COMPREHENSIVE GUIDE TO PETITION A FAMILY MEMBER

AS A SPANISH CITIZEN

 

Reuniting with your family in Spain is a dream we can make real. At MSM Legal Consulting, we specialize in securing the temporary residence permit for family members of Spanish nationals, regulated by Articles 123 to 128 of Royal Decree 1155/2024.

 

This permit allows your loved ones to live, work, and thrive in Spain legally. Led by D. Manuel Silva Manzanero, colegiado nº 869 of the Tortosa Bar Association, our team guides you from start to finish—preparing documents, submitting applications, and ensuring your family receives their Foreigners’ Identity Card (TIE).

 

We also offer document translation services to meet all legal requirements.

With the new law, your family can start being legal from the moment we submit the application. Let us help you bring your family to Spain with confidence.

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What is This Permit?

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The temporary residence permit is for family members of Spanish citizens who are not from the EU, EEA, or Switzerland. It allows them to:

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• Live in Spain with the Spanish citizen, either by joining them or staying together.

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• Work freely in any job—whether employed or self-employed—anywhere in Spain, without needing additional permits.

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• Stay for up to five years, or for the duration the Spanish citizen plans to live in Spain if shorter, with the option to renew.

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New Law Benefits:

 

Thanks to Royal Decree 1155/2024, once we submit your application, your family member is provisionally legal in Spain during processing, and some can even work immediately.

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Example: Maria, a Spanish citizen, wants her husband Juan from Colombia to join her in Barcelona. With this permit, Juan can live in Spain, work as a waiter or start a business, and be legally protected from the moment we file his application.

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Who Can Apply?

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You can apply if you’re a family member of a Spanish citizen, plan to live with them in Spain,

and fit one of these categories:

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1. Spouse (over 18), with a valid, non-fraudulent marriage. If the Spanish citizen was married before, they must prove the previous marriage ended legally, with arrangements for the ex-spouse or children.​

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• Example: Ana, a Spanish citizen, marries Li from China. Li can apply with a legalized marriage certificate.

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2. Registered partner (over 18), in a marriage-like relationship registered in a public registry of an EU, EEA, or Swiss country, and still active.​​

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• Example: Carlos, a Spanish citizen, and Emma from Australia registered their partnership in Germany. Emma qualifies if the registry is valid.

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3. Stable partner (over 18), with a serious relationship proven by 12 months of living together (inside or outside Spain) or a shared child.​

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• Example: Sofia, a Spanish citizen, has lived with Ahmed from Morocco for two years. Ahmed can apply with proof like a joint lease. If they have a baby, the 12-month rule doesn’t apply.

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4. Children (under 26, or older if financially dependent or disabled) of the Spanish citizen or their spouse/partner, if unmarried and not independent. For children of a spouse/partner under 18, the foreign parent needs full custody or the other parent’s consent, unless the child was born and lives in Spain.

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• Example: Miguel, a Spanish citizen, wants his 20-year-old daughter Clara from Peru to join him. Clara, a student, qualifies if she depends on Miguel.

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​ 5.Parents of the Spanish citizen or their spouse/partner, if they rely on them financially or for humanitarian reasons (e.g., illness).

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• Example: Laura, a Spanish citizen, supports her 60-year-old mother Rosa from Ecuador. Rosa can apply with proof of Laura’s support.​​​​​​​​​​

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6. Parents or guardians of a Spanish minor, if they care for and live with the child or meet their responsibilities.

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• Example: Javier, from Bolivia, fathers a Spanish minor in Valencia. He qualifies by showing he supports his daughter.

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7. Caregivers (relatives up to second-degree, like siblings or grandparents), caring for a Spanish citizen with recognized dependency.

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• Example: Pedro, a Spanish citizen with a disability, relies on his brother Luis from Mexico. Luis qualifies with Pedro’s dependency certificate.

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​8. Children of Spanish citizens by birth, regardless of their situation.

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• Example: Carmen, born to a Spanish-born mother, can apply despite living in Argentina her whole life.

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9. Other dependent relatives, if you prove they rely on the Spanish citizen and live with them.

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• ​Example: Elena, a Spanish citizen, supports her cousin Diego from Venezuela, who lives with her. Diego qualifies with dependency evidence.

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You can apply for all family members at once or some now and others later. Important: You can’t apply as a spouse, registered partner, and stable partner simultaneously—these are exclusive.

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What Documents Do You Need?​​

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You’ll need documents to prove your relationship and meet legal requirements. We’ll review everything and translate documents into Spanish if needed (e.g., certificates in Arabic, Chinese, or Russian). Here’s what’s typically required:

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• For the Spanish Citizen:

  • A valid passport or Spanish ID (DNI) (full copy).

