Many European citizens who reside in Spain wish to reunite with their parents so that they can enjoy a better quality of life, connect with potential grandchildren with whom they have not had the opportunity to interact or receive tangible financial and emotional support at this stage of their lives.

The good news is that Spanish legislation provides mechanisms that allow the relatives of EU citizens to reside legally in Spain under certain conditions.

If you are an EU citizen and live in Spain, we explain what requirements you must meet to bring your parents over 80 years old, or your spouse or partner (registered or not), provided that that link has not ended, which would have given them the right to reside in Spain. 

Who can apply to have their parents reunited?

Citizens of a member country of the European Union (including Spain), the European Economic Area or Switzerland who reside in Spain may apply for residence for those direct relatives who do not hold this status.

This will be allowed in one of the following cases: 

1.º when it is proven that such ascendants They live on their own of the “reagrupante” (the citizen or citizen of European nationality who wishes to bring them to Spain) and they lack family support in their origin, o; 

2nd when they compete reasons of a humanitarian nature.

It is understood that the foreign person is in charge of another person or persons when there is one. actual situation by which guarantee material assistance or support that proves economic or physical dependence.

On the other hand, it is considered that there exists economic dependency when the material or economic aid provided is directed to meet their basic needs in life whenever sea real, stable and sustained in time (not isolated and punctual), that is produce in the country of origin or of origin and that pre-existing at the time of submitting the application.

Physical dependence is understood as the actual situation determined by serious health reasons for those for whom it is strictly necessary to assume personal care of the parents, provided that they lack adequate family support in the country of origin, and that the dependency arises from the suffering of a serious illness exist prior to the date of submission of the application and that the employee is not objectively capable to provide for their own needs due to their health condition.

Why is it important to be over 80 years old?

The regulations of the Organic Law on Foreigners presumes That the relatives over 80 years of age or who have already been diagnosed with a disease originating from a combination of multiple pathologies that are prone to chronic illness, severe loss of functional or mental capacity, are in charge of the coordinator. 

For persons under that age or who do not suffer from any illness, the foreign office will assess their personal, family, economic, and patrimonial situation in the country of origin or provenance, pretending that the ascendant is in charge when he/she has received funds or incurred expenses during at least the year preceding the date of submission of the application representing, for each of them, at least 51 % % of the GDP per capita, calculated annually, of the country of origin according to the data published by the World Bank, having to be accredited the regrouping that takes place that it has a financial situation and a degree of economic autonomy compatible with that situation, This is justified by the fact that at least 100% of the pensions set annually in the budget law are paid.

Therefore, when parents have reached the age of 80 or suffer from the pathologies indicated above, the procedure is usually simpler, since the foreign court is not called upon to assess this overall background for the purposes of a favorable resolution. 

Main requirements for bringing your parents to Spain

To obtain residence as a family member of an EU citizen, it will normally be necessary to provide proof of:

1. Family bond

The birth certificate of the European citizen must be provided to prove the relationship with the parents.

If the document was issued outside Spain, it must be legalized or apostilled and, if necessary, translated by a sworn translator.

2. Economic dependency

One of the most important requirements is to prove that the parents are economically dependent on the European citizen.

To do this, they usually present:

• Regular money transfers.
• Bank transfers.
• Justifications for expenses incurred by the son or daughter.
• Documentation proving the lack of sufficient income in the country of origin.

The stronger the proof of dependency, the greater the chances of success.

3. Sufficient economic means

The European citizen residing in Spain must prove that they have sufficient financial resources to support their family members without becoming a burden on the public system.

Depending on the situation, the following can be provided:

• Employment contracts.
• Payroll.
• Tax declarations.
• Savings or wealth.

4. Medical insurance

If the person being reunited is of Spanish nationality, it will not be necessary (although it is advisable) for the parents to obtain health insurance to apply for the reunification. However, this will be the case if they are nationals of another EU country, Switzerland, Iceland, Liechtenstein or Norway who do not work for hire or own business and who intend to reunite the family by justifying the adequacy of their financial means. 

What residence will your parents get?

Once the procedure has been approved, parents will be able to apply for a Union Citizen Family Member Residence Card (if it is for regrouping with other countries) or a European Nationality Family Member Residence Card. 

This permit allows them to:

• Living legally in Spain.
• Entering and leaving the country without needing to apply for additional visas.
• Access to certain public services.
• Staying in Spain for long periods of time.

In addition, the card is usually granted for several years, providing stability and legal certainty for the entire family.

How long does the procedure take?

Deadlines can vary depending on the province and the workload of the foreign office, with the Autonomous Communities of Madrid, Catalonia and the Canary Islands (with their respective provinces) being the areas with the highest delays and currently facing incalculable delays in processing these requests. 

Therefore, it is important to properly prepare all the documentation from the beginning to avoid any requirements, delays, or possible denials.

Nomadis Legal helps you reunite your family in Spain

Each family case is different, and poorly prepared documentation can delay or complicate the process. At Nomadis Legal, we analyze your situation, review all the requirements, and accompany you through each step of the procedure so that your parents can obtain their residency in Spain with the maximum guarantees.

If you want to bring your parents who are over 80 years old to live with you in Spain, our team can help you find the most suitable route for your case.