What does "Being dependent" dean dccording to the Immigration Office in Spain?

Introduction

One of the fundamental requirements for family reunification under the community regime in Spain is proving that the applicant relative is "dependent" on the Spanish citizen. This concept has been subject to numerous interpretations and modifications in immigration regulations. With the upcoming approval of the new Immigration Regulation, which is expected to come into force by the end of May 2025, clearer criteria will be established regarding what "being dependent" means.

In this article, we will analyze in detail what "being dependent" means according to the Immigration Office, the requirements that must be met, the different types of dependency that can justify this status, and the most common mistakes that lead to application denials.

The Concept of "Being Dependent"

The term "being dependent" refers to a situation where a foreign citizen relies on a Spanish citizen for financial support, physical assistance, or cohabitation in the same household. It is not just a family relationship but a real, continuous, and demonstrable dependency.

The Immigration Office considers three main types of dependency:

1. Economic Dependency

2. Physical Dependency

3. Belonging to the Same Household

Each of these categories has specific requirements and documentary evidence that must be presented when applying for reunification.

1. Economic Dependency

Economic dependency is the most commonly used justification for family reunification. According to the regulations, the Spanish citizen must have provided sustained financial assistance to the foreign relative before the residence application.

Requirements to Prove Economic Dependency:

• Proof of money transfers to the country of origin for at least one year.

• The amount sent must represent at least 51% of the per capita GDP of the applicant’s country.

• Justification of the Spanish citizen’s financial capacity to make these transfers.

• Evidence that the foreign relative lacks sufficient personal income.

Documents That Can Serve as Proof:

• Bank statements showing periodic transfers.

• Receipts of international remittances.

• Tax declarations of the reunified family member.

• Unemployment certificates or employment status documentation from the country of origin.

The purpose of this requirement is to prevent fraud and demonstrate that the dependency is real and existed before the application.

2. Physical Dependency

In some cases, physical dependency can justify reunification. This applies when the foreign relative cannot take care of themselves due to severe health problems and requires the care of the Spanish citizen.

Requirements to Prove Physical Dependency:

• Submission of medical reports certifying illness or disability.

• Justification of the applicant's inability to receive the necessary care in their home country.

• Presentation of documentation proving the family relationship and the need for personal care.

Documents That Can Serve as Proof:

• Medical reports issued by specialists.

• Disability or dependency certificates.

• Witness statements confirming the need for assistance.

• Proof that the Spanish citizen has assumed the medical treatment costs.

3. Belonging to the Same Household

This criterion is based on stable and prolonged cohabitation between the Spanish citizen and their foreign relative. The regulation requires that the cohabitation must have occurred for at least 24 months before the application.

Requirements to Prove Belonging to the Same Household:

• Evidence of cohabitation for at least two years.

• Justification of close personal ties within the same household.

• Proof that the relationship is not merely temporary or for convenience.

Documents That Can Serve as Proof:

• Joint registration certificates.

• Shared utility bills (water, electricity, internet).

• Rental contracts or property deeds where both are listed as residents.

• Notarial declarations attesting to prolonged cohabitation.

Automatic Presumption of Dependency

The new regulation establishes that ascendants over 80 years old will be automatically considered dependents without needing additional proof. This means that if a Spanish citizen wishes to reunify with their parent over 80 years old, they will not have to justify financial transfers, illness, or prior cohabitation.

Denial Cases and Common Mistakes

Many residence applications for relatives of Spanish citizens are denied due to a lack of proper evidence. Below are some of the most common mistakes:

1. Insufficient or sporadic money transfers: If the transfers do not reach 51% of the per capita GDP of the country of origin, the application will be rejected.

2. Lack of documentation proving physical dependency: Merely stating that the relative is ill is not enough; official medical reports are required.

3. Failure to demonstrate stable and prolonged cohabitation: A recent registration certificate or individual bills will not suffice.

4. Applications with artificially created evidence: The Immigration Office verifies the authenticity of documents and can easily detect fraud.

Impact of the New Regulations on the Reunification Process

With the implementation of the new immigration regulation, a stricter assessment of dependency is expected. Some of the key implications include:

• Greater control over financial transfers: There will be an increased requirement for regularity and stability in the transactions.

• More thorough review of medical documentation: Reports must be detailed and from verified sources.

• Stricter evaluation of cohabitation: Evidence of cohabitation must demonstrate a strong and continuous bond over time.

Conclusions and Recommendations

At Visal Immigration Lawyers, we understand how crucial it is to properly demonstrate dependency in order to obtain family reunification. The concept of "being dependent" has undergone significant changes in the new Immigration Regulation, making it essential to submit a well-prepared application with solid documentation.

Key Recommendations:

• Review the current regulations and ensure compliance with the requirements.

• Gather and present all necessary documentation proving dependency.

• Consult with a lawyer specialized in immigration to avoid application errors.

• Do not wait until the last moment to start collecting the required evidence.

• Stay informed about regulatory changes to avoid delays in processing.

If you need more information on this topic, we invite you to visit our website www.visalimmigration.com. Additionally, we will be happy to welcome you to our office to provide personalized advice and help you successfully process your family reunification application.