📄 VISADO

Family member of Spanish citizen

New category introduced by Royal Decree 1155/2024 (RELOEX), in force since May 2025. Residence card for family members of Spanish citizens: spouse, registered partner, children up to age 26, and dependent ascendants. Work authorization is granted from the date of application.

Minimum income No minimum income required from the family member (the Spanish citizen demonstrates sufficient means)
Initial duration 5 years
Decision time 1–3 months
Work allowed? ✓ Yes
Family allowed? ✗ No
Fee 2026 TIE card fee (€16.08)

💡 RELOEX update May 2025: the Spanish citizen initiates the application process. The family member is entitled to work from the date the application is submitted. Spouses may apply for Spanish citizenship after 1 year of residence.

📋 Authorizes both employed and self-employed work from the very day the application is filed.

Step by step

The Spanish citizen initiates the application at the Immigration Office (Oficina de Extranjería) in their province of residence.

1
The Spanish citizen gathers the required documents
The Spanish citizen prepares: their national ID (DNI), the family member's passport, proof of family relationship (marriage, birth certificate), joint municipal registration, and Form EX-24.
2
Book an appointment at the Immigration Office
The Spanish citizen books an appointment at the Immigration Office (Oficina de Extranjería). The application must be submitted by the Spanish citizen, not the family member.
3
Submit the application (EX-24)
Submit Form EX-24 together with all supporting documents. From this point, the family member is already entitled to work in Spain.
4
Decision
This is where the page said the exact opposite of the rule, and it is the most damaging kind of error. Art. 97.6 RD 1155/2024 gives TWO months, not three — "the competent body shall decide and notify within two months from the date the application was filed. Once that period has elapsed without an answer, the application shall be deemed REFUSED". Silence runs against you: if you let the deadline pass believing it was granted, you lose your window to appeal. And if the file is incomplete, the request to complete it carries a deadline "which may not exceed fifteen days"; miss it and you are deemed to have withdrawn.
5
Collect the TIE residence card
Once approved, the family member collects their 5-year TIE residence card. This card serves as proof of residence and work authorization in Spain.
Publicidad

Mistakes that get applications refused

⚠️ Applying under the EU family member regime (EX-19) instead of the Spanish citizen family member regime (EX-24)

Consecuencia: Incorrect processing — the benefits of immediate work authorization and accelerated citizenship eligibility are lost

Solución: If your relative is a SPANISH citizen, always use Form EX-24 (family member of a Spanish citizen), not EX-19 (family member of an EU citizen). These are two distinct legal regimes.

⚠️ Believing that ONLY the Spanish citizen may file the application

Consecuencia: Giving up on filing when you could. Art. 97.1 assigns the role depending on where each of you is, and in two of the three cases it is not the Spaniard who files.

Solución: Check your case. If the foreign relative is in their country of origin and the Spaniard is in Spain, the Spaniard files (art. 97.1.a). If BOTH are outside Spain, the foreign relative files at the consulate (art. 97.1.b). And if both are already in Spain, "either of the two" may file (art. 97.1.c).

⚠️ Applying for children over age 26 without proving dependency

Consecuencia: Refusal

Solución: RELOEX extends eligibility to children up to age 26. For those over 26, financial dependency on the Spanish citizen must be demonstrated.

⚠️ Failure to prove cohabitation with the Spanish citizen

Consecuencia: Refusal or request for additional documentation

Solución: Register at the same address as the Spanish citizen (empadronamiento) before submitting the application.

Who can apply

  • Art. 94.1 RD 1155/2024 opens the route to nine cases, and the opening line sets one condition for all of them — "provided they live together".
  • Spouse over eighteen, with no annulment or divorce and no marriage of convenience (art. 94.1.a)
  • Unmarried partner over eighteen registered in a public register (b), or a duly proven stable partner (art. 94.1.c)
  • Children — theirs or their spouse's or partner's — UNDER TWENTY-SIX, or older if dependent, provided they live together or intend to and are not married nor have formed their own family unit (art. 94.1.d)
  • Direct FIRST-DEGREE ascendants, theirs or their spouse's or partner's (e). Grandparents are second degree and do NOT qualify here; only under art. 94.1.g), as the single relative up to the second degree caring for a Spaniard with a recognised degree of dependency
  • The father, mother or guardian of a minor of Spanish nationality, "provided the applicant has the minor in their care and lives with them or is up to date with their obligations towards them" (art. 94.1.f). The clause adding "this relationship must have been established under Spanish law" is VOID since Supreme Court judgment 868/2026 of July 8 (ECLI:ES:TS:2026:3113, ruling Second.b) — a guardianship set up by a competent foreign authority is recognized, without prejudice to the Administration checking that it does not breach public order or the best interests of the child
  • Sons and daughters "whose father or mother is or was Spanish by origin" (h) — this one with NO age limit

What this route gives you

  • Living and working, employed or self-employed, "without any additional administrative formality" while the conditions hold and you are above the minimum working age (art. 95.1), anywhere in Spain and in any occupation or sector
  • Provisional work FROM THE APPLICATION, but in one case only — art. 97.1.c), where the foreign relative and the Spaniard are both already in Spain. There, once the application is admitted, provisional leave to live and work is granted, and "once the final authorisation is granted, its effects shall be backdated to the moment the application was filed" (art. 97.5). If the relative is still abroad, this does not apply
  • No income requirement on the family member
  • A 5-year card — with a caveat worth knowing: the authorisation lasts five years "or for the period the Spanish family member is expected to reside in Spain, if shorter" (art. 95.3)
  • You may later exercise your own right to family reunification (art. 95.2)
  • Who files depends on the case, and it is not always the Spaniard — they file it if the relative is in their country of origin (art. 97.1.a); the foreign relative files it if both are outside Spain (art. 97.1.b); and if both are already in Spain, "either of the two" may file (art. 97.1.c)

Legal basis

RD 1155/2024 (Immigration Regulation), arts. 94 to 99 — the chapter devoted to family members of Spanish nationals. Careful, the confusion is easy: art. 17 of LO 4/2000 is NOT this regime, it is the one for relatives reunified by a FOREIGN resident, a different procedure.

Checked against the consolidated text on 2026-09-15.

Official sources

🔗 Real Decreto 1155/2024 (RELOEX) → 🔗 Ley Orgánica 4/2000 (LOEX) → 🔗 Modelos oficiales de extranjería (aquí está el EX-24) →

Última actualización: 2026-09-02

ℹ️ The information on this website is general guidance. It is not legal advice. For your specific case, consult a lawyer specializing in immigration or the relevant official office. Emigra España never advises acting outside the law.