Family Reunification in Spain: Practical and Updated Guide

Family reunification allows foreign residents in Spain to live with their closest relatives. It is a right regulated by the *Ley Orgánica 4/2000* (Organic Law 4/2000) (arts. 16 to 19) and its Regulation, approved by *Real Decreto 557/2011* (Royal Decree 557/2011) (arts. 52 to 58 and related provisions).

At GVC Abogados (García Valcárcel & Cáceres), a law firm based in Murcia, we accompany the entire process to maximise the chances of success and avoid delays or refusals. If you are looking for family and immigration law lawyers in Murcia, we explain how it works, what requirements you must meet, and the actual timelines, with recommendations based on daily practice before the Immigration Office and the Consulates.

Who can reunite?

• Foreigners with a valid residence permit in Spain who have renewed or have at least one year of residence and are authorised to reside for at least another year.
• There are also specific cases for students (relatives of students), with a different regime and, unless there are regulatory changes, without automatic authorisation to work for the relatives.

Note: The exact situation of the sponsor (initial residence, renewed, long-term, community, etc.) conditions the type of authorisation for the family member and the documentation required.

Relatives who can be reunited

• Spouse or registered partner, provided there is no situation of polygamy and there is no de facto or de jure separation.
• Children of the sponsor or of the spouse/partner who are registered, under 18 years old, or over with disabilities who cannot provide for their own needs.
• First-degree ascendants of the sponsor or their spouse/partner, over 65 years old, when there are reasons justifying the need to authorise their residence and economic dependency is proven. Exceptionally, those under 65 may be admitted for humanitarian reasons.

Key requirements

Economic means (IPREM)

Sufficient income must be demonstrated in relation to the current IPREM. As a general rule, a minimum threshold is required for the family unit of the sponsor and an increase for each additional family member. The exact amount depends on the size of the family and the type of authorisation; it is advisable to calculate it accurately before submitting the application. At GVC Abogados, we review payslips, contracts, self-employment activity, and other valid means to meet the threshold.

Suitable housing

It is necessary to have a suitable housing report issued by the competent authority (Autonomous Community or Town Hall). In the Region of Murcia, we manage the application and review that the property meets surface area, habitability, and occupancy requirements according to regulations. This report is decisive.

Health insurance

For family members not covered by Social Security, it is recommended to take out a health insurance policy with coverage comparable to the public system without high co-payments.

Absence of criminal records and civil documentation

Adult family members must provide criminal record certificates from the country or countries of residence for the last few years, duly legalised and translated. Certificates of birth, marriage or registered partnership are also required, and if applicable, custody resolutions or authorisation from the other parent.

Step-by-step procedure

1) Preparation of the application

• Review of economic means, housing, and civil documentation.
• Obtaining the report on suitable housing in Murcia.
• Legalisations/apostilles and sworn translations.

2) Submission at the Immigration Office (Murcia)

• Application by the sponsor at the Immigration Office of their province (in Murcia, via electronic registration or in person with an appointment).
• Resolution period: generally, 45 days. The regulation provides for administrative silence in favour of the applicant if there is no resolution within the period.
• If granted, a resolution authorising residence by family reunification in favour of the family member is issued.

3) Visa at the Consulate

• The family member submits the visa application at the Spanish Consulate in their country of origin or legal residence, within the established period.
• The Consulate verifies identity, family ties, criminal records, and means. Indicative period: up to 2 months.
• Granting of the visa and entry into Spain within the validity period.

4) Entry into Spain and TIE in Murcia

• Within one month of entry, the family member must apply for the Foreigner Identity Card (TIE) and, if necessary, register with Social Security.
• The authorisation of the reunited family member usually has the same validity as that of the sponsor.

Rights and effects of family reunification

• Legal residence in Spain with access to education and healthcare as provided by law.
• In practice, the spouse/partner and children reunited of working age are enabled to work for others or themselves without additional procedures, in accordance with current immigration regulations.
• Possibility of renewal and, upon meeting the requirements, access to long-term residence.

