Are you currently living in Spain and would like your son or daughter to do the same? Then keep on reading. In this article we will explore the 4 different options you have to bring your children to Spain with you according to your particular situation. We analyze in detail the requirements for the reunification procedure for children (under and over 21 years old) so that all your doubts are resolved.
First of all, we will start by looking at the 2 main and most common possibilities for bringing your children to Spain with you.
As we have seen in our articles on how to regroup and bring your parents to Spain, and how to bring your partner or spouse, in the case of children the situation works exactly the same way.
That is, there are two different options for doing so, and these two options depend on whether you are a non-EU or EU citizen (including whether you have obtained Spanish nationality).
For these two cases (under the general regime and under the European Union regime), you will be able to bring children under 18 or under 21 years old (respectively); and we are referring to both your children as well as your spouse’s children.
Later in this article we will analyze how to bring children over 21 years old.
Family reunification visa for your son or daughter under the general regime
First of all we encounter the case in which you will bring your children being a non-EU citizen who has obtained her residency card in Spain.
As long as you have been living in Spain for at least 1 year (and therefore you have renewed your permit once), you can regroup and bring your children under the general regime; but only if they are under 18 years old.
In this case you will start the procedure at the immigration office that is closer to you, proving the 3 following requirements:
📌 Availability of sufficient economic means (economic solvency). We are talking about 150% of the IPREM to bring a single child, and 50% extra for each additional son or daughter you include within the application. In addition, the immigration office will analyze your economic situation during the past 6 months to verify this solvency or availability of funds.
📌 Demonstrate that you have adequate housing (through a report). That is to say, that you have enough space for that son or daughter to live under proper living conditions, either when it comes to space (ideally they will have their own bedroom), as well as electricity, water, gas, etc. Keep in mind that for your home to be valid, no one from outside the family unit cannot live in it (for example if you have rented a room).
📌 Demonstrate the family relationship (i.e. that they are indeed your children) through the child’s birth certificate.
Once this documentation has been presented, the child must go to the Spanish consulate located in her country of origin to request the visa with which she will be able to enter Spain and request a residence card, which will have the same validity as that of the applicant (in this case, yours as the parent).
Family member of an EU citizen visa for children
On the other hand, whether it is you as a parent who is a European Union citizen (or have obtained Spanish nationality), or your spouse or partner is, you can bring your children under the EU regime, which is much more beneficial as you can bring children up to 21 years of age.
The first step, in this case, is to verify whether the minor is from a country that requires a Schengen visa to enter Spain or not:
✅ In the case that a visa is required, the child must first apply for your visa as an EU family member at the Spanish consulate, proving that she is the child of a European citizen and that that Spanish/European has a real will to regroup her (by means of an act of manifestations). She will then be able to enter Spain with this visa and apply for the community card.
If she is over 18 years old, she will be able to initiate this application without a power of attorney; while if she is a minor she will require you to issue that specific document.
❌ On the other hand, if no entry visa is required, she will be able to travel and enter Spain directly (without requesting a visa), but she will have to do so with the documents that show that she will be meeting the Spanish/EU citizen under this regime.
Do you have doubts up to this point? Read on for more information or ask our expert immigration lawyers:
Bring your children under the Entrepreneur's Law
So far we have seen the two most common paths, but we find a third option equally valid.
If as a parent you are a holder of a residence card under the Entrepreneurs Law, the situation is quite different.
In order to bring your children with you, you must first request an authorization at the UGE (Large Business Unit).
Once this application is resolved and you receive a favorable response, your child will be able to apply for her visa to enter Spain.
Once she enters the country, she will be able to request her residence card to start residing as a relative of a foreigner holding a permit under this entrepreneur law, a different condition than the one we have seen in the two previous cases.
Bringing children over 21 years old to Spain
So far we have seen the options for bringing children under 21 years old (or 18 in the case of reunification under the general regime).
But, what happens if my children are over 21 years of age (or 18), can’t I bring them to Spain with me?
The answer is yes, it is possible to bring them to the Spanish territory even if they are older than 21.
In fact, the process is exactly the same, with the same requirements as before.
The only difference is that if they are over 21, then you must also demonstrate economic dependency.
That is to say, it is an essential requirement to demonstrate that you have been sending them money while they were living in their country of origin; that you supported them there, and that before they arrived in Spain they lived under your care.
In addition, you will have to prove the situation of your son/daughter (if he/she is studying, working, etc.), demonstrating that she did not have any other type of means of life besides the one that you provided her.
And, finally, they must also hire private health insurance.
Bring your son or daughter with a job contract
And what if none of the above options are viable in your particular case?
There is one last option.
If you cannot demonstrate sufficient economic solvency or economic dependency (i.e., if your child is not economically dependent on you, perhaps because she was already working), there is also the option of bringing them with an employment contract.
That is to say, the immigration regulations establish that, simply because they are your children (children of a resident in Spain who has renewed her card at least once), the national unemployment situation (shortage list) would not be taken into consideration, and any job offer would be valid.
In order to carry out this procedure, you simply need to find them an employer willing to hire them. A copy of your renewed residence card, the child’s birth certificate to prove the family relationship, and their complete passport proving that they are in their country of origin would be sufficient.
*Keep in mind that even if they are not yet 18 years old, your children can work in the country. As long as they are over 16 and you sign an authorization as a representative, they can be hired (although they will not be able to work overtime or night work).
Do you need personalized legal advice or do you want us to take care of the application for your children to come to Spain with you to reside legally? Then get in touch!
Get in touch with our lawyers and let us guide you step by step:
