Family Member of a Spanish Citizen in 2026: No Health Insurance or Financial Means Required

Since the new Spanish Immigration Regulations entered into force, many families have asked whether a Spanish citizen must prove a minimum income or purchase private health insurance before their spouse, partner, child, father or mother can obtain legal residence in Spain.

The general answer is favourable. Under the new temporary residence permit for family members of Spanish citizens, applicants are not generally required to provide private health insurance or prove a fixed amount of financial resources.

This is a particularly important change for Spanish citizens who are unemployed, studying, receiving a modest pension, earning a limited income or have not yet started working in Spain. The absence of a salary, employment contract or substantial savings does not automatically prevent them from living in Spain with certain foreign family members.

However, this rule must be applied carefully. Some relatives can only qualify if they prove that they are financially dependent on the Spanish citizen. In those cases, the Immigration Office may assess the financial dependency and whether the Spanish citizen is genuinely in a position to provide ongoing material support.

In this guide, Visal Immigration Lawyers explains which family members may benefit from this residence permit, when private health insurance is not required, in which cases financial documents may still be requested and how this permit differs from the EU family member residence card.

To confirm which documents apply to your particular case, you may schedule your consultation here.

A new residence category for family members of Spanish citizens

Since 20 May 2025, Spain has had a specific residence regime for foreign family members of Spanish citizens. This permit is regulated in Articles 93 to 99 of the Immigration Regulations approved by Royal Decree 1155/2024.

The creation of this residence category represented a significant legal change. Previously, many foreign relatives of Spanish nationals applied for an EU family member residence card under Royal Decree 240/2007. Some relatives were also able to regularise their situation through the family ties residence procedure, known in Spanish as arraigo familiar.

The new Immigration Regulations created a separate legal framework specifically for family members of Spanish citizens. The SEM 2/2025 Administrative Instructions confirmed that, from 20 May 2025, a differentiated system applies to third-country national relatives of Spanish citizens who have not exercised their right to free movement in another European Union Member State.

The purpose of this new residence permit is to provide stronger protection for the family life of Spanish citizens and to make it possible for them to live in Spain with their foreign relatives without making that right automatically dependent on employment, salary or private medical coverage.

This permit is not a non-lucrative residence visa, ordinary family reunification or an EU family member card. It is a separate authorisation with its own qualifying relatives, legal requirements, documentation and application procedure.

Does a Spanish citizen have to prove financial means?

As a general rule, no.

Article 96 of the Immigration Regulations sets out the specific requirements for obtaining this residence permit. The Spanish citizen must primarily submit a complete copy of their Spanish identity card or passport. In applications involving a spouse or partner, the Spanish citizen must also provide a declaration confirming that they are not living in Spain with another spouse or partner.

The foreign family member must provide a valid passport, evidence of the family relationship and, only where expressly required by law, evidence that they are financially dependent on the Spanish citizen.

The Regulations do not establish a general minimum income, a specific percentage of the Spanish public income indicator known as the IPREM, a minimum salary or a compulsory bank balance for all applicants.

Therefore, in an ordinary application involving a spouse, registered partner, duly proven stable partner, child under the age of 26 or parent of a minor Spanish citizen, the Spanish national should not normally be required to submit:

• An employment contract.
• Recent payslips.
• A minimum period of employment.
• A specific amount of savings.
• A percentage of the IPREM.
• Proof of a fixed minimum income.

The official guidance published by the Spanish Ministry of Migration also does not include general financial means among the standard requirements or documents for this residence permit.

This means that a Spanish citizen who is unemployed, studying, retired or does not receive a regular salary may still apply for residence for a foreign spouse or partner, provided that the remaining requirements are met and the family relationship is genuine and valid.

Where the Spanish citizen is unemployed or has limited income, it is important to determine whether the application falls within an ordinary family category or a category that requires proof of dependency. You may schedule your consultation here to receive an individual assessment.

Is private health insurance required?

Private health insurance is also not generally required.

This is an important difference when compared with other Spanish immigration procedures, such as the non-lucrative residence visa, certain student residence applications and some situations under the EU free movement regime.

As a result, the foreign spouse of a Spanish citizen does not automatically have to purchase a private insurance policy without copayments, exclusions or waiting periods simply to submit an application as a family member of a Spanish citizen.

The same general rule applies to registered partners, proven stable partners, children under 26 and parents of minor Spanish citizens.

Health insurance and a medical certificate are not the same

One of the most common sources of confusion is the difference between health insurance and a medical certificate.

Health insurance is a contract with an insurance company that covers medical treatment and healthcare expenses in Spain. This type of insurance is not a general requirement for the residence permit for family members of Spanish citizens.

Which family members can apply?

This residence permit is available to third-country nationals who have certain legally recognised family relationships with a Spanish citizen.

Eligible family members include the spouse of a Spanish citizen, provided that both spouses are over the age required by law and the marriage remains valid.

Registered partners may also qualify, as may stable unmarried partners where the relationship is duly proven.

Do you need personalised legal advice?

At Visal Immigration Lawyers, we provide individual legal advice to determine whether your family member qualifies for this residence permit, whether financial dependency must be proven and which documents must be apostilled, legalised or translated.

Our immigration lawyers can review your circumstances before the application is submitted, prepare the complete file and respond to any additional document requests issued by the Immigration Office.

You may schedule your consultation here.