How To Apply For Residency in Spain non-EU Spouse and Family Members: In Malaga

If you are moving to Malaga, for more than three months, and your family members are not EU nationals, you can apply for an EU National Family Member Card for them to live in Malaga with you.

In this article, I will explain the basic steps to be taken to apply for residency in Spain. This is for a non-EU spouse and family members of EU citizens. It is not a complicated process, but it does require preparation and patience. You may consider using the services of an immigration lawyer to act on your behalf.

EU rules make it easier for your family to join you, even if they are non-EU nationals. Only if you are an EU citizen who’s moved to another EU country to live or work.

Where and when do you apply for residency in Spain non-EU spouse and family members?

Where?

OFICINA DE EXTRANJERÍA Calle Virgen del Gran Poder, 40 29071 – Málaga

Phone: 95 298 95 00

Fax: 95 298 95 47

Email:  infoextra.malaga@seap.minhap.es

Open: Monday to Friday 9h to 14h

When?

No later than 3 months after arriving in Spain.

What Documents do you need to apply for residency in Spain for non-EU spouse and family members?

  • A completed EX19 form and copy
  • Complete the Spanish form here: https://sede.policia.gob.es/portalCiudadano/sede_electronica/extranjeria/EX19.pdf
  • A Valid passport
  • For a Partner / Spouse – proof of the family link
  • For Children over 21 – proof they are your dependent(s)
  • For Children under 21, not living Spain – proof of the family link or that they are your dependent(s)
  • For Parents / Grandparents – proof they are your dependent(s)

Rules and regulations often change, please check all the updates on this page: https://extranjeros.inclusion.gob.es/es/InformacionInteres/InformacionProcedimientos/CiudadanosComunitarios/hoja102/index.html#documentacion (in Spanish)

What Documents will you receive?

The stated time to process the application for residency in Spain for non-EU family members is three months, however, this can sometimes take longer.

Upon submission of the application, you will receive a document that proves legal permission to stay in Spain, until the official residency card has been issued.

Upon successful application, your non-EU family members will receive a residence card that is valid for 5 years.

Other Useful Information about Residency in Spain for non-EU spouse and Family Members*

Workers*

If you are working in another country – as an employee, self-employed or on a posting, your non-EU spouse, (grand) children or (grand)parents can stay there with you without having to meet any other conditions. You will be required to present documentation proving your employment situation.

Pensioners*

If you are a pensioner living in another country, your non-EU spouse, (grand)children or (grand)parents can also live there with you if you have (for you and your whole family):

  • sufficient income to live without needing income support.
  • comprehensive health insurance in that country.
  • National authorities may not require your income to be above the level that would qualify your family for basic income support in that country.

Equal treatment*

During their stay in your new country, your non-EU spouse, (grand)children or (grand)parents should be treated as nationals, notably as regards access to employment, pay and benefits facilitating access to work, enrolment in schools, etc.

 Request to leave / Expulsion*

Your non-EU spouse, (grand) children or (grand) parents may live with you in another EU country as long as they continue to meet the conditions for residence. If they no longer do so, the national authorities may require them to leave – but they cannot be expelled.

In exceptional cases, your new country can decide to expel them on grounds of public policy or public security, but only if it can prove they represent a very serious threat.

The expulsion decision or request to leave must be given to them in writing, stating all the grounds and specifying how they can appeal and by when.

NOTES of Interest:*

The authorities should make their decision to issue a residence card or not within 6 months. If they do not do so, you can request assistance services here.

Be advised that your non-EU family members cannot be expelled if their visa expired while their application is being processed.

If their application is rejected, the authorities must give them the decision in writing, stating the grounds for the decision and its implications, and specifying how your relatives/partner can appeal and by when.

When their application is accepted, the residence card will often be issued free of charge. If fees are charged, they may not be more than those charged to nationals for similar documents, such as identity cards.

The document should clearly state that it is the residence card of an EU national family member.

The residence card should be valid for 5 years (or for your planned length of stay, if shorter). Any change of address should be reported to the authorities.

*Reference: http://europa.eu/youreurope/citizens/residence/documents-formalities/non-eu-family-members-residence-card/index_en.htm

IMPORTANT UPDATE JANUARY 2024: PLEASE READ OUR LATEST POST ON APPLYING FOR RESIDENCY IN SPAIN IN 2024 CLICK HERE

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