  • For spouses or partners, a signed declaration stating they don’t live with another spouse or partner in Spain.

  • Tip: If the DNI address is outdated, include a recent utility bill or empadronamiento certificate to confirm your address.

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• For the Foreign Family Member:

  • A valid passport or travel document (full copy).

  • Proof of family relationship:

    • Marriage certificate for spouses (legalized/apostilled if from abroad).

    • Partnership registry extract for registered partners.

    • For stable partners, evidence like joint bank accounts, shared leases, or a child’s birth certificate.

    • Birth certificates for children or parents (translated/legalized if needed).

    • Adoption documents for adopted children, valid in Spain.

  • Proof of dependency (for parents, other relatives): Bank transfers, affidavits, or shared expense records.

  • Clean criminal record (for stable partners, caregivers, parents, dependent relatives, or children of Spanish-born citizens), from their home country or countries of residence.

  • Example: Juan from Colombia applies as Maria’s spouse. He sends his passport, legalized marriage certificate, and criminal record. Maria sends her DNI and declaration.

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MSM Translation Services:

 

If your documents aren’t in Spanish, we’ll translate them professionally and ensure they’re legalized or apostilled.

 

 For example, we can translate a Moroccan birth certificate or a Chinese marriage record, saving you time and hassle.

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Idea: Keep a digital folder with all documents as PDFs or clear scans to make emailing them to us easier.

If you’re unsure about a document, we’ll guide you on where to get it (e.g., local registry, consulate).

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How Does the Process Work?

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The process depends on where the foreign family member is when you apply, which changes where you start. Under the new Royal Decree 1155/2024, your family member is provisionally legal in Spain from the moment we submit the application, and some can work during processing. We’ll manage every step until they hold their TIE, keeping you informed.

 

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Here’s how it works:

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1. If the Spanish Citizen is in Spain and the Family Member is Abroad:

   • Step 1: The Spanish citizen emails documents to silva@msmlegalconsulting.es (mailto:silva@msmlegalconsulting.es). We prepare and submit the application to the Immigration Office (Oficina de Extranjería) in their province (e.g., Tarragona, Madrid).

   • Step 2: The Immigration Office reviews the application within two months. We monitor progress and handle any requests for additional documents.

   • Step 3: If approved, the family member applies for a visa at the Spanish consulate in their country (e.g., Manila for the Philippines). We provide the consulate with all documents.

   • Step 4: With the visa, they enter Spain, and we book their TIE appointment at the local police station within one month.

   • Example: Maria in Barcelona wants Juan in Colombia. She emails us Juan’s documents. We apply in Barcelona, get approval, and Juan gets his visa in Bogotá. We then schedule his TIE appointment.​

2. If Both the Spanish Citizen and Family Member Are Outside Spain:

   • Step 1: The family member emails documents to silva@msmlegalconsulting.es (mailto:silva@msmlegalconsulting.es). We prepare the visa application, which includes the residence permit.

   • Step 2: They submit the visa application at the Spanish consulate in their country. We liaise with the consulate to ensure compliance.

   • Step 3: The consulate processes the visa within two months. If approved, they enter Spain.

   • Step 4: We arrange their TIE appointment within one month of arrival.

   • Tip: Consulate appointments can be competitive. We’ll help secure a slot quickly.

3. If Both Are Already in Spain:

   • Step 1: Eligible family members (spouses, partners, children under 18, parents of Spanish minors, caregivers, or children of Spanish-born citizens) email documents to silva@msmlegalconsulting.es (mailto:silva@msmlegalconsulting.es).

   • Step 2: We submit the application to the Immigration Office in your province.

   • Step 3: The application is processed within two months. Your family member is provisionally legal during this time, and some (spouses, partners, children) can work.

   • Step 4: If approved, we book their TIE appointment within one month.

   • Example: Sofia and Ahmed in Madrid want Ahmed’s permit. They email us documents. We apply in Madrid, get approval, and schedule Ahmed’s TIE appointment.

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Key Details:

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• Provisional Legality: From the moment we submit your application, your family member is legally allowed to stay in Spain during processing, thanks to the new law.

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• Work During Processing: Spouses, partners, and children applying in Spain can work while waiting for approval.

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• Free Process: There are no government fees, and applications are prioritized.

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• MSM Support: We handle translations, submissions, follow-ups, and TIE appointments, ensuring you’re supported until your family member is fully legal.

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Benefits of Obtaining the TIE

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Once your family member receives their Foreigners’ Identity Card (TIE), they enjoy significant advantages:

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• Legal Residency: The TIE proves they can live in Spain legally, giving peace of mind and access to public services like healthcare and education.

