Since May 20, 2025, Spain has a new legal framework to regulate the Residence for Family Members of Spanish Citizens, thanks to Royal Decree 1155/2024 and Instruction SEM 2/2025. This change represents a historic improvement in the legal treatment of the relatives of Spanish nationals, especially those from third countries. The instruction was published alongside Instruction SEM 1/2025, which redefines the concept of “arraigo” (rooting) and transfers many of the elements of the former family arraigo category to this new figure.
The new regulation recognizes family ties as sufficient grounds to grant legal residence in Spain, even if the Spanish citizen has not exercised their right to free movement within the European Union.
Who can apply for this type of residence?
Article 94 of the Immigration Regulation outlines the eligible relatives:
- Spouses and registered partners of Spanish citizens.
- Children or stepchildren under 26 years of age.
- Parents and grandparents (first-degree ascendants) of the Spanish citizen or their partner.
- Parents, legal guardians of minor Spanish citizens.
- Relatives who care for a Spanish person in a situation of dependency.
- Other family members who are financially dependent, as proven from the country of origin.
This last category significantly broadens the scope of the regulation, allowing, for example, siblings or uncles/aunts who depend financially on the Spanish citizen to be included.
What are the requirements for Residence for Family Members of Spanish Citizens?
The specific requirements vary depending on the family relationship, but generally include for Residence for Family Members of Spanish Citizens:
- Documentary proof of the family relationship.
- Proof of financial dependency in the country of origin.
- Sufficient financial means on the part of the Spanish citizen.
- Not being subject to exclusion based on public order, public health, or security.
Additionally, proof of cohabitation is not generally required, except in the case of stable partners without children or financially dependent relatives.
Duration and conditions of the authorization
How long does the residence permit last?
The Residence for Family Members of Spanish Citizens is valid for five years, unless the applicant explicitly requests a shorter stay.
When does it take effect?
- If the applicant is already in Spain: from the date of application.
- If the applicant is abroad: from the date of entry into Spain with the corresponding visa.
What happens with applications submitted before May 20, 2025?
The Regulation includes a transitional regime:
- Those who applied for a residence card as family members of an EU citizen before 20/05/2025 may opt into the new regime and convert their application.
- If not expressly requested, the procedure will continue under the previous Royal Decree 240/2007.
Can long-term residence be obtained after the residence for family members of Spanish Citizens?
Yes. Individuals who reside legally in Spain under this scheme for five years may apply for:
- Long-term residence in Spain.
- EU long-term residence, if they meet the requirements of Title X of the Regulation.
Additionally, those who already hold a residence card under the EU regime may choose either to maintain their current status or switch to the new framework.
Can I bring other family members once I have this residence?
Yes. Holders of this residence permit may exercise their right to family reunification, under Articles 67 and 68 of the Immigration Regulation.
It is also possible to request an independent residence in cases of divorce, widowhood, gender-based violence, trafficking in persons, or family abandonment, provided that the request is made within six months from the event that justifies the change.
What happens if my family members situation changes?
The regulation allows for several types of modifications:
- Death of the Spanish citizen.
- End of the marital or partnership relationship.
- Loss of the family bond.
In such cases, the holder of the permit may request a change of residence status or apply for family arraigo, depending on the specific circumstances. The deadline to notify the administration of such changes is six months.
Can my residence Residence for Family Members of Spanish Citizens be denied?
This authorization can only be denied for reasons of public order, health, or security, and such denial must be based on an individualized and well-reasoned assessment. The law prohibits arbitrary controls or blanket restrictions.
How to start the process of the Residence for Family Members of Spanish Citizens?
At Guilherme Cesar Immigration Lawyer, we recommend gathering in advance all documentation related to the family relationship, the financial situation of the Spanish citizen, and proof of dependency from the country of origin (where applicable).
We provide assistance with:
- Applications from within Spain or from abroad.
- Transitioning from the previous legal framework.
- Special cases of modification, independent residence, or long-term residence.
IMPORTANT – Transitional Provision Four: Application of the Residence for Family Members of Spanish Citizens (in Spain) – Article 94.1 (d) and (e)
Instruction SEM 2/2025 dedicates Transitional Provision Four to regulate how the new residence scheme should apply to foreigners already in Spain at the time the new regulation came into force, particularly those falling under article 94.1, letters (d) and (e).
This provision provides for an orderly transition and recognizes a six-month grace period (i.e., until November 20, 2025) during which applicants who meet these criteria can apply for the new permit without waiting for their current authorization to expire.
Article 94.1(d) – Children or Stepchildren of the Spanish Citizen
“His or her children, or those of the spouse, registered or stable partner, provided that the partner also resides or intends to reside in Spain, who are under twenty-six years of age, or older if they are financially dependent, or who have a disability requiring support for the exercise of their legal capacity. In all cases, they must cohabit or intend to cohabit with the Spanish citizen and must not be married or have established their own family unit.”
Also included:
- Adopted children, if the adoption is recognized under Spanish or international law.
- Children of the spouse or partner under 18, if the foreign parent has exclusive custody or if the other parent has consented before a public authority (except when the child was born and has always resided in Spain).
Article 94.1(e) – Ascendants of the Spanish Citizen or Their Partner
“Direct ascendants of the Spanish citizen in the first degree and those of his or her spouse, registered or stable partner (provided there is no annulment, divorce or deregistration of the partnership), in the following cases: 1.º When they prove they are financially dependent and have no family support in their country of origin. 2.º When there are humanitarian reasons.”
This covers the inclusion of parents or in-laws of the Spanish citizen under criteria of financial dependency or humanitarian need.
⏰ Six-Month Transitional Period to Residence for Family Members of Spanish Citizens
Instruction SEM 2/2025 establishes that applicants in these specific situations (d and e) for Residence (have until November 20, 2025 to request the change to the new regime without needing to wait for the expiration of their current permits.
This ensures that their legal status is adjusted to the new framework, improving legal certainty and coherence for families linked to Spanish citizens.
Conclusion: More rights, more clarity for foreign families
The new Residence for Family Members of Spanish Citizens modernizes Spain’s immigration system by recognizing the right to family unity, even without EU mobility, and strengthens the legal security of thousands of foreign nationals.
At Guilherme Cesar Immigration Lawyer, we are committed to helping you assess your situation and file your application effectively, clearly, and strategically.
