Community Family Reunification for Extended Family

This regrouping is based on the legal framework of Directive 2004/38/EC of the European Parliament and of the Council, which regulates the right of EU citizens and their family members to move and reside freely within the Community territory.

In Spain, it is transposed through the Royal Decree 240/2007, of 16 February, which omitted “extended family”, thus generating restrictive interpretations. With the publication in September 2020 of the DGM Instruction 8/2020 of the Directorate General of Migrations, the treatment of “other family members” was clarified and expanded, covering more relatives for the regrouping of community family members.

The first requirement is to have Spanish nationality or that of any EU member country. The second, to justify the need for the grouping. For this, we must know who we can group together.

For those who wish to apply for a community family reunification for extended family, they should know that, as a family member, is considered a person who:

• Unregistered stable partners who demonstrate a genuine cohabitation.
• Brothers, nephews, uncles, grandparents, cousins or grandchildren who live with the community citizen or depend economically on them in the country of origin.
• Ascendants and descendants and dependents for medical or social reasons (chronic illnesses, disabilities).
• Persons legally tutored or under the custody of the community citizen.
• Any family member who lived dependent on the reunifier or with them in the country of origin.

To meet the requirements for community family reunification, these situations must be proven.

Furthermore, the community citizen must be sufficiently financially capable of supporting their family member without resorting to Spanish assistance. Likewise, medical insurance with coverage similar to the Spanish health system must be held.

Therefore, the strictness of this type of reunification means that flatmates, family members with deteriorated or distant ties, in-laws, or casual partners cannot be brought.

The EU citizens who are legally resident in Spain are the ones who must initiate the procedure at the Foreigners' Office. But, firstly, they need to process a family reunification certificate under the community regime that notifies the desire to start this process.

To prevent legal fraud, family reunification for EU citizens in Spain requires evidence that includes documents such as:

• Money transfers or remittances.
• Payments of bills and expenses of the person to be reunited.
• Medical reports that prove medical or social problems.
• Proof of economic dependence.
• Payment of studies.
• Certificates of cohabitation (registration or rental contracts), witnesses.
• Proof of kinship such as birth certificates.

These proofs will be sent to the foreign country of origin along with the:

• ID card of the reunifier.
• The family reunification certificate for extended family.

The next step is to find out whether the relative who wants to come to Spain and be reunited needs a visa or not, as this will depend on the country of origin. If necessary, they must make an appointment at the Spanish consulate in their country.

At the consulate, they must provide all the previously mentioned documentation and their identification.

After obtaining the visa, the reunited family member will be able to enter Spain. It is important to know that they will have to present themselves at the foreigner's office in the city where they reside to apply for the community card. When you are given an appointment, bring all the mentioned documentation.

After reuniting community family members, they will have the right to reside and work in Spain for 5 years, to register on the local census, the rights granted by residence in Spain and to move freely within the Schengen area.