Deadlines, fees, and usual documentation

• Administrative fees: residence authorization fee for family reunification (form 790 code 052) and TIE fee (form 790 code 012). At the Consulate, visa fee.
• Indicative timeframes: 45 days Immigration + up to 2 months Consulate + 1 month for TIE after entry. Planning is key to reuniting the family on time.
• Common documentation: passports, birth/marriage or registered partnership certificates, custody resolutions, criminal records, medical certificates if applicable, registration certificates, rental contracts or deeds, housing reports, payslips/income tax/working life or financial means, health insurance.

Common reasons for denial and how to avoid them

• Insufficient financial means: prepare the application well in advance and demonstrate stable income or a combination of income and savings.
• Unfavourable housing report: prior review of usable square metres, maximum occupancy, and habitability conditions before applying.
• Lack of proof of relationship or custody: provide updated, legalised, and translated certifications; authorisations from the other parent when applicable.
• Criminal records or documentary inconsistencies: verify dates, stamps, translations, and ensure there are no formal errors.
• Polygamy or legal impediments: provide proof of previous divorces or annulments, if any.

Special cases and practical issues

Common-law couples

The registered partnership can be equated to marriage for family reunification. Official registration and proof of stable cohabitation are essential. In Murcia, we advise you on regional requirements and supporting documentation.

Ascendants

Reunification of parents requires proof of economic dependency and, as a general rule, that they are over 65 years old, except for humanitarian reasons. It is advisable to document regular money transfers and needs in the country of origin.

Children with shared custody

If there is shared custody or the minor resides with the other parent, their authorisation or a judicial resolution permitting the transfer is usually required. This is a sensitive issue that should be planned in advance.

Divorce, gender-based violence, or death of the sponsor

There are circumstances to retain or modify the residence of the reunited family member even when the relationship ends (for example, marriage of at least one year in Spain, existence of children in common, measures due to gender-based violence, or death of the sponsor). We evaluate each case in detail to avoid loss of rights.

Relationship with other areas: family and inheritance

Family reunification has an impact on family law matters (prenuptial agreements, matrimonial economic regimes, measures regarding minors) and also on international inheritances and successions. At GVC Abogados, in addition to being family law attorneys, we have experience in inheritances in Murcia, planning wills and acceptance of inheritance with foreign elements to prevent conflicts of applicable law and taxation.

Frequently Asked Questions

• When can I reunite? After proving the minimum period of residence and the expectation of continuity, with sufficient financial means and suitable housing.
• Can my reunited spouse work? Yes, generally they are enabled to work in Spain once the TIE for reunification is obtained.
• How long does it all take? In practice, between 2 and 5 months, depending on the workload of Immigration and the Consulate.
• Can I reunite with my unregistered partner? Not through this ordinary route; we would explore alternatives (registered partner, marriage, family ties, or other immigration categories).
• What happens if I am denied? There is a possibility of appeal in administrative and contentious proceedings. The strategy usually combines corrections, new documentation, or re-evaluation of the most suitable legal route.

How GVC Abogados in Murcia Helps You

At García Valcárcel & Cáceres (GVC Abogados), located at Plaza Fuensanta, 3 – 6ºB, 30008 Murcia, we bring together experience in immigration, family law, and successions to offer you a comprehensive service: viability assessment, document preparation, application at the Immigration Office of Murcia, consular management, obtaining TIE, and, when appropriate, coordination with experts and sworn translators.

If you are looking for lawyers in Murcia for family reunification, family law, or inheritance lawyers, contact us. Our priority is to ensure that the reunion with your family members takes place with legal certainty, without surprises, and in the shortest time possible.

Legal references: *Ley Orgánica 4/2000* (arts. 16 to 19) and *Real Decreto 557/2011* (arts. 52 to 58 and related provisions). We advise you on the updated practical application and the criteria of the Immigration Office of Murcia.