Are you more than 65 years and your child is a Spanish citizen? Or are you a Spanish citizen and your parents are over 65 years old? Either way, there is a way to legally keep you all together in Spain.
In this article, we will explain how to do this through the residence permit for Spanish citizens’ parents over 65 years old. What exactly is this permit? What conditions do you have to meet to apply for it?
If you would like to know more… Keep reading!
Due to a change in regulations, as of August 16, 2022, it has become much more accessible and easier for the parents of Spanish citizens over 65 years old to move to Spain to reside with their relatives.
This is due to a reform applied in the Foreigners Regulation, which states that those who are mothers or fathers of a Spanish citizen and are over 65 years old can now apply for a Temporary Residence Permit for Exceptional Circumstances, under the Family Arraigo provision.
What does residency through family arraigo mean for the ascendants of a Spanish citizen or their registered partner?
Residency through family ties or family arraigo is a type of residence permit that offers the possibility of obtaining authorization to reside temporarily in Spain and work, according to the conditions established in our legislation. The benefits of this type of residence are granted to certain relatives of Spanish citizens.
In the case of the ascendants of a Spanish citizen or their spouse or registered partner, a residence permit is granted for a period of 5 years, exempting them from the obligation to demonstrate that they are dependent on the Spanish citizen.
Requirements for ascendants to obtain residency through family ties
Are you the parent of a Spanish citizen, over 65 years old? And do you wish to obtain residency through family ties or family arraigo?
Well, to do so, you must consider that you must meet a series of specific requirements and conditions to proceed with this application. Below are the premises to consider:
- Not being a citizen of an EU State, the EEA, or Switzerland, nor a family member of those to whom the Union citizen regime applies
- Lack of criminal records in both Spain and previous countries of residence
- Not being subject to entry prohibition in Spain and not being listed as a rejectable person in territories of countries with which Spain has agreements in this regard
- Not being, if applicable, within the period of commitment not to return to Spain
- Being present in Spain (as the application cannot be made from the country of origin), even in an irregular situation
- Demonstrating the family relationship with the Spanish citizen
Advantages of applying for this type of residence include that, unlike the requirements for social or labor arraigo, it is not necessary to prove a previous period of residence in Spain in this case.
Therefore, the application for this authorization can be made even after staying in the country for only 1 or 2 weeks.
Is it possible to apply for this residency if my parent is in an irregular situation?
If one of your parents is in an irregular situation in the country, you can still apply for family ties residence. This category of residence falls under exceptional circumstances, is common for cases of arraigo, and irregular status does not prevent its processing.
However, you can also apply for Family Ties Residence if your father is in Spain as a tourist or has any other residence authorization. We also recommend that you seek assistance from professionals to process your family ties residence in the best possible way.
Can my parents apply for family arraigo if I have obtained citizenship by residency?
If you have obtained citizenship by residency and your parents wish to apply for family arraigo to stay in Spain, consider the following:
Whether you are of Spanish origin or have acquired Spanish citizenship by residency, both your parents and your in-laws have the opportunity to apply for this authorization to reside in Spain.
So, regardless of how you obtained Spanish citizenship, your parents or in-laws over 65 years old have the right to reside in Spain with you.
Do you want to process this request? Then, feel free to ask us any questions you may have, and our team of immigration lawyers will take care of answering them, as well as streamlining and processing the entire procedure.
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