Sheet 18 - Authorization of temporary residence of relatives of persons with Spanish nationality

* The content of this page is for guidance only. Only the provisions of the regulations in force at the time of submission of the application are applicable. 

Last update: April 2026

Index of contents 

  • Type of Authorization
  • Basic regulations
  • Scope of application
  • Requirements
  • Exigible documentation
  • Procedure
  • Renewal of temporary residence of relatives of persons with Spanish nationality

TYPE OF AUTHORISATION 

It is a temporary residence authorization that may be granted to a foreign person who does not have the nationality of one of the Member States of the European Union, or of another State party to the Agreement on the European Economic Area or of Switzerland and has a family relationship with a person of Spanish nationality, regardless of the place and time in which the link is created, provided that they maintain and accompany him, join or join him in national territory, except in the case of sons and daughters whose father or mother are or would have been Spanish of origin in which case they may do so in any circumstance.

BASIC REGULATIONS 

  • Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration (art. 31)
  • Royal Decree 1155/2024, of 19 November, approving the Regulations of Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration (articles 93 to 98).

SCOPE OF APPLICATION 

Those who find themselves in one of the following situations may apply for this authorization whenever they live together:

  1. The spouse over eighteen years of age, provided that no agreement or declaration of nullity of the matrimonial bond or divorce has been entered into and has not been entered into in fraud of law.
  2. An unmarried foreign couple over 18 years who maintains with the person of Spanish nationality a relationship of affectivity similar to the conjugal relationship and registered in a public register established for that purpose in a Member State of the European Union or a State party to the Agreement on the European Economic Area or in Switzerland, provided that it has not been concluded in fraud of law and that such registration has not been cancelled, which must be sufficiently accredited.
  3. The unmarried foreign couple over eighteen years of age who maintains a stable relationship with the person of Spanish nationality duly proven. In any case, a stable couple duly tested shall mean a couple which accredits sufficiently a relationship of cohabitation analogous to the conjugal relationship, within or outside Spain, of at least twelve continuous months. The prior period of cohabitation will not be required if the couple has common descendants as long as the link is maintained. 
    The situations of marriage, registered partner and stable partner will be considered, in any case, incompatible with each other.
  4.  Your children or, those of your spouse, registered partner or stable couple as long as it also resides or is going to reside in Spain, under twenty-six years of age, or over that age who are in your care, or who have a disability for which they need support for the exercise of their legal capacity.  
  5. First-degree direct ascendants in direct line and those of their spouse, or registered partner or stable partner provided that no agreement or declaration of nullity of the marriage bond, or divorce, or the registration of the partner has been cancelled in the following cases:  

    1.º when they prove that they live in their care and lack family support at source,

    2. When there are reasons of a humanitarian nature.

  6. The father, mother, guardian or guardian of a minor of Spanish nationality, provided that the applicant is in charge of the minor and lives with him or is aware of his obligations in respect thereof. This relationship must have been established in accordance with the Spanish legal system.
  7. A single family member, up to the second degree, who performs or is going to perform the care required by a person with Spanish nationality who has recognized any of the degrees of dependency provided for in article 26 of Law 39/2006, of 14 December, on the Promotion of Personal Autonomy and Care for people in situations of dependency.
  8. Sons and daughters whose father or mother are or would have been Spanish by origin. 
  9. Other members of your family not included in the previous sections, and prove, reliably, at the time of the application, that they are under your care. 

REQUIREMENTS 

  • Not to have the nationality of a State of the European Union, of the European Economic Area or of Switzerland.
  • Lack of criminal records in Spain and in the countries where he has resided for the last five years, for crimes existing in the Spanish legislation.
  • Not to appear as rejectable in the territorial area of countries with which Spain has signed an agreement in this regard.
  • Not to be found, where appropriate, within the period of commitment not to return to Spain.
  • Do not pose a threat to public order, safety or public health. 

  • Not to suffer from any of the diseases that may have serious public health repercussions in accordance with the International Health Regulations of 2005.

    Note: It is not required to provide a medical certificate certifying that the foreign person does not suffer from any of the diseases that may have serious public health repercussions in accordance with the provisions of the International Health Regulations of 2005 in cases where, according to the RLOEx, he/she requests his/her residence authorization while in Spain.

  • Have with a person of Spanish nationality a family relationship regardless of the place and time in which the link is created, provided that they remain and accompany him, join or join him in national territory, except if they are sons and daughters whose father or mother are or would have been Spanish of origin in which case they can do so in any circumstance.
  • In the event of being married at second marriages, accreditation of the dissolution of the previous marriage(s). The form of accreditation could be judicial or notarial, depending on the legislation of each country.

EXIGIBLE DOCUMENTATION 

Note: in general, copies of the documents must be provided and the originals must be displayed at the time of submitting the application. 

  • Concerning the relative of a family member of Spanish nationality: 

1.º Full copy of the passport, or of the national identity document, in force.

2.º In cases of application in favor of spouse or partner, responsible statement that no other spouse or partner resides with him in Spain.

  • Concerning the foreign relative: 

1.º Full copy of the passport, of the travel certificate, in force.  

2.º Provide the certificate of criminal record of the country or countries where you have resided the five years prior to the submission of the application, provided that it has not been produced in Spanish territory.

3.º Documentation accrediting the existence of the family link with the family member of Spanish nationality.  

4.º In the cases in which this is required, documentation proving that the relative is in charge of the relative of Spanish nationality.  

5.º In the cases of other members of your family (case i. of the list of situations described above) the dependency, coexistence, degree of kinship and, where appropriate, the existence of serious reasons of health or disability must be accredited.  

6º In the case of a stable couple, documentation that justifies the existence of a stable relationship with the couple of Spanish nationality, the time of coexistence and, where appropriate, birth certificate of common descendants.

Important note: when documents are provided from other countries they must be translated into Spanish or co-official language of the territory where the application is submitted by an official translator.

List of sworn translators 

On the other hand, any foreign public document must be previously legalized by the Consular Office of Spain with jurisdiction in the country in which the document has been issued or, where appropriate, by the Ministry of Foreign Affairs, European Union and Cooperation except in the case where the document has been apostilled by the competent authority of the issuing country in accordance with the Hague Convention of 5 October 1961 and unless the document is exempt from legalization under the International Convention.

Information on translation and legalization of documents. 

PROCEDURE 

*Note: this procedure will be free of charge. 

  • Subject legitimated to submit the application:  
  1. The person of Spanish nationality, personally or through representation, when he is in national territory and the foreign one is in the State of origin or of origin and both intend to establish their residence effectively in Spain.
  2. The foreign person, when both the family member of Spanish nationality and the foreign family are outside the national territory and plan to transfer or establish their residence in a real way in Spain.
  3. Exceptionally, when the foreign person and the Spanish citizen are in the national territory, the relatives of letters a), b), c), f), g), h) regulated in the "scope of application" section described above, may apply in Spain, indistinctly, for either of these temporary residence permits.  

Information sheet on legitimated subjects 

  • Place of presentation:
    • If the application is submitted by the relative of Spanish nationality (section a): to the Aliens Office of the province in which he resides. 
    • In case the authorization is granted, the relative must submit the application for the corresponding visa within one month from the notification of the concession to the competent Spanish Consular Office.  
    • If the application is submitted by the foreign person (section b): to the competent Spanish Consular Office. 
    • If the application is submitted by the family member of Spanish nationality or the foreign person (section c): to the Aliens Office of the province in which he or she has established or is going to establish his or her residence. 
    • Telematically, through the electronic headquarters of the Ministry of Territorial Policy and Democratic Memory (Mercurio).

Address information, telephone numbers and hours of service to the public

  • Deadline for the resolution of the request: two months from the date of submission of the request or from the receipt of the communication from the Consular Office. Once this period has elapsed without having received a response, it will be understood that the request has been dismissed by administrative silence. (When it has not been possible to notify the resolution will be announced in the Single Edictal Board (TEU) . If you have opted for electronic notification or if you are legally obliged to use that medium, the resolution will be notified by publication in the electronic headquarters. If the resolution is not accessed within ten calendar days of its publication, it will be given as notified). 
  • Within a period of one month from the notification of the granting of the authorization of temporary residence or from the date of entry into the national territory, the foreign person must personally request the identity card of a foreigner, at the competent police station or police services of his place of residence.  

The documentation to be provided in the application for the alien identity card can be consulted at the following link:

https://sede.administracionespublicas.gob.es/procedimientos/index/categoria/34 

  • In case the foreign person is in Spain, the granting of the residence authorization will be valid for five years from the date of its granting or, where appropriate, it will be granted for the expected period of residence in Spain of the family member of Spanish nationality if it is less. In case the foreign person is outside Spain, the granting of the authorization will take effect from the date on which he/she enters Spanish territory.
  • The presentation of the application will grant, during its processing and until its resolution, the right to remain provisionally to family members in Spain and, in the case of those referred to in letters a), b), c) and d) of the section “scope of application”, will empower them to carry out work or professional activities for an employed or self-employed person, respectively. The maintenance of the provisional authorization and, where appropriate, of the authorization to work will be conditioned to the subsequent final granting of the authorization.  
  • During the validity of this authorization, foreign persons will have the right to reside and work without the need to carry out any additional administrative procedures, being conditioned to the fulfillment of their requirements, and provided that they exceed the minimum age of admission to work. This authorization entitles them to work for an employed or self-employed person in any part of the Spanish territory, occupation or sector of activity.  
  • Family members who have acceded to the residence permit, after having accredited the status of dependent foreign person, may maintain or maintain it, even if they exercise in Spain, during its validity, activities for an employed or self-employed person, without prejudice to the possibility of applying for an independent residence permit. They may also exercise their own right to family reunification in accordance with Articles 68 and 69 of the Regulation.

RENEWAL OF TEMPORARY RESIDENCE OF RELATIVES OF PERSONS WITH SPANISH NATIONALITY 

If the duration of the authorization is less than the maximum of five years, it may be renewed provided that the necessary conditions are maintained, for five years or for the expected period of residence in Spain of the family member of Spanish nationality if it is less, provided that the application is submitted in the two months prior to the date of expiration or in the three months following it. The submission of the application within the renewal period extends the validity of the previous authorisation until the termination of the procedure.

The application must be submitted by the foreign person to the Aliens Office of the province in which he or she has established or is going to establish his or her residence.

A complete copy of the passport, travel document or registration card valid and in force of the foreign person must be submitted, as well as the application form in official model (EX -24), duly completed and signed by the foreign person.