a signatory to the convention) and be translated by an authorized professional in Spain.
• *Failing to maintain joint registration (empadronamiento):* The EU regime requires cohabitation. If the descendant and the EU citizen register at different addresses before obtaining the card, the application will be denied due to lack of effective cohabitation.
• Presenting health insurance with co-payments or waiting periods: If the EU citizen provides private health insurance, it must have full coverage (without co-payments) and no waiting periods (carencias) for hospitalization, equivalent to the benefits of the Spanish public healthcare system.

Frequently Asked Questions (FAQ)

Can I work in Spain while my EU family member card is being processed?

Yes. The right to reside and work in Spain stems from the family bond itself with the EU citizen, not from the granting of the physical card. Once you submit the application (form EX-19) and obtain the filing receipt (resguardo de presentación) with the file number, you are in a situation of legal stay and, if you meet the age requirements, you can be registered with the Seguridad Social (Social Security), although many companies prefer to wait until you have the favorable resolution or the physical TIE to avoid administrative complications.

What happens if the EU citizen dies or we get divorced?

EU regulations protect the descendant. If the descendant is the child of the EU citizen, the death of the latter or the dissolution of the marriage/de facto partnership will not affect their right of residence, provided that the descendant already resided in Spain and, in the case of divorce, certain requirements are met (such as the marriage having lasted at least 3 years, with at least 1 year of cohabitation in Spain).

Does this card allow me to travel freely around Europe?

Yes. The Tarjeta de Familiar de Ciudadano de la Unión allows you to travel throughout the Schengen Area for periods of up to 90 days per semester, provided you carry your valid passport and the physical card with you. However, if you are going to move your permanent residence to another EU country, you must process the corresponding residency in that destination country.

Can I apply for Spanish nationality with this card?

Yes. The EU family member card is a legal residence authorization for all purposes. The time of residence with this card counts towards the period required to apply for Spanish nationality by residence. The general period is 10 years, but it is reduced to 2 years for citizens of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal, or those of Sephardic origin, and to just 1 year if you are married to a Spanish citizen.

In Summary

• Preferred regime: Descendants of EU citizens benefit from the EU regime, which is much faster and more flexible than the general immigration regime.
• Key age limit: Those under 21 years old only need to prove the family link; those over 21 years old must rigorously prove that they live "a cargo" of their EU family member through continuous money transfers.
• Card validity: The initial EU family member card is valid for 5 years, after which you can apply for permanent residence for 10 years.
• Resolution deadline: The Administration has a period of 3 months to resolve the application from its submission.
• Right to work: This authorization allows you to work in Spain both as an employee and as a self-employed worker under the same conditions as Spanish citizens.

General legal information, not personalised legal advice. For your specific situation, ask your question for free at AbogadoAI — answers grounded in Spanish law (BOE), in English.

This is general information, not legal advice. Verify on the BOE or consult a lawyer for your specific case.