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• Full Work Rights: They can work in any job (e.g., teacher, chef, freelancer) or start a business (e.g., a café, online store) anywhere in Spain, without restrictions.​

• Example: Juan, with his TIE, works as a delivery driver in Barcelona and later opens a small food truck, all legally.

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• Long-Term Stability: The permit lasts up to five years and can be renewed, offering a secure future.

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• Family Reunification: They can later apply to bring their own family members (e.g., their children or parents) to Spain.

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• Freedom of Movement: The TIE allows travel within Spain and, with a valid passport, to other Schengen countries for short stays.

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• No Job Market Limits: Their job options aren’t affected by Spain’s employment situation, unlike other permits.

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• Path to Permanence: After five years of legal residence, they may qualify for a permanent residence permit.

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How to Work with MSM Legal Consulting

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We’re your partner from the first contact to the moment your family member holds their TIE. Here’s how to get started:

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1. Contact Us:

   • Email silva@msmlegalconsulting.es (mailto:silva@msmlegalconsulting.es) or call +34 911 436 202 to discuss your situation.

   • Share details about your family member (e.g., spouse, child) and their location (Spain or abroad). We’ll outline the process and requirements.

   • Idea: Schedule a free consultation to explore your options and get personalized advice.

2. Send Documents:

   • Gather documents (passports, certificates, proof of relationship, etc.) as PDFs or clear scans.

   • Email them securely to silva@msmlegalconsulting.es (mailto:silva@msmlegalconsulting.es). If you’re unsure about a document, we’ll help you obtain it (e.g., from a registry or consulate).

   • If documents are in another language, we’ll translate them into Spanish and ensure they’re legalized or apostilled.

   • Tip: Label files clearly (e.g., “Juan_Passport.pdf”) to speed up processing.

3. We Manage the Process:

   • We prepare and submit your application to the Immigration Office or consulate.

   • We handle translations, respond to any Immigration Office requests, and track progress.

   • We book TIE appointments and guide you through final steps.

   • Example: For Juan’s permit, we translated his marriage certificate, submitted Maria’s application in Barcelona, followed up with the Immigration Office, and booked Juan’s TIE appointment.

4. Receive Your TIE:

   • Once approved, your family member gets their TIE, confirming their legal residency and work rights.

   • We ensure you’re supported until this final step, leaving you free to focus on your new life in Spain.

 

 

 

Data Protection: Your documents are handled with the utmost confidentiality, complying with the General Data Protection Regulation (GDPR) and Organic Law 3/2018. We use your data only for the application and store it only as long as required.

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Frequently Asked Questions (FAQs)

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• How long does it take to get the TIE?
  The Immigration Office or consulate processes applications in up to two months. Visa or TIE issuance may add a few weeks, but we work to minimize delays.

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• Can my family member work while waiting?
  Yes, if they’re a spouse, partner, or child applying in Spain, they can work during processing, starting from the application submission date.

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• What if my documents aren’t in Spanish?
  No problem! We’ll translate them into Spanish and ensure they’re legalized or apostilled, making the process seamless.

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• What happens if the application is delayed?
  Your family member remains provisionally legal during processing. We’ll follow up with authorities to keep things on track.

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• Can we apply if we’re already in Spain illegally?
  In some cases (e.g., spouses, parents of Spanish minors), you can apply in Spain. Contact us at silva@msmlegalconsulting.es (mailto:silva@msmlegalconsulting.es) to check your eligibility.

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• How do I know if my relationship qualifies as a stable partnership?
  We’ll help you gather evidence (e.g., shared bills, photos, or a child’s birth certificate) to prove 12 months of cohabitation or a shared child.

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Idea: Visit our Resources page (or we can create one) for a downloadable checklist of documents and tips for gathering evidence, making preparation easier.

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Why Choose MSM Legal Consulting?

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At MSM Legal Consulting, we’re more than immigration experts—we’re your partners in building a new life in Spain. Here’s why clients trust us:

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• Full Support: We guide you from document collection to TIE issuance, handling every detail.

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• Translation Services: We translate and legalize documents, saving you time and ensuring compliance.

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• Experienced Team: Led by D. Manuel Silva Manzanero, colegiado nº 869, we have years of success in immigration law.

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• Personalized Care: We tailor our services to your unique situation, keeping you informed at every step.

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• Confidentiality: Your data is protected under GDPR and Organic Law 3/2018, giving you peace of mind.

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Ready to bring your family to Spain? 

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Email us at silva@msmlegalconsulting.es (mailto:silva@msmlegalconsulting.es) or call +34 911 436 202 to start your application today. At MSM Legal Consulting, we’re committed to making your family’s journey to Spain smooth, legal, and successful

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