Are you a Spanish citizen or legal resident and want to bring your child over 21 to Spain? Even if they are not financially dependent on you, there is a legal solution through an employment contract under Article 40 of the Spanish Immigration Law. Here’s how.

Many foreigners who obtain Spanish nationality or long-term residence immediately start thinking about their family. And the most common question is: “How can I bring my son or daughter to live with me in Spain?”

If the child is under 21 or financially dependent, it’s usually done through EU Family Card / Family Member of an EU Citizen Residence Card.

But what happens when your child is 22, 25, 30 or older and doesn’t fully depend on you financially? This is where most people get stuck — but there is a legal alternative.

You can bring your adult child to Spain with a work contract, thanks to Article 40 of the Spanish Immigration Law.

This article gives certain family members the status of “preferential foreign workers”, meaning they can be hired from abroad without being blocked by the national employment situation.

If you want us to evaluate your case or process it for you professionally, you can book a consultation with an expert lawyer here:
https://www.visalimmigration.com/en/consulting
WhatsApp (text only): +34 618 702 253

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Why You Can’t Always Use the EU Family Card (Tarjeta Comunitaria)

As a Spanish or EU citizen, you can bring your children to Spain only if:

• They are under 21, or

• They are over 21 but financially dependent on you.

But “financially dependent” is very strict under Spanish immigration law. You must prove you send money regularly, that your child does not work, cannot support themselves, and depends economically on you before moving to Spain.

If this cannot be proven, the EU Family Card is usually denied.

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Legal Alternative: Work Contract + Article 40 of Immigration Law

Spanish Immigration Law (Article 40) defines certain foreigners as “preferential”, meaning they are exempt from the national employment situation requirement.

Who is considered a preferential foreigner?

• Children of Spaniards

• Children of legal residents (with more than 1 year of residence)

• Spouses of Spanish citizens or residents

• Nationals of Peru, Chile, and some other countries with agreements

This means: if your child is over 21 and you cannot prove financial dependency, you can still bring them legally through a job offer in Spain.

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How Does the Process Work? (Step-by-Step)

1. Your child must remain in their home country (not in Spain as a tourist).

2. A Spanish company or employer offers them a real work contract.

3. The employer submits a request for an Initial Residence and Work Permit at the Immigration Office in Spain.

4. If approved, your child applies for a work visa at the Spanish Consulate in their country.

5. They travel to Spain with the visa and start working.

6. The first permit is valid for 1 year, then renewed for 4 years.

7. After 2 years of legal residence, as the child of a Spanish citizen, they may apply for Spanish nationality by residence.

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Conditions of the Work Contract

For the application to be accepted:

• Must be full-time and for at least 1 year (or indefinite)

• Employer must have no debts with Tax Office or Social Security

• The company must be financially capable of hiring

• Salary must be at least minimum wage or according to collective agreement

• Valid for sectors like hospitality, construction, agriculture, offices, commerce, caregiving, etc.

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Advantages of This Procedure

✔ No need to prove financial dependency between parent and child
✔ National employment situation does not apply
✔ Valid even if the child is 25, 30 or older
✔ Grants legal residence and work permit
✔ Leads to long-term residence and Spanish nationality

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FAQs – Frequently Asked Questions

1. Can my child already be in Spain as a tourist to apply?
No. For this process, they must apply from their country of origin. The visa is issued only outside Spain.

2. Can the contract be part-time?
Not recommended. Immigration authorities expect a full-time contract.

3. How long does the whole process take?
Around 3 to 6 months in total—depending on the Immigration Office and the Spanish Consulate.

4. Can my child bring their spouse or children later?
Yes. Once living and working legally in Spain, they can apply for family reunification.

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Need Help?

At Visal Immigration Lawyers, we assist families every week who want to bring their adult children to Spain but cannot prove financial dependency.

If you need legal guidance, a document review or full immigration support:

• Book your consultation with an expert lawyer:
  https://www.visalimmigration.com/en/consulting
  WhatsApp (text only): +34 618 702 253
  More info: www.visalimmigration.com