New permit available in Spain in 2025

The recent modification of the Immigration Regulation, which will come into force on May 20, 2025, introduces significant changes in the regulation of residence permits for family members of Spanish citizens. This change simplifies procedures, eliminating the need to apply for the community family card or family arraigo, and instead establishes a specific status for these cases.

At Visal Immigration Lawyers, we aim to explain clearly and in detail how this procedure will be carried out, its benefits, and the key aspects you should consider.

What Changes Does the New Regulation Introduce?

The reform introduces a new type of residence, eliminating the need to resort to figures such as the community family card or family arraigo. This change facilitates and streamlines procedures, establishing a specific category for family members of Spanish citizens.

The procedure has been structured into three scenarios, depending on the situation and location of the applicant:

1. If the Foreign Citizen Is in Their Country of Origin

In this case, the Spanish citizen must submit a residence authorization request at the Immigration Office of the city where they reside. This procedure can be carried out in person, by appointment, or through the Mercurio electronic platform, which will be enabled as of May 20, 2025.

2. If Both the Spanish Citizen and the Foreigner Are Outside Spain

In this case, the process is carried out through a visa application at the Spanish Consulate in the foreigner's country of residence. This family visa for Spaniards will allow entry into Spain, where residence can later be formalized.

3. If Both Are Already in Spain

If the foreign citizen and their Spanish family member are in Spanish territory, the residence application will be submitted to the Immigration Office, either in person by appointment or through the Mercurio platform.

Benefits of the New Status Compared to the Previous One 

The new regulation brings significant advantages, including:

• Greater clarity and simplification of the procedure: The need to apply for community family cards or rely on family arraigo is eliminated.
• Speeds up processes: Including the process in the Mercurio platform will facilitate management and tracking of applications.
• Improves legal security: Having a specific status better defines rights and requirements.

Impact on Family Members of Spaniards Already Residing in Spain 

For those already residing in Spain as family members of Spanish citizens, the new regulation will imply a progressive transition to the new residence modality. They may need to update their immigration status, so it is recommended to review their situation and consult an immigration lawyer to avoid complications.

Main Challenges in Applying for This Permit 

Despite the improvements, it is important to consider some challenges:

• Implementation deadlines: Although the regulation will come into force in May 2025, there may be delays in adapting immigration offices and consulates.
• Use of the Mercurio platform: Some applicants may face technical difficulties in using this digital tool.
• Documentary requirements: Applicants are expected to present concrete proof of their link to the Spanish citizen, which could cause delays in approval.

Five Common Questions from Foreigners Applying for This Permit

1. How long does the application process take?

The resolution time depends on the workload of the Immigration Office or Consulate where the application is submitted. Generally, the process is expected to take between 2 to 6 months, depending on the case.

2. What documents are required for the application?

The basic required documents include:

• A valid passport of the applicant.
• Birth or marriage certificate proving the relationship with the Spanish citizen.
• Proof of the Spanish citizen’s residence in Spain.
• Evidence of sufficient economic means to support the foreign family member.
• Health insurance, if required.

3. What happens if the application is denied?

If the application is denied, an appeal for reconsideration or an appeal before the Administrative Court can be filed, depending on the reason for the rejection. It is advisable to seek legal assistance to assess the available options.

4. Can I work with this residence permit?

Yes, once the residence as a family member of a Spanish citizen is granted, the holder can work in Spain without needing an additional work permit, whether as an employee or self-employed.

5. How can I track my application status?

The status of the application can be checked online through the Electronic Immigration Office, using the NIE or case number provided in the application.

How Can Visal Immigration Lawyers Help You?

At Visal Immigration Lawyers, we are experts in immigration law and can assist you in all aspects related to the residence application for family members of Spaniards. Our team of lawyers will take care of:

• Analyzing your situation and guiding you on the best way to obtain residence.
• Managing and preparing the necessary documentation.
• Representing you in procedures before Immigration Offices and Consulates.

If you have any questions or need personalized advice, contact us at 619 702 253 or visit our website www.visalimmigration.com.

INFO@VISALIMMIGRATION.COM